nycbusdriver
Veteran
BS Alert! BS Alert!
Get out the hip boots, it's getting deep!
BS Alert! BS Alert!
Please, can you quote the judge's order (I don't suspect you have a picture of the shotgun, do you?) forcing USAPA to file those grievances?
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US Pilots Labor Thread 2/16-2/23
- Thread starter Richard
- Start date
- Status
BS Alert! BS Alert!
Get out the hip boots, it's getting deep!
BS Alert! BS Alert!
Please, can you quote the judge's order (I don't suspect you have a picture of the shotgun, do you?) forcing USAPA to file those grievances?
E
EastUS
Guest
QUOTE (EastUS @ Feb 23 2009, 11:03 AM)
I'd guarantee that if/when the union's successful in returning you to work you'll still rant and whine in the same "Righteous".."Integrity" ridden fashion."
'Elevation' date='Feb 23 2009, 03:22 PM' "Why shouldn't they?"
I rest my case.
I'd guarantee that if/when the union's successful in returning you to work you'll still rant and whine in the same "Righteous".."Integrity" ridden fashion."
'Elevation' date='Feb 23 2009, 03:22 PM' "Why shouldn't they?"
I rest my case.
Yes, of course. A'la the great Karnack who see's the future, ".pre-grieving" items when they sense the infraction coming.
We already covered this issue: the west pilots wanted it grieved to prove a point (that it hadn't been yet) only to find out it had.
Old news, old story, same whining.
Piedmont1984
Veteran
- Jan 12, 2004
- 1,737
- 897
Correct me if I'm wrong, but a grievance can only be filed after the damage has been done.
nostradamus
Veteran
- Dec 7, 2004
- 2,038
- 0
You ride the coat tails of the original TWA pilots, but you are not. As far as the full page add goes, you were finally introduced to a mans world, it is a scary place.
nostradamus
Veteran
- Dec 7, 2004
- 2,038
- 0
america west pilot's update quote from February 15th,
"This is the Leonidas Update for February 15, 2009 . We can chalk this week up to further withering of the USAPA foundation as they apparently are now trying to extricate themselves from their self-induced RICO quagmire."
"Although we can’t get the numbers from USAPA, what we can do is use some rough estimation of the bills USAPA has incurred and then weigh that against the alleged harms that USAPA claims. With just a little bit math we can see that the final tally is quite lopsided as they have spent several hundreds of thousands of dollars to pursue a couple of hundred dollars worth of alleged harms. "
"We in the West carry more than our fair share of East pilots across three time zones to work and we are more than happy to do that. But what is evident when we see these pilots is what appears to be the physical manifestations of those years of commuting has taken on them. We also know that many of those same commuters voted for USAPA with the hope that a binding arbitration could be simply ignored and that USAPA would quickly obtain a joint contract with the company and then cram it down the West’s throats. Since we carry so many and we recognize the faces over time, we feel qualified to comment on the obvious and remarkable shift in these pilots. The signs of dejection and fatigue are understandable. They were promised so much at a time when years of commuting under the worst work rules for the worst pay had taken its toll."
america west pilot update, feb 23nd
"While over 50% of the West Pilots have contributed, showing widespread support for our cause, USAPA still has room to argue to the judge that the class action should be dismissed because the group is not truly "representative" of the entire class. We know that the total number of supporters among West pilots is around 50%. If we disclosed the totals today, it would give USAPA an opening they don't deserve to have."
"There is certainly a good chance that we can get class certification without your help. Why take that risk? Why allow USAPA to characterize this effort as a minor group of disgruntled West Pilots? All of us are being affected, regardless of our individual seniority, and in all aspects of our careers. If we don't make a strong stand, as a group, right now, to demonstrate to East and to the Court that we are in this to the end, we lose. "
"Unless we can get a single CBA very soon, there is a substantial risk that very few West Pilots will be around to enjoy whatever financial package the Company may eventually offer. We hope that each West Pilot will consider the interests of the group as a whole and not just whether Nicolau would affect them."
"This is the Leonidas Update for February 15, 2009 . We can chalk this week up to further withering of the USAPA foundation as they apparently are now trying to extricate themselves from their self-induced RICO quagmire."
"Although we can’t get the numbers from USAPA, what we can do is use some rough estimation of the bills USAPA has incurred and then weigh that against the alleged harms that USAPA claims. With just a little bit math we can see that the final tally is quite lopsided as they have spent several hundreds of thousands of dollars to pursue a couple of hundred dollars worth of alleged harms. "
"We in the West carry more than our fair share of East pilots across three time zones to work and we are more than happy to do that. But what is evident when we see these pilots is what appears to be the physical manifestations of those years of commuting has taken on them. We also know that many of those same commuters voted for USAPA with the hope that a binding arbitration could be simply ignored and that USAPA would quickly obtain a joint contract with the company and then cram it down the West’s throats. Since we carry so many and we recognize the faces over time, we feel qualified to comment on the obvious and remarkable shift in these pilots. The signs of dejection and fatigue are understandable. They were promised so much at a time when years of commuting under the worst work rules for the worst pay had taken its toll."
america west pilot update, feb 23nd
"While over 50% of the West Pilots have contributed, showing widespread support for our cause, USAPA still has room to argue to the judge that the class action should be dismissed because the group is not truly "representative" of the entire class. We know that the total number of supporters among West pilots is around 50%. If we disclosed the totals today, it would give USAPA an opening they don't deserve to have."
