USAPA Loses DFR Case!/US pilot thread

[aquagreen73s]

From Leonidas, LLC:

Fellow US Airways Pilots:

What we knew would happen has just happened. A jury of nine Americans - six men and three women - has just returned a verdict finding USAPA responsbile for failing to represent the 1800 America West pilots. "Responsible" in a civl case is the legal equivalent of "guilty" in a criminal case and just as in a criminal case, a unanimous verdict has been reached. Although this is cause for great relief among all West pilots, we find it difficult to celebrate. To us at Leonidas, LLC, this verdict represents the culmination of a tremendous amount of wasted effort and capital to settle an issue that was already settled.

We dare not calculate the cost to all US Airways pilots for what has gone on over the last two years because the number would be astronomical. Now with this jury verdict, the seniority issue has been twice settled. It is time to move on.

We will post an additional update when we receive more information. In the meantime we are one pilot group - East and West.

We would also like to thank our team of attorneys who took our case less than fourteen months ago. This was an uphill battle from day one as DFR cases are notoriously difficult to win. However, they never wavered. Their faith in the West pilot group and their belief in our case are what got us to this day. Every West pilot owes his or her career to Marty Harper, Andy Jacob, Don Stevens, Kelly Flood and Katie Brown. From the bottom of our hearts, we thank the five of you.

 

[autofixer]

No.

 

[Elevation]

I hope people see it that way because it is holding up financially both pilots and FA's. It's time to move on.

 

[cubfan]

Today at the Sandra Day O’Connor federal court house in PHX room 504. A nine member jury found USAPA liable in the Addington case. This is a Duty of Fair Representation law suit.

It has been a long journey to this point. But we now have a final resolution to our arbitrated seniority. We have come to the end of our disagreement.

Many pilots have been waiting for this answer. The time has arrived to set aside our differences and to now join the legal bargaining unit for US Airways. It is time to become a member in good standing in USAPA.

The arbitration award was released over two years ago. Even though some may feel that the west has won. The reality is no one has won anything. In fact we have all lost along the way. That is because we are right back to where we were two years ago. We must put the past behind us and move forward together. Together to get a leading contract. Together to fight management and get the improvements that we all deserve.
We ask you to continue to be the polite professionals that you have been throughout this process.



Xxxx Yyyyyyyy
PHX communications Chairman

thanks nlc

 

[88 B.T.D.]

Must say congratulations to Marty Harper, Andy Jacob, Don Stevens, Kelly Flood and Katie Brown. Maybe they can represent USAPA against US AIRWAYS during the pay grievance coming in Feb.

 

[ItsJustAJob]

I hope people see it that way because it is holding up financially both pilots and FA's. It's time to move on.

The only thing moving on about this case, is that it's "moving on" to the 9th Circuit Court of Appeals. It won't be over for a long time. I'm not holding my breath for a new contract anytime soon.

 

[Metroyet]

The Addington case ended today with the jury deciding that USAPA failed in its duty to fairly represent all of its members. Today’s decision, while disappointing, was not unexpected. Since we were required to argue our case with limited time and evidence and were hamstrung by questionable rulings and incorrect instructions, USAPA, quite literally, fought this battle with both hands tied behind its back. Given the circumstances, we have a hard time accepting the idea that we encountered truly unbiased impartiality. Although this is a setback, we are very confident that the errors of law we encountered in this venue will be corrected.

The 9th Circuit Court of Appeals and, if necessary, the United States Supreme Court, are the appropriate places for the law to be truly vetted. While USAPA would have, of course, preferred to prevail in the current setting (allowing the pilot group to come together and work towards an improved contract), we fully expected and planned for this contingency. Again, given the facts of law, we are very confident of our ability to prevail eventually, in proving the absolute right of a union to bargain over the complete terms of its members’ working agreement. Having so planned, our legal team is already working on an expedited appeal and stay of any proposed injunctive relief.

Please watch your email and the USAPA Web site for further updates, which will come shortly. In the meantime, we urge all pilots to continue to show the utmost professionalism, treating your fellow pilots with courtesy and respect.


My God...does anybody REALLY believe this crap?

How much longer are the Easties going to allow the inmates to run the asylum?

