US Pilots Labor Discussion

[end_of_alpa]

That is the party block of the arbitration not the T/A. Not the terms the parties. The parties are the pilots. That is who the terms apply to.


The ALPA Arbitration Board
-------------------------------------------------------------x
In the Matter of the Seniority Integration of
The Pilots of US Airways, Inc.
and
The Pilots of America West Airlines, Inc.
-------------------------------------------------------------x

The ALPA Arbitration Board

George Nicolau, Chairman
Captain Stephen Gillen, Pilot Neutral
Captain James P. Brucia, Pilot Neutral


APPEARANCES
For the US Airways Pilots:
Katz & Ranzman, P.C.
By: Daniel M. Katz, Esq.
Jason M. Whiteman. Esq.


For the America West Pilots:
Bredhoff & Kaiser, P.L.L.C.
By: Jeffrey R. Freund, Esq.
Roger Pollack, Esq.
Lisa Powell, Esq.

We agree to disagree.

The courts prove you're wrong.

Don't like hearing you're wrong. It is what it is.

Good luck.

 

[Metroyet]

This is so funny! You guys poke and make fun when the east calls Nicolau and Wake idiots, but you guys do the same thing when someone says something you don't like. Just goes to show you, the two groups are made up of the same percentages of people.

You can stop putting words in my mouth. I hardly disparaged the Judges like you Scabs do. Didn't call them senile or stupid. The 9th solved NOTHING. That's the problem. Because the company decided to take the Coward route, they, (the company) was left with a hobsons Choice. That created the DJ which will literally take Years to work out. I don't fault the 9th for anything. The company created their own Hobsons Choice.

 

[Metroyet]

We agree to disagree.

The courts prove you're wrong.

Don't like hearing you're wrong. It is what it is.

Good luck.

When did the courts prove the West wrong? When Wake handed down the Injunction....was that it?

Certainly an intelligent lawyer like yourself isn't confusing the 9ths issue with Ripeness with the Merits...right?

 

[Pi brat]

You can stop putting words in my mouth. I hardly disparaged the Judges like you Scabs do. Didn't call them senile or stupid. The 9th solved NOTHING. That's the problem. Because the company decided to take the Coward route, they, (the company) was left with a hobsons Choice. That created the DJ which will literally take Years to work out. I don't fault the 9th for anything. The company created their own Hobsons Choice.

Here are you words:

"2/3rds of the 9th circuit didn't have enough information to see the forest through the trees and declared this "not ripe"."

To see the forest through the trees is usually a derogatory comment. From a pilot(or pilot's wife) about federal judges. I'm sure they would appreciate you thoughts, especially since they had the same information the 1/3 that you were happy with did.

 

[USA320Pilot]

ALPA Pilot Elected President of International Federation of Airline Pilot's Associations (IFALPA)

See Story

 

[Metroyet]

Here are you words:

"2/3rds of the 9th circuit didn't have enough information to see the forest through the trees and declared this "not ripe"."

To see the forest through the trees is usually a derogatory comment. From a pilot(or pilot's wife) about federal judges. I'm sure they would appreciate you thoughts, especially since they had the same information the 1/3 that you were happy with did.

Not meant as a derogatory comment. Read the new PHX update. It nails it.

 

[767one]

Good post there nic4. The East Pilots operate the same way, it's what we are paid to do. The short answer to your question, divide and conquer.

Nic,


I think the answer is that they have not come after a west pilot YET. Give them some time andthey will mess with you also and you will have my support if they do.


Regards,


Bob

 

[767one]

Good morning Bob,

Yes they do. That was the problem I had with the fuel school. I think the company has the right to ask me why I did what I did, but they should do it in the proper manner. The fuel school was not it.

I will see if I can find the Hemmingway letter the CLT update talks about, but I do seem to remember something about writing up "minor discrepancies". I don't have a definition of minor in my FOM, how about you? I wonder if the company or FAA could provide me a list of things that are minor and ok to not right up. Also, on the O2, the letter from Mr. Morrell says that we are not unsafe(i agree, just entering a phase of potentially troublesome pilot-management relations) and that if the captain feels the operation of his/her aircraft is unsafe he/she will stop the operation until the problem is corrected. How can they publish that then tell a captain headed over some big rocks, in a less than stellar performing A/C that they should not demand more O2, no matter what time he/she decided he/she needed more? I hope the pilots and union reps have a copy of Morrell's letter. Every pilot should make a copy and carry it with them.

Great idea if you find it post it and we can copy it to carry.


Bob

 

[767one]

Yes, but do you write up that O2 30 minutes prior or at departure time. There may be other factors involved. I am certain that management is choosing its battles carefully. After all, you eastholes taught them to do that.

Ames,

I write them up when I find them. I try to write them up as soon as possible but several months ago (with the FAA on the jumpseat) the terrain fail light came on about ten min. before push so I wrote it up. We were about 30 min. late so I made a notation in my personal log so if someone questioned me I could tell them exactly why we were late. Of course it took 5 min. to write up the mel but 3 calls to mtc and 30 min. to get an avionics mech. to the plane. To his credit he was running and he said no one called him....3 calls! I also heard that todays little meeting in CLT has been postponed. Maybe they don't want to step on their cranks...again particularly when so many people are interested.


Regards,

Bob

 

[Pi brat]

Great idea if you find it post it and we can copy it to carry.


Bob

Bob,

It is located on the USAPA website, under committees, then safety, Morrell letter to Kubic on bottom left of page. I can't get the link to work, maybe someone else can.