"There is certainly a good chance that we can get class certification without your help. Why take that risk? Why allow USAPA to characterize this effort as a minor group of disgruntled West Pilots? All of us are being affected, regardless of our individual seniority, and in all aspects of our careers. If we don't make a strong stand, as a group, right now, to demonstrate to East and to the Court that we are in this to the end, we lose. "
"Unless we can get a single CBA very soon, there is a substantial risk that very few West Pilots will be around to enjoy whatever financial package the Company may eventually offer. We hope that each West Pilot will consider the interests of the group as a whole and not just whether Nicolau would affect them."
electricjet98
Senior
Fellow America West pilots,
I am writing to let you know that our so-called democratic union has refused to publish my most recent domicile update, that I submitted to them for publication nearly 1 week ago. This is not the first time one of my updates has encountered resistance and delay, however it is the first time that the association has actually refused to publish my words. Therefore, I have sought alternate distribution methods for my update. I am going to ask for your assistance with this matter, by asking that you:
· post my update on any and all internet forums that may be visited by US Airways pilots
· print copies of this update and hand it out to other pilots that you may encounter on the line
· post this in the various crew rooms throughout the system
· forward this via email to every pilot you have in your address book
Also, all of my domicile updates will be posted on the internet from now on at http://web.me.com/cactuswest.
While some may strongly disagree with the content of my update, it is my belief that this union will continue to spin its wheels in the mud unless it becomes honest enough with itself to reveal its deficiencies. How can we expect to resolve problems that we deny exist? I, for one, believe that the information black-outs and Pravda-style propaganda are a major impediment to progress. I know that I'm not alone in that belief.
It's really surprising to me that the current leadership hasn't learned their lesson about trying to playing games with the rights of representatives. About a year ago, the PHL representatives were placed into trusteeship by ALPA, in part because of the content of their infamous "Council 41 updates". Do you remember Eric and Dave's solution to being silenced? The "Council 41 Emergency Broadcasting System"! While I didn't necessarily agree with those guys, I thought that their replacement communication product was very creative, and it's my guess that ALPA's move to silence them only bolstered their credibility with the pilots. It's difficult for me to believe that USAPA, who was founded as a result of ALPA's repeated mistakes, would so quickly make the same mistakes.
I will continue to attempt to work with our association to ensure that my communications are properly published. However, the America West pilots cannot and will not be silenced by anybody, and I will always ensure that I keep you informed.
In solidarity,
Brice
[NOTE: This update was originally submitted to USAPA for distribution on February 16, 2009.]
PHX DOMICILE MEETING
This past Thursday, we held our first official PHX Domicile meeting. There were approximately 30 pilots in attendance. A sincere thank you goes to those who took the time out of their day to attend! It is my hope to have more pilots in attendance at future meetings.
Details of the meeting, including meeting minutes and passed resolutions, will be the subject of a separate update.
PHX DOMICILE COMMITTEES
There is an abundance of representational work to be done in PHX & LAS. In fact, there is a lot more work than one, two, or even three representatives can handle. Therefore, in accordance with the USAPA Constitution, I have begun establishing Domicile committees to assist with this work. These committees will be focused on addressing many issues that are specific to PHX/LAS, and will be staffed only by pilots based in PHX/LAS. Many of the Domicile committees will also work with the corresponding BPR committees. For starters, I've established the following committees:
· Communications - Removed for board privacy
o Your domicile representatives are going to need a lot of help effectively communicating with the 1800 pilots based in PHX & LAS. Therefore, Xxx has volunteered to oversee a committee of volunteers that will ensure that you are receiving frequently and timely information.
· Grievance - Removed for board privacy
o The USAPA Grievance Committee has been spending a considerable amount of time and money ensuring that West grievances are being handled properly. I was able to watch them in action last month, and I sincerely thank them for everything they've done for us so far. They have been able to attract some help from West pilots however, we are still in need of a general "go to person" for issues pertaining to our contract. Xxxx, who is a former Grievance and System Board Chairman, has volunteered to fill that role, and work with the USAPA Grievance Committee to ensure that our contract is properly enforced.
· Legal Affairs - Removed for board privacy
o Xxxxx has volunteered to lead a committee that is dedicated to monitoring all of the legal affairs of the PHX/LAS pilots, including study and enforcement of USAPA policy. Xxxxx's committee will coordinate domicile functions with our two protective organizations, and also work with USAPA's Officers to ensure that PHX/LAS remain in compliance with the law and the USAPA Constitution. As a Cactus 18 defendant, Xxxxx is a good candidate to handle this task.
