US Pilots labor thread 4/17-

[Freighterguynow]

Better get used to the Nic and a payraise or LOA 93 forever. Choice is yours.

Got used to that 3 years ago.

LOA 93 and separate ops forever please.

 

[luvn737s]

Got used to that 3 years ago.

LOA 93 and separate ops please.

Why should the west be prohibited from even VOTING on an improved contract, just so that you can retain separate ops, not to mention that separate ops makes the airline almost impossible to participate in future merger opportunities.

It appears that the east's stubbornness is eliminating all viable options except bankruptcy and placing integration in the hands of a bankruptcy judge. He would dump the change-of-control provisions in a heartbeat and impose a new payscale on the combined pilot group as the best means to retain shareholder value.

Is that really USAPA's strategy - place everything in a bankruptcy judges hands? Cleary must have really taken the, "there's no shame in failing" speech he may have heard as a youngster to heart.

 

[cleardirect]

As if it were not enough the ninth has slapped usapa/Seham because of a failed attempt to stay the permanent injunction. Take a look at what the judge from the east coast has to say about usapa and their entitlement idea of what the world owes east pilots. So I have to ask, what name are the east pilots going to call the judge that denied them this time? What possible reason can you come up with for this judge to not fall for the whining? Could it be that all of these judges are following the law and it is usapa and the east pilots that are the ones that have been wrong all this time?

USAPA does not dispute the proposition that the first $510 million of any litigation recovery would belong to PBGC. It acknowledges that it cannot presently identify or prove any wrongdoing by prior fiduciaries, name the causes of action that might be available to the Plan, or estimate the potential recovery from such litigation. Its ignorance of these matters, USAPA maintains, is exactly why it needs relief -- so that someone with the subpoena authority PBGC has but will not use can take over and do a proper investigation. See Mot. 7; Ex. 1 to Mot. ¶ 8. The short answer to this argument is that any party seeking an injunction must show that its claim of injury is “actual and not theoretical.” Wisconsin Gas Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985); see also Hi-Tech Pharmacal Co. v. FDA, 587 F. Supp. 2d 1, 12 n.8 (D.D.C. 2008) (refusing to consider speculative harms as irreparable injury for preliminary injunction motion). USAPA cannot make this showing. USAPA’s alternative argument is that its loss of a “clear statutory entitlement” is irreparable harm, “because once the statutory entitlement has been lost, it cannot be PBGC argues that I should follow Paulsen v. CNF Inc., 559 F.3d 1061 (9th Cir. 2009), which held that PBGC’s decisions as trustee about whether to investigate and pursue legal claims are unreviewable. I need not reach such a broad contention at this time; even assuming that ERISA supplies sufficiently clear standards to enable judicial review, USAPA cannot show that it is likely to succeed on the merits. recaptured.” Hi-Tech Pharmacal Co. v. FDA, 587 F. Supp. at 11 (internal quotation marks omitted). The “statutory right” that USAPA invokes here is a right to adequate stewardship of the Plan by the trustee. The argument is creative, but unsupported, and it is unconvincing. By focusing on PBGC’s duties as trustee, USAPA’s argument also merges the “irreparable injury” inquiry into the “likelihood of success” analysis, which as discussed below does not favor USAPA.


While USAPA points to more that PBGC might have done, and discovery may provide additional information on the conduct of PBGC’s investigations and the management of the Plan by prior fiduciaries, success on the merits is still out of sight, over the horizon.

PBGC responds that appointing a temporary trustee would open the door to frequent disruptions of its ability to carry out its business. PBGC has the better of this debate. USAPA cannot point to any other case in which a judge has appointed a special trustee to supplement or take the place of PBGC. The risk of establishing a precedent that could lead to disruptions of PBGC’s operations is substantial and not one I am willing to undertake.

 

[OTTER574]

Got used to that 3 years ago.

LOA 93 and separate ops forever please.

A nice soon to be AOL lawyer fees and damage trial assessments from the usapa pie delivered to my family and I, is quite satisfactory.

