It was not meant to be patronizing. I regret that you took it that way.
My wish ("motive" is too strong a word for how I feel) is to see a wrong series of acts corrected. In this case those acts revolve around the various facts that arose regarding the pilot integration after the merger, including the failure to abide by an agreement to accept the results of a full and binding arbitration that was fully intended to resolve all seniority issues between the pilots of the former America West Airlines and the former US Airways.
You are absolutely wrong that it is my wish to see the pilot's union go away. I have repeatedly posted on the US Aviation site that unions are absolutely needed in the air transportation industry. It is, perhaps unfortunately, the nature of the beast in this business, but I absolutely deny that my intent is to have the pilots not be unionized.
On the other hand I would like very much to see the union terminate all dealings with Lee Seham and his firm. They have been demonstrably wrong on so many things that it defies logic that his firm is still employed by the union. This goes all the way back to the advice, in the public record or otherwise public information, that he appears to have given Mr. Bradford when he was seeking to form a union for the stated intent of somehow overcoming the Nicolau arbitration award.
As for your theories on why I am here I am not trying to learn law online. I was employed in that field for ten years. I also am not a management/corporate or law firm plant. I have taken my share of shots at the management of this company, more than enough to not be welcome as an employee. If I was working for a law firm, which I am not, I would likely be restricted on what I could or would say online by attorney/client privilege, which also does not apply because I am not so employed or restricted.
I'm sorry if you believe I am flaming you. I doubt that anyone else here believes that I was trying to flame you. I was, rather, trying to have a civil discussion. Remember, you have the option to ignore me on these boards and never again see a single thing I post. The option is yours.
The answer is "None of the above."
Have a nice day and remember to fly safe.
First, you are WRONG about Bradford and Seham. I was there at the VERY beginning and I should know. Bradford did NOT START THE "USAPA MOVEMENT" (or conspiracy as west pilots portray it)! It was NOT FORMED in the back of a van. The case law does NOT REFLECT the
wishes of west pilots and we'll find that out no matter WHAT the courts do. Seham is here to stay, at least for the immediate future. So let's get past that. We, repeat WE, chose Seham and that's the way it was. It is obvious you "believe" the injustice the West pilots received from the evil East pilots. Let's get PAST THAT "counseler".
Because you, I, ALPA, USAPA, whomever...call an arbitration an arbitration is in the eyes of the beholder. ALPA promised what THEY called an arbitration that becomes validated by a vote after a TOTAL vote is taken. Pay becomes validated by a vote. etc., etc. If the MAJORITY wants a CBA, again...they'll vote for it. You may think that unfair, but thats the way it is. You imply that I am NOT abiding by a "final and binding" agreement. You guys mix RLA and contract law in the same bundle. Does labor want the courts to negotiate CBA's if the 9th rules in AOL's favor?? Judge Wake said that separate ops until a CBA is voted in. Then he (Judge Wake) will ORDER THE NICOLAU AWARD. Why didn't he rule the award implimented IMMEDIATELY?? Judge Wake is telling ME with a legal gun to MY head that I can vote, but only within the narrow confines of HIS ruling. How about the next time a minority or special interest group doesn't like the way their labor union "proposing" to treat them??? Another lawsuit. Heck, if AOL did, by god, we can too!!
I am not ALPA, USAPA, IAM, TEAMSTERS, or otherwise. These are unorganized legal entities voted in by statute to represent the craft or class. They are NOT a West pilot or East pilot. Even though the consitution mandates the officers BE pilots, they don't have to be if the rank and file amend the constitution. I am NOT USAPA. A West pilot is NOT USAPA. They are the bargaining agent. I am not. They are the legal entity that gets sued. Not you or me. That is a LEGAL FACT!!!
If you're going to "opine" about the bad of USAPA, go ahead. But why don't you "opine" about what happens if the union goes away?? Why don't you tell your West friends who love your "valued" support about whether damages accrue to the individual pilots IF the union disappears?? Why don't you "opine" about what happens to the collective bargaining agreements if the union goes away?? Who protects your employment provisions if there IS no union? Will you tell them???
What's the point of a labor union then??? Let's just let the courts negotiate instead because that's what we have now, isn't it??
Separate "agreement" meaning employment at will contract with an arbitrative provision from a "collective", repeat "collective" "bargaining" repeat "bargaining" "agreement".
They may be similar and in some respects look alike but in reality are SEPARATE BODIES OF LAW.
But the fact REMAINS that the old adage in RLA and NLRA is that, in a labor union, "you can lead a horse to water but you can't make it drink" is most appropriate here. No matter WHO the bargaining agent is...USAPA, ALPA, IAM, TEAMSTERS....and no matter WHO their leaders are, whether they are pilots or not, is not the point. Their ONLY job, as the representative of the respected craft or class, is to "negotiate" repeat, "negotiate" with the company and "hopefully", repeat "hopefully", come back to the craft or class with an agreement they will RATIFY. And if they DON'T, then they go back to the negotiating table and start again OR the craft or class can VOTE in a new CBA and let THEM try. No crime, just bargaining.
Come on, you guys, think about the future of labor unions if AOL prevails.
Just know that I can stomach employment at will, the question is, can YOU???
If you want civil debate, I'm game. But I know that time is on my side and time will validate my position. Time is a value West pilots DO NOT value, at least when it comes to their East brothers and sisters.