· Scheduling / PBS - Removed for board privacy
o Xxxxx has already been working scheduling issues on behalf of the PHX/LAS pilots with the USAPA Scheduling Committee. His appointment to the Domicile Committee formally identifies him as a resource to PHX/LAS pilots for scheduling/PBS issues. Xxxxx will enlist other volunteers to ensure that the PHX/LAS pilots have at least the same level of support now that we did under ALPA.
We always need volunteers, so please contact one of the above pilots to volunteer your time to serve your fellow pilots. I plan to establish and staff other committees as necessary in the future. If you identify an area that needs work, I urge you to contact me so that we may establish a committee to perform that work. In accordance with the USAPA Constitution, all Domicile committee chairs must be USAPA members in good standing. Thank you for your understanding.
DOMICILE UPDATES & USAPA COMMUNICATIONS
I believe that strong communications are a vital component to any truly democratic union, and I therefore plan to do my best while in office to ensure that I provide you regular and detailed updates. As previously mentioned, I have enlisted several volunteers to serve as the PHX Domicile Communications Committee to assist me with that task. The Domicile updates, which are disseminated by email and posted on the USAPA website, will be one of my primary forms of communication to you.
The Domicile update is a form of communication that is not new to us. Under ALPA , this form of communication was known as a "Local Council Update", and was also disseminated through blast email. Under the ALPA structure, the chairman of each Local Council was provided direct access to ALPA's email system, and was able to freely send email updates with the push of a button. There was no requirement to have communications vetted through the "mother ship", nor did sending an email require the assistance of anybody from ALPA.
The USAPA communications structure (at least as it pertains to domicile updates) is quite different than the local council communications structure was under ALPA, and will present some unique challenges to my ability to freely communicate with you. The USAPA Communications process was explained to me by Xxxxx Xxxxxx, USAPA Communications Chairman, as follows:
"Domicile Representatives have complete freedom to publish so long as their updates are factual and do not violate the UOM or Constitution, nor imperil the Association with regard to litigation and/or current laws and rulings (e.g., job actions, etc). Comm receives domicile updates and does a two-stage review of them. First, they are given a quick fact check. In addition, should Comm have suggestions with regard to better communicating a message or idea, or to better serve the US Airways pilots as a whole, they are passed back to the author. These are suggestions only. Then, the piece goes to our Communications Specialist for grammar and syntax review. The mandate here is that any changes must be minor and must not change tone or content whatsoever. Anything beyond minor changes requires approval from the author, and this last step is entirely voluntary in any case. (So far, virtually all Reps welcome this "make you look better" step.) At that point the piece is published to the site and emailed to the appropriate pilots (in your case the PHX and LAS pilots). We have greatly reduced turn-around time and (depending upon when you submit your piece) you can generally expect publishing within a few hours or, if you have submitted very late in the day or on weekends/holidays, possibly the following day. Only those pilots who have voluntarily provided their email addresses will receive the email update so it behooves pilots to provide it as we do not publish hard copies."
As you can see from Xxxxx's description, USAPA's communications process is far more centralized than under ALPA (and probably more than any other union for that matter), and provides a far greater potential for the "mother ship" to interfere with the communications of the Domicile Representatives. I can only imagine how much less entertaining the old Council 41 (PHL) updates would have been if ALPA had a review process like USAPA has. In my view, the restrictive and onerous "review process" is clearly designed to deter domicile representatives (particularly PHX & LAS) from exercising their federal right to freely communicate with the pilots they represent.
As a direct result of the USAPA review process, my attempts to publish PHX Domicile updates have been met with resistance and delays. However, I assure you that it's only because I continuously assert my federal rights, that my updates have all been published. After being left with no legal choice but to publish my updates as written, Xxxxx Xxxxxx informed me that I was "forcing" him to counter the content of my update. Xxxxx did make good on his promise in the form of an official "USAPA Correction to Domicile Updates" email that was sent out last Wednesday. It's posted on the USAPA website, and I encourage all of you to read it if you have not do so already.
As you'll probably agree, the "official correction" is anything but a simple correction of facts. This "official correction" seems to be primarily an attack on my opinions - and not a correction of facts. The "official correction" attempts to label my opinions as untrue, and then suggests that alternate opinions are official and factual. This "official correction" also contains several contradictions. For example, it suggests that we are one pilot group, yet there is a stated objection to furlough assessments from East pilots being used to benefit furloughed West pilots. Also, some of my statements are labeled as "defamatory" (which is definitely opinion, not fact), yet the "official correction" suggests that I am being intentionally dishonest, which could just as easily be called "defamatory". Interestingly enough, previous official USAPA communications have suggested that West pilots are criminal, hostile, threatening, inexperienced, immature, and greedy. Now we can apparently add "dishonest" to that list of libel. Lastly, I believe that this "official correction" is a misuse of association resources, and contradicts stated principles and policies in the USAPA Constitution.