 

[no shizel]

PHL on Track,
Henrikkson?....You Be The Judge​

Well it would appear that the PHL reps had their hands full explaining the appearance of inappropriate levels of horse trading with the PHX council. Besides what must have been abnormally high phone bills they seem to have come out none the worse for wear as it appears that they did a passable job of justifying themselves.

Unfortunately the behavior of one of them, Roger Henrikkson, continues to belie justification.

You may recall the reports of the PHL and PHX reps trading votes during the March special BPR meeting in CLT. You may also recall that Henrikkson traveled to PHX mere days later for a council meeting.

Let us refresh your memory as to the reports of the events of that day. Henrikkson was invited to attend the meeting and received extremely high levels of praise from the PHX reps for his reliable cooperation with advancing their respective agendas. Then the PHX reps, while in session, are said to have introduced into the meeting agenda a discussion regarding the upcoming EVP election.

During the course of this discussion they specifically identified a specific potential east Candidate and went to considerable length to delineate in depth what they believed to be his shortcomings, in so many words, saying that he would be a bad choice. They are reported to have then made an impassioned plea to the members present to produce a west candidate for the express purpose of defeating this individual.

The first observation is that the conduct described above is an egregious violation of Labor Law. What is more disturbing is the fact that Henrikkson was there and is not only said to have been without objection but also was observed discussing his candidacy for EVP.

Just a few days ago the official candidates for EVP were announced. When considering the list of nominees it is clear that there was a concerted effort to produce a single west candidate as the other west nominees declined their nominations. When you further consider the high profile of two of them in particular it only confirms collaboration.

By contrast, on the east side of the equation there are at least three viable candidates, one of whom is Roger Henrikkson. Surely Roger understands the unbalance this dynamic brings to the contest. Is his participation, in light of this, a coincidence? Or, is it possible that he is yet again collaborating with his PHX allies? Is Roger Henrikkson a deliberately installed spoiler designed to split the east vote so that Eric Ferguson, the founder of The Army of Leonidas who if you didn’t know are the one’s suing for the implementation of the Nicolau award, walks away with the election?

Once again, DO NOT rely on us to answer those questions. Pick up your phones and go right to the source.

 

[OTTER574]

PHL on Track,
Henrikkson?....You Be The Judge​

Well it would appear that the PHL reps had their hands full explaining the appearance of inappropriate levels of horse trading with the PHX council. Besides what must have been abnormally high phone bills they seem to have come out none the worse for wear as it appears that they did a passable job of justifying themselves.

Unfortunately the behavior of one of them, Roger Henrikkson, continues to belie justification.

You may recall the reports of the PHL and PHX reps trading votes during the March special BPR meeting in CLT. You may also recall that Henrikkson traveled to PHX mere days later for a council meeting.

Let us refresh your memory as to the reports of the events of that day. Henrikkson was invited to attend the meeting and received extremely high levels of praise from the PHX reps for his reliable cooperation with advancing their respective agendas. Then the PHX reps, while in session, are said to have introduced into the meeting agenda a discussion regarding the upcoming EVP election.

During the course of this discussion they specifically identified a specific potential east Candidate and went to considerable length to delineate in depth what they believed to be his shortcomings, in so many words, saying that he would be a bad choice. They are reported to have then made an impassioned plea to the members present to produce a west candidate for the express purpose of defeating this individual.

The first observation is that the conduct described above is an egregious violation of Labor Law. What is more disturbing is the fact that Henrikkson was there and is not only said to have been without objection but also was observed discussing his candidacy for EVP.

Just a few days ago the official candidates for EVP were announced. When considering the list of nominees it is clear that there was a concerted effort to produce a single west candidate as the other west nominees declined their nominations. When you further consider the high profile of two of them in particular it only confirms collaboration.

By contrast, on the east side of the equation there are at least three viable candidates, one of whom is Roger Henrikkson. Surely Roger understands the unbalance this dynamic brings to the contest. Is his participation, in light of this, a coincidence? Or, is it possible that he is yet again collaborating with his PHX allies? Is Roger Henrikkson a deliberately installed spoiler designed to split the east vote so that Eric Ferguson, the founder of The Army of Leonidas who if you didn’t know are the one’s suing for the implementation of the Nicolau award, walks away with the election?

