THERE ARE CURRENTLY
142
AMERICA WEST PILOTS
ON FURLOUGH
"THE COURTROOM DEPUTY: Omitting the caption, we the jury, duly empaneled and sworn in the above-entitled matter, find as follows: On the plaintiff class's claim for breach of duty of fair representation against defendant USAPA, in favor of plaintiffs."
Fellow America West pilots,
Following two full weeks of testimony, evidence, and legal arguments, it took a jury of nine U.S. citizens less than 2 hours to unanimously conclude that USAPA breached its federal duty to fairly represent all 1800 America West pilots by intentionally and maliciously disregarding a final and binding arbitration award. The verdict was read at approximately 1030 am this past Wednesday, May 13th, 2009 to a courtroom filled with America West pilots from every part of our seniority list. Tears of joy and sighs of relief quickly consumed the gallery (and even some of the Leonidas attorneys) after the clerk read the jury's verdict into the record. Please visit www.cactuspilot.org for more information about the case.
Although the remedy and damages have yet to be determined (as of the writing of this email), this verdict is an important moral victory for the America West pilots, and it's significance should not be downplayed. Our pilot group responded to a malicious and underhanded attack on our careers by remaining focused, resolved, and unwavering. Unprecedented AWA unity got us to where we are today, and that same spirit will continue to successfully guide us through this dark period.
Of course, we would definitely not be where we are today without the selfless actions of the Leonidas founders Eric Ferguson and Jeff Koontz, the plaintiffs Don Addington, John Bostic, Mark Burman, AC Iranpour, Roger Velez, and Steve Wargocki, and control group members Patrick O'Neil and Brian Stockdell (we apologize if we missed anybody). We thank these gentlemen and their families for the sacrifices they've made over the past year, fighting an uphill battle to make this verdict a reality for all of us. We would also like to thank Marty Harper and the legal team at Polsinelli Shugart for serving as our staunch legal advocates.
It is important to remember that this legal battle was fought entirely in the free time of those involved with the case, mostly from their kitchen tables, and with money that came in only as a result of aggressive fundraising efforts. Our opponents fought their battle with a steady, reliable stream of dues dollars, from a fully staffed and equipped union office, and with a compliment of volunteers on flight pay loss. USAPA claims that they fought this battle with both of their hands behind their backs; we beg to differ! USAPA definitely had the advantage.
Literally minutes after the verdict was announced, USAPA's Officers launched another "the world's not fair" campaign, this time going so far as to question the integrity of a federal judge and the federal court system. Just in case you're not keeping a tally, over the past two years, we have apparently encountered a senile arbitrator, a flawed merger policy, a biased judge, a tainted jury, and a federal court that disregards federal laws. Quite clearly, USAPA's leaders have begun the process of attempting to disburse blame away from those who are really responsible for failing to deliver on their promises.
Unfortunately, USAPA's current leadership has set a direction for the organization that ensures that the America West pilots will continue to require the assistance of the legal system to protect our interests. There are many areas other than seniority in which USAPA has attempted to disregard our rights:
· The Susie Arbitration - USAPA is attempting to collect dues/fees from PHX/LAS based pilots for a period in which union membership was not available to them. Following an attempt by USAPA to have 4 West pilots terminated for non-payment of dues during that period, the company sustained protests filed by these 4 pilots. USAPA appealed the decision in one of those cases, FO Susie Stegmuller, to an arbitrator. If the arbitrator sustains the company's decision, PHX/LAS pilots will not be liable for dues/fees for the period prior to December 10, 2008.
· The Presidential Election - USAPA deliberately excluded a West pilot from the election ballot, violating that pilot's federal rights as a union member, as well as in violation of other federal statutes. Although USAPA did voluntarily re-run the election, they did so without providing the opportunity for other candidates to run. Another election protest has been filed.
· Constitutional violations - We have documented at least a handful of examples where USAPA violated its own constitution. The most egregious of those violations took place when USAPA adopted an unwritten policy that permits East pilots to vote on changes to the West CBA, and vice-versa.
· Repeated violations of the rights of union members (including our elected representatives) - USAPA has engaged in a number of documented acts to restrict and inhibit the LMRDA rights of West USAPA members, including deliberately restricting communications by duly elected representatives.
It is entirely likely that this trial may not be USAPA's only trip out to Arizona to explain their behavior to a federal judge and jury. We should all be prepared to support additional initiatives as necessary.
We would like to complete this update by once again asking all AWA pilots to consider USAPA membership as a viable option to protect our interests. The most offensive part of USAPA membership - the "date of hire" Constitutional provision - has effectively been neutered by the verdict. USAPA will be our bargaining agent for the foreseeable future, and we must exert our maximum influence on the organization. Expect to see another update about this important topic in the next few days.
In solidarity,
AWAPPA