If Xxxxx continues to dismiss the resolve of 1800 pilots as "not factual", I suppose that's his prerogative. I realize that some of my thoughts might threaten his ability to continue manufacturing a utopian image of USAPA. I suppose it's also his prerogative if he feels the need to continue spending much of his time writing "official corrections" to my domicile updates.
Regardless of the communications challenges we may continue to face with a union that is supposed to represent our interests, I will continue to ensure that my communications reach you promptly and without illegal influence from the "mother ship". I don't have any control over what Xxxxx chooses to use his bully-pulpit for, nor do I plan to engage in a fruitless "point / counterpoint" following each of my domicile updates. I will continue to provide you the straight scoop as I see it.
STATUS OF RICO WITHDRAWAL RESOLUTION
To recap, I presented a resolution at a BPR meeting that would have provided USAPA the opportunity to withdraw the frivolous RICO litigation it has filed against America West pilots. This litigation, which has already been dismissed with prejudice by a Federal Judge, is already in it's final failing stages. My resolution would have given USAPA the opportunity to simply withdraw the litigation in advance of suffering another embarrassing court defeat. A withdrawal would have served as tangible proof of an olive branch (i.e. watch what they do, not what they say).
My original resolution was usurped by the introduction of a substitute resolution by another domicile. The substitute resolution provided the Board a politically-safer "exit strategy" than my resolution did by offering settlements (that require admission of fault) to the defendants instead of withdrawing the litigation. This substitute resolution does not establish the "olive branch" that my resolution would have.
According to Robert's Rules of Order, a substitute resolution must essentially have the same intent as the original resolution. In this case, I don't believe that a resolution to direct settlement of litigation is a proper substitute for a resolution that seeks to withdraw it, so I lodged an objection against the substitute resolution with USAPA President Xxxxx Xxxxxxxx. After taking time to review the issue, Xxxxxxxx sustained my objection, and placed my original resolution on the agenda for a meeting the BPR had via teleconference last Wednesday evening. However, when the teleconference was convened, USAPA's Vice-President Xxxx Xxxxxx made it clear that it was he (and not Xxxxxxxx) that was chairing the meeting at the time the substitute resolution hit the floor, and therefore it was up to him to make the ruling on my objection. So, Xxxxxx decided to overrule my objection and bar my original resolution from the meeting.
You've already seen the "mother ship" go into full spin mode since I first made an issue out of this. As I mentioned earlier, I do not feel the need to engage in a fruitless game of "point / counter-point". Nor do I intend to make an ongoing issue out of this. I provided a simple opportunity for the Board to do the right thing in advance of suffering another courtroom defeat, and they chose to not take advantage it. I believe that the outcome will speak for itself. I have, however, been asked by one of the defendants to publish his thoughts in regards to the litigation:
Hi Brice,
I was among the 18 named individual defendants in the infamous usapa rico lawsuit. My crime? I posted on a web board about not paying dues to usapa. Keep in mind this was within weeks of usapa's certification, and long before I ever received a statement for dues. Apparently that makes me a member of a vast safety hotline jamming, feces mailing, racketeering criminal enterprise with a bunch of people I had never even met before.
As time went by, for pragmatic reasons I became a dues paying member of usapa, despite the fact that they were suing me over nothing. When usapa came to phoenix I attended the meeting. After the meeting started, I spoke up about being sued for a web board post. I wanted to convey to them that I did not appreciate being sued for such a thing and then being portrayed as part of a supposed vast criminal enterprise. By the way, that meeting went nothing like they described in their updates.
A week or two later, I got a call from our cactus 18 attorney, and he told me that a member of usapa's law firm had contacted him about releasing me from the litigation. Another week or so after that he called me again, and informed me that I was officially removed from the litigation, with predjudice (meaning they couldn't ever sue me for that stuff again).
Although I was still pretty mad that "my union" had maliciously cost me thousands of dollars in attorneys fees, I wasn't put over the top until I read Xxxx Xxxxxx's characterization of my release. Xxxxxx said that a defendant had been released after giving his word that he would not further participate in such activities. What a LIAR! First of all, I didn't give usapa my word about anything. Secondly, I never 'did' anything illegal in the first place!
At any rate, as a previous defendant, I can tell you that this rico case is not what usapa has been portraying it as. When I first met with our attorney, I was told that the case was simply meant to harass and intimidate, and that it was about the Nicolau award at its core. Well, it didn't quite work out the way usapa, or in my opinion some of usapa, had hoped it would. In my opinion, usapa should do the right thing, as they did with me, and simply release everyone and drop the appeal. Its cost alot of people dearly, including one guy that is now furloughed. Thanks for your efforts, hang in there.
Xxxxx
SICK NOTES
I have been informed that over 100 PHX/LAS pilots have recently received certified letters from the company accusing them of sick leave abuse. I can only theorize that the company is looking to the PHX/LAS pilots to remedy the short-staffing that is a result of furloughing 10% of our pilot group.
