There are many things proclaimed by USAPA which are way off the mark.
The DFR/LOA84 will play itself out over the next 12-18 months, but not on this chat. Your impatience and attention span obviously has trouble handling that timeline. You want it all now. The overwhelming majority of union members demand we play this out. Meanwhile, we’re looking at LOA84 rates in 2010. Language, intent, history, precedence, even ALPA on our side. Prater has a vested interest in this too. If by some fluke we lose, ALPA, which negotiated and co-wrote LOA93, will have major problems ever negotiating concession contracts in the future. Obviously you don’t want us to get LOA84 rates.
Take this board for example: We have a…
Your attacking persons, not issues. No chat creds for that. Your damages offense is falling apart. This is what AWAPPA/AOL hasn’t told you. Not even Wake bought off on counts 1 and 2. He sent them where they belonged, arbitration. Any damages you think you had went out the door with your own failures. We even tried to help you. Funny, no word about our help out of your propaganda machine updates.
CAUSES OF ACTION
COUNT ONE (DEFENDANT US AIRWAYS)
Case 2:08-cv-01633-NVW Document 86 Filed 11/28/2008 Page 18 of 24
Breach of CBA: Furlough Out Of Order
83. Plaintiffs re-allege each and every allegation set forth above as if fully
set forth herein.
(Lines 84-96 restate the losses, furlo timetable. I can post them, but they take up room)
97. One or more Plaintiffs, and other West Pilots similarly situated, will likely suffer a demotion and/or loss of wages, benefits and favorable working conditions because of the West Pilot furloughs planned by Defendant US Airways.
Wake sent that to arbitration. USAPA lost that one. Bummer. There goes damages on furlough out of order, Count 1.
COUNT TWO (DEFENDANT US AIRWAYS)
Breach of CBA): Failure To Negotiate In Good Faith
Judge Wake dismissed US Airways from this complaint and allowed you to make your case in arbitration. USAPA agreed to have this arbitration done with only the neutral voting. USAPA would not have a vote, which would remove any charge of futility/COI. Wake accepted this and removed counts one and two from the Federal docket and let them go to arbitration. 3 days prior to the count two hearing plaintiffs cancelled the arbitration. Arbitrator Bloch ruled that they must reschedule by June 19th or forfeit ever bringing the case again. Plaintiffs did not reschedule and missed the deadline. Counts 1 and 2 were the bulk of damages, if any. Now gone.
Now AOL has a super secret weapon. New “evidence†just uncovered. Hail Mary is to bring in ALPA. They claim that ALPA had a new contract ready to go in early 2008. The East MEC knew about it and was on board with presenting it. This happened months before Kirby’s May proposal. Too bad ALPA never told either NC or MEC. They want to subpoena ALPA 1st VP Paul Rice, Phil Comstock of Wilson Poll and no doubt other assorted ALPA VIPs. They think theyre going to find proof USAPA was in on the conspiracy. Thats a laugher.
Case 2:08-cv-01633-NVW Document 471 Filed 05/19/2009 Page 2 of 3
Additional findings relevant to liability and supported by largely uncontroverted evidence include that - (2) ALPA could have used a trustee to complete negotiation of a tentative single CBA incorporating the Nicolau Award and to present that tentative CBA for ratification
Indeed, in the interests of continuing to expedite the next phase of these proceedings, Plaintiffs seek leave to propound limited, focused subpoenas for documents on non-parties. Plaintiffs have a good faith basis to believe that evidence exists that will support their claims in the next phase, and that such evidence will be used to oppose USAPA’s impending motion for summary judgment. Plaintiffs did not learn about the evidence until late in the trial, notwithstanding the fact that USAPA was aware of relevant information and failed to disclose it.
Specifically, but not exclusively, Plaintiffs have learned of documents that likely directly contradict the testimony of one of USAPA’s key witnesses, Jack Stephen. Plaintiffs intend to direct subpoenas to ALPA and one of its vendors to produce documents that Plaintiffs believe will directly contradict the testimony of Mr. Stephen and other USAPA witnesses concerning what USAPA has referred to as an “impasse of indefinite duration.â€
Plaintiffs respectfully request that this Court allow them to propound their limited, focused discovery as soon as possible to allow them to continue to pursue their claims expeditiously.
Respectfully submitted this 19th day of May, 2009
POLSINELLI SHUGHART PC
ALPA could have put the East MEC into trusteeship and forced a contract without a vote, but they didn’t. What we post here you either don’t read or believe. Hard to tell where all this conspiracy nonsense is coming from. From Harper, wanting to get paid? From AOL not able to pay him? From AWAPPA still pulling the strings and demanding damages, because there sitting on donations? One thing sure, as secretive as ALPA is, if there really was such a conspiracy, theyre not going to let themselves get tied into this mess. They’ve got the deep pockets, not USAPA.
I don’t hold office and cant speak for the BPR, but under the old Arabian proverb “the enemy of my enemy is my friend,†if you think theres a case to be made that ALPA was manipulating behind the scenes, I bet we’d jump in there with you. Bad news is that statute of limitations against ALPA may already be gone. If so, that’s your bad. You guys were so hung up on USAPA, we missed the 800-lb gorilla. As I posted last fall, I never understood why you didn’t add ALPA just for grins. ALPA was the one that stopped negotiations and refused to put East MEC into trusteeship. ALPAs the one that ropa-doped on presenting the NIC and then didn’t follow through. But they were more concerned about losing the property. If thats not a duty to fair representation problem, then what is?
Lill, I’ll argue facts, motives, gottchas all day, but the putdowns, insults, Im not going there. Whats the point?