Once again, DO NOT rely on us to answer those questions. Pick up your phones and go right to the source.

Could you please explain why usapa and the bpr was PRO to eliminate the EVP postion and which this FAILED BY POPULAR VOTE by usapa members?

cleary/usapa and seham in front of federal judges state that its impossible to change a unions CBLs. seham's quote in front of the 9th circuit of appeals.."we just ignore it, we don't enforce it." or words to the effect.

 

[Metroyet]

PHL on Track,
Henrikkson?....You Be The Judge​

Please tell me this slanderous, wrecklessly irresponsible tirade is published somewhere with a usapa reps name attached. Sueing these idiots is like shooting fish in a barrel.

Where is it written that an East base and a West base can't pool their efforts for the benefit of their constituents? Isn't USAPA founded on democratic principles? Isn't this the wondrous new era of "Pilots for Pilots"? By the tone of this little article, it almost seems like some back East are still quite comfortable in denying the West their rights of Fair Representation?

That can't be....that'd be illegal.

 

[aquagreen73s]

PHL on Track,
Henrikkson?....You Be The Judge​

The desperation is palpable. The problem for the angry F/Os is that the number of pilots, both East and West, who want a contract outnumber those who are willing to work at the C scale just to capture a few more upgrades.

 

[cleardirect]

PHL on Track,
Henrikkson?....You Be The Judge​

You know if you are going to make things up at least try and spell the name right.

Roger Henriksson

Man stupidity is a sad thing.

So what outstanding pilot would the no shiz be supporting for EVP that Clear wanted eliminated?

 

[aquagreen73s]

Man stupidity is a sad thing.

Sad maybe at the individual level, but surely dangerous at the mob level.

 

[Freebird]

Got used to that 3 years ago.

LOA 93 and separate ops forever please.

Such a poor mentality. Its no wonder the East is in such dire straits all the time. You guys are a mess. You have nobody to blame but yourselves. Keep lying to yourself however, it makes great entertainment.

USAPA= holding the employees of US Airways hostage for over 2 years.

 

[OTTER574]

Such a poor mentality. Its no wonder the East is in such dire straits all the time. You guys are a mess. You have nobody to blame but yourselves. Keep lying to yourself however, it makes great entertainment.

USAPA= holding the employees of US Airways hostage for over 2 years.

Seems the lcc bod is content with how parker/kirby/isom/eberwein/east pilot ed bular and collusion with usapa are running things.

 

[wings396]

Seems the lcc bod is content with how parker/kirby/isom/eberwein/east pilot ed bular and collusion with usapa are running things.

Keep Fighting guys, UA has came and gone.

 

[nic4us]

PHL on Track,
Henrikkson?....You Be The Judge​

The first observation is that the conduct described above is an egregious violation of Labor Law. What is more disturbing is the fact that Henrikkson was there and is not only said to have been without objection but also was observed discussing his candidacy for EVP.

Or, is it possible that he is yet again collaborating with his PHX allies? Is Roger Henrikkson a deliberately installed spoiler designed to split the east vote so that Eric Ferguson, the founder of The Army of Leonidas who if you didn’t know are the one’s suing for the implementation of the Nicolau award, walks away with the election?

Schnizel, who is the source of the letter?

How is a PHX rep meeting asking those in attendance to consider promoting a West candidate an "egregious violation of labor law"?

 

[nic4us]

Got used to that 3 years ago.

LOA 93 and separate ops forever please.

I am thinking the appropriate compensation in the damages trial would be to take the pay difference between an east pilot and the West pilot one number senior to them, subtract the west pilot's pay from the east pilot's pay and if the result is a positive number, that number gets awarded to the West pilot paid by usapa.

For instance, take Colello's pay, subtract Odell's pay ( which presently equals 0, as he and another 142 are furloughed out of seniority) usapa pays Odell for letting them keep Colello.