Please do not allow yourself to be intimidated by this East management tactic. If you're not well enough to come to work - don't come to work. There is nothing the company can do to you for making a decision in the interest of safety or that is required by the FARs. Our contract has language in it that is designed to protect us from these sorts of sick leave intimidation tactics. If you are one of the "accused", may I offer the following recommendations:
1. After receiving your request to document you sick occurrence, send an email to Ken Wood with the following (or similar) verbiage:
I am in receipt of your letter dated _____. I will promptly provide you with the documentation you are requesting. However, in accordance Section 14.C.4.a of my contract, I am requesting that you furnish me, in writing, the "reasonable cause" for you to believe that I am abusing sick leave. Thank you for your cooperation.
2. Obtain the requested documentation and furnish it to Ken Wood's office in a timely manner. Save all receipts.
3. Save copies of all of your correspondence.
4. If you do not believe that Ken's stated cause for suspicion of sick leave abuse is "reasonable", or if Ken fails to provide you "reasonable cause" in writing, then immediately file a grievance. Grievance forms are available on the USAPA website.
5. File an expense report with the company for reimbursement of the expenses related to obtaining documentation of your sick call.
I am writing to let you know that our so-called democratic union has refused to publish my most recent domicile update, that I submitted to them for publication nearly 1 week ago. This is not the first time one of my updates has encountered resistance and delay, however it is the first time that the association has actually refused to publish my words. Therefore, I have sought alternate distribution methods for my update. I am going to ask for your assistance with this matter, by asking that you:
· post my update on any and all internet forums that may be visited by US Airways pilots
· print copies of this update and hand it out to other pilots that you may encounter on the line
· post this in the various crew rooms throughout the system
· forward this via email to every pilot you have in your address book
Also, all of my domicile updates will be posted on the internet from now on at http://web.me.com/cactuswest.
While some may strongly disagree with the content of my update, it is my belief that this union will continue to spin its wheels in the mud unless it becomes honest enough with itself to reveal its deficiencies. How can we expect to resolve problems that we deny exist? I, for one, believe that the information black-outs and Pravda-style propaganda are a major impediment to progress. I know that I'm not alone in that belief.
It's really surprising to me that the current leadership hasn't learned their lesson about trying to playing games with the rights of representatives. About a year ago, the PHL representatives were placed into trusteeship by ALPA, in part because of the content of their infamous "Council 41 updates". Do you remember Eric and Dave's solution to being silenced? The "Council 41 Emergency Broadcasting System"! While I didn't necessarily agree with those guys, I thought that their replacement communication product was very creative, and it's my guess that ALPA's move to silence them only bolstered their credibility with the pilots. It's difficult for me to believe that USAPA, who was founded as a result of ALPA's repeated mistakes, would so quickly make the same mistakes.
I will continue to attempt to work with our association to ensure that my communications are properly published. However, the America West pilots cannot and will not be silenced by anybody, and I will always ensure that I keep you informed.
In solidarity,
Brice
[NOTE: This update was originally submitted to USAPA for distribution on February 16, 2009.]
PHX DOMICILE MEETING
This past Thursday, we held our first official PHX Domicile meeting. There were approximately 30 pilots in attendance. A sincere thank you goes to those who took the time out of their day to attend! It is my hope to have more pilots in attendance at future meetings.
Details of the meeting, including meeting minutes and passed resolutions, will be the subject of a separate update.
PHX DOMICILE COMMITTEES
There is an abundance of representational work to be done in PHX & LAS. In fact, there is a lot more work than one, two, or even three representatives can handle. Therefore, in accordance with the USAPA Constitution, I have begun establishing Domicile committees to assist with this work. These committees will be focused on addressing many issues that are specific to PHX/LAS, and will be staffed only by pilots based in PHX/LAS. Many of the Domicile committees will also work with the corresponding BPR committees. For starters, I've established the following committees:
· Communications - Removed for board privacy
o Your domicile representatives are going to need a lot of help effectively communicating with the 1800 pilots based in PHX & LAS. Therefore, Xxx has volunteered to oversee a committee of volunteers that will ensure that you are receiving frequently and timely information.
· Grievance - Removed for board privacy
o The USAPA Grievance Committee has been spending a considerable amount of time and money ensuring that West grievances are being handled properly. I was able to watch them in action last month, and I sincerely thank them for everything they've done for us so far. They have been able to attract some help from West pilots however, we are still in need of a general "go to person" for issues pertaining to our contract. Xxxx, who is a former Grievance and System Board Chairman, has volunteered to fill that role, and work with the USAPA Grievance Committee to ensure that our contract is properly enforced.
· Legal Affairs - Removed for board privacy
o Xxxxx has volunteered to lead a committee that is dedicated to monitoring all of the legal affairs of the PHX/LAS pilots, including study and enforcement of USAPA policy. Xxxxx's committee will coordinate domicile functions with our two protective organizations, and also work with USAPA's Officers to ensure that PHX/LAS remain in compliance with the law and the USAPA Constitution. As a Cactus 18 defendant, Xxxxx is a good candidate to handle this task.