 

[nic4us]

Here we go again. You're wrong. If the majority of the craft or class strikes and the few cross the picket line what obligates the company to honor YOUR seniority then if you're the one on strike? The "final and binding" Inures to the Respective MECs not the pilots. The pilots have a CBA to bind the company to terms and conditions the pilots vote for. If a doesn't adhere to the contract that can be to the companys benefit, unless it's against the company. Then follow orders and grieve it.

Seniority, pay, work conditions, etc. Are only as good as the status quo is being observed. After you can do what you want.

Good luck.

First, Clear is correct, the parties to the arbitration are the pilots. Says so over and over in both the TA, the Arbitration hearings, the Arbitration award, and even the individual CBA's.

Second, by your "The "final and binding" Inures only to the Respective MECs not the pilots" is neither backed by any court, as you claim, nor is it even remotely correct. In that world, the company would only have to pay the MECs at the CBA pay rate, or only award vacation to the MECs on the CBAs terms. The MECs merely represented the parties to the arbitration. Now usapa represents the parties to the arbitration, that is why usapa will never get anything other than the Nic, doing so violates their DFR to the West pilots they represent, who are individually and collectively parties to the arbitration, and who have every legal right to demand the terms of the arbitration are now followed.

Also, Jack (we thought the arbitration only applied to the Negotiating committee) Stephan, was proven very wrong on just this topic in the Addington trial.


Anybody got a link to the usapa court filing of the alleged violation of status quo yet?

 

[CactusPilot1]

CHARLOTTE, N.C. -- May 31, 2011 -- The pilots of US Airways, represented by the US Airline Pilots Association (USAPA), have filed a complaint against defendant US Airways in the U.S. District Court Southern District of New York alleging that US Airways has violated its duty to maintain the status quo during contract negotiations as required by the Railway Labor Act (RLA).

In its complaint, USAPA alleges:

US Airways has unilaterally altered the parties' collective bargaining agreements by intentionally frustrating and abrogating the contractual grievance and arbitration procedures outlined in the collective bargaining agreements.
US Airways has deliberately delayed the scheduling of disputes as required under the Railway Labor Act. It has failed to prosecute disciplinary and contractual grievances in a timely fashion and refused to complete arbitration hearings within the allotted, agreed upon time. Its actions have created a backlog of more than 500 unresolved grievances. Lastly, US Airways has refused to follow well-established and agreed upon procedures and practices regarding the settlement of disciplinary and contractual disputes.
US Airways has violated its obligations under the RLA to maintain the status quo with respect to terms and conditions of employment for those US Airways employees represented by USAPA.
US Airways has also violated the RLA by intentionally failing to "exert every reasonable effort" to reach a settlement with USAPA regarding an integrated collective bargaining agreement. USAPA believes the defendant has bargained in bad faith in violation of the RLA by engaging in surface bargaining and employing evasive and dilatory tactics with respect to the ongoing major dispute.
US Airways has demonstrated a clear intention not to reach an agreement with USAPA regarding an integrated collective bargaining agreement, and therefore has violated the Railway Labor Act.
US Airways has committed an additional violation of the Railway Labor Act by failing to "exert every reasonable effort ... to settle all disputes ... arising out of the application of" the current collective bargaining agreements.
US Airways has failed to make "every reasonable effort" to settle or otherwise resolve contractual interpretation disputes in violation of the Railway Labor Act.
USAPA feels that the egregious nature of these illegal acts has been compounded by important safety grievances that remain unresolved as a result of US Airways' actions.

In a statement to the US Airways pilots, USAPA President Mike Cleary said, "Each of us is painfully aware that remaining mired in bankruptcy-era contracts after six years has created a level of hardship for our families that is unsustainable. The honesty, moral character and integrity that we have applied to our obligations during negotiations have been met with exactly the opposite from management. They have used every opportunity to stall, delay and attempt to exhaust the resources of our union and our pilot group. It is time for it to stop. We look to the legal system to provide relief and get our negotiations back on the level playing field that the statute requires."

In its complaint, USAPA seeks to enjoin US Airways from unilaterally abrogating and altering the relevant collective bargaining agreements pending completion of the RLA's major dispute resolution procedure. USAPA requested that the District Court issue a preliminary injunction prohibiting US Airways from engaging in this misconduct.

In his letter to the pilots, President Cleary went on to state, "I have no doubt that Management will respond in a punitive fashion to this demand for statutory compliance by taking hostages with the discipline mechanisms that are at their disposal. I can promise you that when they do, your union will respond swiftly and aggressively to defend and protect your jobs and your rights."

 

[CactusPilot1]

The honesty, moral character and integrity that we have applied to our obligations during negotiations have been met with exactly the opposite from management. They have used every opportunity to stall, delay and attempt to exhaust the resources of our union and our pilot group. It is time for it to stop. We look to the legal system to provide relief and get our negotiations back on the level playing field that the statute requires."

Apparently, honesty, moral character and integrity does not apply to it's obligations to a large part of this pilot group. <_<

 

[luvthe9]

Don't be so amazed. I got to see first hand how your group operates in 2000.



Nope. Never called you a child molester. Just said you are part of a group (USAPA) who protects the job of one.

More lies from you Pi? You are becoming more and more like your buddy Nos by the day.

And you prove by the day how sad your life is by the amount of time you spend here

 

[traderjake]

And you prove by the day how sad your life is by the amount of time you spend here

Has anybody been fired or gone to jail?

Still waiting.