Trail - Day Four
The trial continued with Russ Payne on the stand. He testified, under defense direct exam to the following (remember I am only taking notes on what I think are key points and one person's notes will differ from another person's notes)
New hires are not part of the Class in the class action
The June 2008 furloughs (approx. 175 West/125 East)
Of the approx 300 East recalls from furlough, they were still under the last active pilot on the Nicolau active list
There was pre-merger discontent at West and it was in the form of AWAPA, led by John McIlvenna
National ALPA considered the Nicolau Award to be a problem and formed the Rice Committee
The Rice Committee functioned similar to a mediation.
Wye River - Attendees were from National ALPA, East and West. National ALPA was mainly represented by Prater and attorneys (there may be others)
Wye River lasted a week to a week and a half
The West MEC exercises control over its committees
West never offerred any significant changes to Nicolau
Wye River concluded in Jan 2008
National ALPA did not use all reasonable means to implement Nicolau
National ALPA was trying to get East to conclude negotiations
Has previously heard of unions submitting TA's (tentative agreements) to membership in order to have the membership vote down the TA
Cross-examination by plaintiffs
ALPA did not put East in to trusteeship early, but eventually put the PHL LEC into recievership
Wye River had 10 West pilots present and East had a conceptual proposal that was not formally submitted
Rice Committee met for 2-3 months, 2-3 days at a ttime. West attended and East never made a proposal
The TA laid out how the merger would proceed
No West new hires were brought onboard until all East furloughees were offerred recall
Briefly mentioned (not in any detail at all) the concept of pre-merger and post-merger considerations
Re-Direct by defendants
Only 6-7 East furloughees accepted recall to West
(this concluded the early part of the Defendants' case-in-chief that was done prior to the Plaintiffs' finishing presenting their case-in-chief)
Plaintiffs' witness Al Hemenway (via deposition) (The deposition was apparently noticed by defendant. However the plaintiffs' read excepts of this into the record and it was not actually distinguished when defense counsel concluded his questions and plaintiffs began theirs since it was read into the record as a unified deposition.)
The Kirby Proposal was a comprehensive solution to all open issues (All pilots to West rates and 3% raise, net cost to the company was estimated to be $122 mil)
The Kirby Proposal is still open (I think I heard that correctly)
The company has not breached the TA by not finalizing the Joint CBA
The company accepted the Nicolau list and has met the criteria of the TA
Company stuck in the middle while East and West "jockey"
The company had agreed to accept a seniority list that met certain criteria and they have done so
The company did not file a grievance against ALPA for not forwarding a list quickly
The company expected a 2-3 year integration as of Fall 2005
The company and USAPA are far apart
USAPA and the company remain substantially apart on many sections, including Section 22.
"USAPA contract demands unachievable."
"Out of the realm of achievable"
Only four sections are currently TA'd
Lunch break
Plaintiffs call Afshin Iranpour
Started with AWA in July 2004
Mesa 1995-1999
USAir Nov. 1999- Dec. 2001 (Don't beat me up on USAir name. I don't personally know what the name was in 1999, USAir or US Airways)
Hired by AWA June 2004
Started training July 2004 for A-320
When he was with USAir he estimates upgrade to Capt takes 13 years
At AWA he was told about 7 years to upgrade
Was offered US Airways (East) recall in Nov 2006, he opted to stay with AWA
April 2009, furloughed from AWA
He has no further recall rights from US Airways (East)
At the time of Nicolau he was in the 90th percentile
USAPA list had him very near the bottom 98-99% ?)
If Nicolau had been used he would not have been furloughed
He never received USAPA campaign materials (no West pilot has that testified)
After USAPA was voted in he got mail, a bill
Discussed "final and binding" and that ALPA could not take Nicolau away
Cross-examination
Would not accept recall if it cost an active pilot his job
Discussed ALPA position v. USAPA position
(At this point a major argument broke out between defense counsel Bringle, the witness and the court in front of the jury. It was the worst argument I had ever personally seen in front of a jury in open court. A US Marshall (security) actually came into the back of the courtroom. (Security button pushed by Judge or bailiff?)
Has he accepted East recall he would still be flying.
Plaintiffs rest their case-in-chief
Defense begins
(A Rule 50 motion (directed verdict after plaintiffs' case-in-chief) was not made in open court, however it may have well been made at sidebar.)
Sully called
Started with PSA, has 29 years experience, domiciled in CLT
Familiar with the Nicolau award
Number 274 on both Nicolau and USAPA lists
Chooses to be a senior domestic pilot for quality of life issues (Trips and time at home)
Was "shocked" by Nicolau
He is a USAPA supporter
He considers fair and equitable to produce no windfall
ALPA process flawed
People should keep their word, but the process is flawed
Defendants call Jack Stephan
Currently a PHL Int'l Captain
Never furloughed
Reviewed his MEC experience, including a Chairman
Nicolau Award not unanimous
MEC hired new counsel right after Nicolau (Baptiste & Wilder)
Heard of Nicolau decision on 5/3/07 at 8:25 pm and immediately called a MEC meeting for the following Sunday (1st available date)
Capt. Prater called him soon after Nicolau
Prater was invited to the East meeting
The pace of negotiations had been "sluggish"
Met with the company on 5/9 regarding economic matters
Was unaware of any ALPA National deadline for a CBA
Kirby Proposal - "Woefully inadequate"
Kirby did not think Nicolau would stand as is
5/21/07 ALPA Exec Committee meeting with East, West and 300 pilots
Rice Committee consisted of 12 people, 3-4 would be at each session
Rice Committee offered for discussion a possible proposal with rules and conditions
East was generating profits per quarterly filings
Did not think he got much pay parity support from the West MEC
The Blue Ribbon Committee - Roland Wilder highly encouraged East to pursue that, and that led to Joint MEC meetings on DEN and LAS starting 11/07
Court adjourns. Some housekeeping on Monday and trial resumes Tuesday.