· Scheduling / PBS - Removed for board privacy
o Xxxxx has already been working scheduling issues on behalf of the PHX/LAS pilots with the USAPA Scheduling Committee. His appointment to the Domicile Committee formally identifies him as a resource to PHX/LAS pilots for scheduling/PBS issues. Xxxxx will enlist other volunteers to ensure that the PHX/LAS pilots have at least the same level of support now that we did under ALPA.
We always need volunteers, so please contact one of the above pilots to volunteer your time to serve your fellow pilots. I plan to establish and staff other committees as necessary in the future. If you identify an area that needs work, I urge you to contact me so that we may establish a committee to perform that work. In accordance with the USAPA Constitution, all Domicile committee chairs must be USAPA members in good standing. Thank you for your understanding.
DOMICILE UPDATES & USAPA COMMUNICATIONS
I believe that strong communications are a vital component to any truly democratic union, and I therefore plan to do my best while in office to ensure that I provide you regular and detailed updates. As previously mentioned, I have enlisted several volunteers to serve as the PHX Domicile Communications Committee to assist me with that task. The Domicile updates, which are disseminated by email and posted on the USAPA website, will be one of my primary forms of communication to you.
The Domicile update is a form of communication that is not new to us. Under ALPA , this form of communication was known as a "Local Council Update", and was also disseminated through blast email. Under the ALPA structure, the chairman of each Local Council was provided direct access to ALPA's email system, and was able to freely send email updates with the push of a button. There was no requirement to have communications vetted through the "mother ship", nor did sending an email require the assistance of anybody from ALPA.
The USAPA communications structure (at least as it pertains to domicile updates) is quite different than the local council communications structure was under ALPA, and will present some unique challenges to my ability to freely communicate with you. The USAPA Communications process was explained to me by Xxxxx Xxxxxx, USAPA Communications Chairman, as follows:
"Domicile Representatives have complete freedom to publish so long as their updates are factual and do not violate the UOM or Constitution, nor imperil the Association with regard to litigation and/or current laws and rulings (e.g., job actions, etc). Comm receives domicile updates and does a two-stage review of them. First, they are given a quick fact check. In addition, should Comm have suggestions with regard to better communicating a message or idea, or to better serve the US Airways pilots as a whole, they are passed back to the author. These are suggestions only. Then, the piece goes to our Communications Specialist for grammar and syntax review. The mandate here is that any changes must be minor and must not change tone or content whatsoever. Anything beyond minor changes requires approval from the author, and this last step is entirely voluntary in any case. (So far, virtually all Reps welcome this "make you look better" step.) At that point the piece is published to the site and emailed to the appropriate pilots (in your case the PHX and LAS pilots). We have greatly reduced turn-around time and (depending upon when you submit your piece) you can generally expect publishing within a few hours or, if you have submitted very late in the day or on weekends/holidays, possibly the following day. Only those pilots who have voluntarily provided their email addresses will receive the email update so it behooves pilots to provide it as we do not publish hard copies."
As you can see from Xxxxx's description, USAPA's communications process is far more centralized than under ALPA (and probably more than any other union for that matter), and provides a far greater potential for the "mother ship" to interfere with the communications of the Domicile Representatives. I can only imagine how much less entertaining the old Council 41 (PHL) updates would have been if ALPA had a review process like USAPA has. In my view, the restrictive and onerous "review process" is clearly designed to deter domicile representatives (particularly PHX & LAS) from exercising their federal right to freely communicate with the pilots they represent.
As a direct result of the USAPA review process, my attempts to publish PHX Domicile updates have been met with resistance and delays. However, I assure you that it's only because I continuously assert my federal rights, that my updates have all been published. After being left with no legal choice but to publish my updates as written, Xxxxx Xxxxxx informed me that I was "forcing" him to counter the content of my update. Xxxxx did make good on his promise in the form of an official "USAPA Correction to Domicile Updates" email that was sent out last Wednesday. It's posted on the USAPA website, and I encourage all of you to read it if you have not do so already.
As you'll probably agree, the "official correction" is anything but a simple correction of facts. This "official correction" seems to be primarily an attack on my opinions - and not a correction of facts. The "official correction" attempts to label my opinions as untrue, and then suggests that alternate opinions are official and factual. This "official correction" also contains several contradictions. For example, it suggests that we are one pilot group, yet there is a stated objection to furlough assessments from East pilots being used to benefit furloughed West pilots. Also, some of my statements are labeled as "defamatory" (which is definitely opinion, not fact), yet the "official correction" suggests that I am being intentionally dishonest, which could just as easily be called "defamatory". Interestingly enough, previous official USAPA communications have suggested that West pilots are criminal, hostile, threatening, inexperienced, immature, and greedy. Now we can apparently add "dishonest" to that list of libel. Lastly, I believe that this "official correction" is a misuse of association resources, and contradicts stated principles and policies in the USAPA Constitution.
If Xxxxx continues to dismiss the resolve of 1800 pilots as "not factual", I suppose that's his prerogative. I realize that some of my thoughts might threaten his ability to continue manufacturing a utopian image of USAPA. I suppose it's also his prerogative if he feels the need to continue spending much of his time writing "official corrections" to my domicile updates.
Regardless of the communications challenges we may continue to face with a union that is supposed to represent our interests, I will continue to ensure that my communications reach you promptly and without illegal influence from the "mother ship". I don't have any control over what Xxxxx chooses to use his bully-pulpit for, nor do I plan to engage in a fruitless "point / counterpoint" following each of my domicile updates. I will continue to provide you the straight scoop as I see it.
STATUS OF RICO WITHDRAWAL RESOLUTION
To recap, I presented a resolution at a BPR meeting that would have provided USAPA the opportunity to withdraw the frivolous RICO litigation it has filed against America West pilots. This litigation, which has already been dismissed with prejudice by a Federal Judge, is already in it's final failing stages. My resolution would have given USAPA the opportunity to simply withdraw the litigation in advance of suffering another embarrassing court defeat. A withdrawal would have served as tangible proof of an olive branch (i.e. watch what they do, not what they say).
My original resolution was usurped by the introduction of a substitute resolution by another domicile. The substitute resolution provided the Board a politically-safer "exit strategy" than my resolution did by offering settlements (that require admission of fault) to the defendants instead of withdrawing the litigation. This substitute resolution does not establish the "olive branch" that my resolution would have.
According to Robert's Rules of Order, a substitute resolution must essentially have the same intent as the original resolution. In this case, I don't believe that a resolution to direct settlement of litigation is a proper substitute for a resolution that seeks to withdraw it, so I lodged an objection against the substitute resolution with USAPA President Xxxxx Xxxxxxxx. After taking time to review the issue, Xxxxxxxx sustained my objection, and placed my original resolution on the agenda for a meeting the BPR had via teleconference last Wednesday evening. However, when the teleconference was convened, USAPA's Vice-President Xxxx Xxxxxx made it clear that it was he (and not Xxxxxxxx) that was chairing the meeting at the time the substitute resolution hit the floor, and therefore it was up to him to make the ruling on my objection. So, Xxxxxx decided to overrule my objection and bar my original resolution from the meeting.
You've already seen the "mother ship" go into full spin mode since I first made an issue out of this. As I mentioned earlier, I do not feel the need to engage in a fruitless game of "point / counter-point". Nor do I intend to make an ongoing issue out of this. I provided a simple opportunity for the Board to do the right thing in advance of suffering another courtroom defeat, and they chose to not take advantage it. I believe that the outcome will speak for itself. I have, however, been asked by one of the defendants to publish his thoughts in regards to the litigation:
Hi Brice,
I was among the 18 named individual defendants in the infamous usapa rico lawsuit. My crime? I posted on a web board about not paying dues to usapa. Keep in mind this was within weeks of usapa's certification, and long before I ever received a statement for dues. Apparently that makes me a member of a vast safety hotline jamming, feces mailing, racketeering criminal enterprise with a bunch of people I had never even met before.
As time went by, for pragmatic reasons I became a dues paying member of usapa, despite the fact that they were suing me over nothing. When usapa came to phoenix I attended the meeting. After the meeting started, I spoke up about being sued for a web board post. I wanted to convey to them that I did not appreciate being sued for such a thing and then being portrayed as part of a supposed vast criminal enterprise. By the way, that meeting went nothing like they described in their updates.
A week or two later, I got a call from our cactus 18 attorney, and he told me that a member of usapa's law firm had contacted him about releasing me from the litigation. Another week or so after that he called me again, and informed me that I was officially removed from the litigation, with predjudice (meaning they couldn't ever sue me for that stuff again).
Although I was still pretty mad that "my union" had maliciously cost me thousands of dollars in attorneys fees, I wasn't put over the top until I read Xxxx Xxxxxx's characterization of my release. Xxxxxx said that a defendant had been released after giving his word that he would not further participate in such activities. What a LIAR! First of all, I didn't give usapa my word about anything. Secondly, I never 'did' anything illegal in the first place!
At any rate, as a previous defendant, I can tell you that this rico case is not what usapa has been portraying it as. When I first met with our attorney, I was told that the case was simply meant to harass and intimidate, and that it was about the Nicolau award at its core. Well, it didn't quite work out the way usapa, or in my opinion some of usapa, had hoped it would. In my opinion, usapa should do the right thing, as they did with me, and simply release everyone and drop the appeal. Its cost alot of people dearly, including one guy that is now furloughed. Thanks for your efforts, hang in there.
Xxxxx
SICK NOTES
I have been informed that over 100 PHX/LAS pilots have recently received certified letters from the company accusing them of sick leave abuse. I can only theorize that the company is looking to the PHX/LAS pilots to remedy the short-staffing that is a result of furloughing 10% of our pilot group.
Please do not allow yourself to be intimidated by this East management tactic. If you're not well enough to come to work - don't come to work. There is nothing the company can do to you for making a decision in the interest of safety or that is required by the FARs. Our contract has language in it that is designed to protect us from these sorts of sick leave intimidation tactics. If you are one of the "accused", may I offer the following recommendations:
1. After receiving your request to document you sick occurrence, send an email to Ken Wood with the following (or similar) verbiage:
I am in receipt of your letter dated _____. I will promptly provide you with the documentation you are requesting. However, in accordance Section 14.C.4.a of my contract, I am requesting that you furnish me, in writing, the "reasonable cause" for you to believe that I am abusing sick leave. Thank you for your cooperation.
2. Obtain the requested documentation and furnish it to Ken Wood's office in a timely manner. Save all receipts.
3. Save copies of all of your correspondence.
4. If you do not believe that Ken's stated cause for suspicion of sick leave abuse is "reasonable", or if Ken fails to provide you "reasonable cause" in writing, then immediately file a grievance. Grievance forms are available on the USAPA website.
5. File an expense report with the company for reimbursement of the expenses related to obtaining documentation of your sick call.
nostradamus
Veteran
- Dec 7, 2004
- 2,038
- 0
Question;
Did any of you west pilots have the pleasure of having east pilot , Chesley Burnett "Sully" Sullenberger III, that commutes from California to Charlotte, NC on your flight?
I know west pilots used to refuse jump seats from East pilots commuting from the west like Captain Sullenberger.
Your thoughts please "gentleman."
Did any of you west pilots have the pleasure of having east pilot , Chesley Burnett "Sully" Sullenberger III, that commutes from California to Charlotte, NC on your flight?
I know west pilots used to refuse jump seats from East pilots commuting from the west like Captain Sullenberger.
Your thoughts please "gentleman."
Hmmm, seems Brice is the "virus thats gonna kill USAPA" according to Metroyet. Well, it also seems he wants to address his constituents as "America West Pilots" although "America West Airlines" doesn't fly airplanes anymore. And with all due respect to BoeingBoy's assertion that we should freely call ourselves by our previous carrier name, it's BS....and we all know it. (Jim, don't bother retorting with me on this, your need to win an argument outlasts my willingness to argue over semantics with you.)
I think the Union should keep a close eye on Brice, and his "committee's" he's forming up.
As to the AOL funding for the class-action suit: you guys have larger problems than that.
For Parker, you can't call it both ways, you advertise to "external" customers that we are a "Big 6" carrier, and draw comparison's accordingly, but when you get to the table with USAPA, we are some UFO...heretofore unidentified flying object:
COMMENT DELETED BY MODERATOR
.02
I think the Union should keep a close eye on Brice, and his "committee's" he's forming up.
As to the AOL funding for the class-action suit: you guys have larger problems than that.
For Parker, you can't call it both ways, you advertise to "external" customers that we are a "Big 6" carrier, and draw comparison's accordingly, but when you get to the table with USAPA, we are some UFO...heretofore unidentified flying object:
COMMENT DELETED BY MODERATOR
.02
Have not met Cpt Sullenberger, but sure have been asked if I know him.
This is why I have refused to have a blanket no east jumpseat policy. First off, it is just wrong. Second,it will come back to bite you. Third, it hurts your own commuters. Fourth, I cannot further a policy that would make someone uncomfortable jumpseating on their own airline (guess it is too late for that). and finally, if you turn down everyone, you may not know just who you are actually turning away.
But back to "Sully", is he back to work, it seems his appearance schedule was pretty demanding for a while.
nostradamus
Veteran
- Dec 7, 2004
- 2,038
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It was a loaded question. You will be reminded of them soon.
I had him on a flight once from Phoenix (long before his rise to stardom from Flight 1549) to, I think, San Francisco on a 757. He had signed up for a jumpseat, and from what I observed as the "A" Flight Attendant the communication between our pilots and him was very cordial and professional. He did not end up having to ride in the Flight Deck as there was an open First Class seat where he was accomodated by me before we closed the door.
There was no hostility, ill-will or contention between Captain Sullenberger or our Flight Deck crew that evening. If there had been, I would have noticed.
Sorry to disappoint you, Nostradamus.
Be Careful What You Wish For.
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- Dec 23, 2006
- 2,269
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Phoenix
Veteran
- Apr 16, 2003
- 8,584
- 7,430
What do Gov Rod Blagojevich, Sen. Larry Craig, and Sen. Roland Burris have in common?
They argued their case in publicly in an attempt to avoid court.
ClueByFour
Veteran
- Aug 20, 2002
- 3,566
- 37
I can't wait (can not wait) to watch your boys get crossed on that in the DFR trial.
"US East--1 of 3 in NYC Waterways, ladies and gentlemen of the jury."
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