Also, the indication here that USAPA has no intention of pursuing a better contract because of today's ruling is *Yet again* another DFR leveled at the entire pilot group.

 

[UPNAWAY]

Maybe it is time to bring back ALPA and just calim one big DO OVER!

 

[N924PS]

Must say congratulations to Marty Harper, Andy Jacob, Don Stevens, Kelly Flood and Katie Brown. Maybe they can represent USAPA against US AIRWAYS during the pay grievance coming in Feb.[/quote

The final solution has always been at the bargaining table and not in the courtroom.

An arbitrator, two pilot neutrals, and now 9 jurors have spoken.

Time to move on Mr. Cleary, represent ALL USAirways pilots. Time to move on and get a new contract with improvements for 5000 USAirways pilots. Don't waste any more money. If there is any left after the remedy is announced.

 

[lynyrdskynyrd]

The only thing moving on about this case, is that it's "moving on" to the 9th Circuit Court of Appeals. It won't be over for a long time. I'm not holding my breath for a new contract anytime soon.

And when that doesn't work, the supreme court, and when that doesn't work, the supreme-supreme court, and when that doesn't work, the supreme-supreme-preminent-supreme court where usapa will prevail.

Come on, has usapa's legal team been right about anything yet?

 

[Tiger 1050]

Now would be a really good time to sit down and do a deal and get this over with BEFORE any of the attorney's finish paying off the Ferrari's they're buying from the fees on this.

Bob,
The deal was done long ago when Nicolau rendered his decision. That is what this fight has been about. There will be no "deals." The time for negotiation was back during arbitration. Nicolau in fact did offer the east merger committee multiple opportunities to move off of their position. They chose not to. It's the bed they made, and I for one think, they should sleep in it...

 

[Pacemaker]

And after the supreme-supreme-preminent-supreme court still doesn't change the decision the case will go before God who will uphold the guilty verdict and USAPA will promptly publish a statement declaring Him a "senile old man"

 

[EastUS]

The 9th Circuit Court of Appeals and, if necessary, the United States Supreme Court, are the appropriate places for the law to be truly vetted.


My God...does anybody REALLY believe this crap?

Firstly; Congrats to the west's legal team. No one can ever truly know what will come from any jury, and your guys/gals did a great job with your case.

As for "this crap"? = "The 9th Circuit Court of Appeals and, if necessary, the United States Supreme Court, are the appropriate places for the law to be truly vetted." What part of that do you not believe? I'm quite fine with that approach, and, I very strongly suspect, most all of the folks out east are as well.

 

[exB717Flyer]

Thank you. As an east f/a all i can say is. Can we move on now???

If USAPA obeys the judge's orders (whatever they may be) and realizes the appeal will go nowhere then yes, we can move on now. Otherwise, the fight will continue.

 

[Megasnoop]

My God...does anybody REALLY believe this crap?

Great to start any meaningful dialogue, Metro. But what did we expect? After the judges ruling on evidence, not much doubt how this one was going. After first couple days of trial, I didnt see much chance. I even said so on this chat. Now Appeals process. Might go quick, one way or the other. A lot depends on judges remedy.

How much longer are the Easties going to allow the inmates to run the asylum?

By virtue of the latest vote, Cleary Vs "The Goat Man," the solidarity is there to take this on through the appeals. On the upside, if you win the appeal, I think we have to pay for your appeals costs. (well, we ALL pay through our dues/agency fee) Then all you have to do is come up with a 1/2 mil to pay your attorneys.

Also, the indication here that USAPA has no intention of pursuing a better contract because of today's ruling is *Yet again* another DFR leveled at the entire pilot group.

Not sure where that came from. Think the judge will weigh in on that. But one thing we know, getting a majority to pass a single contract with NIC in it is either 6 years away or a 40% pay raise. Meanwhile we bank $70M, maybe even get a pay raise, get all the seats on the next 12 A-330s. That puts me reserve wide-body left seat. Wargocky is just as far out of recall today as he was yesterday. The judge isnt going to rewrite the RLA and I doubt touch the TA.

Still cant get over the judges words, neither can you, Metro:

But as I think about this at times, Mr. Stevens, it seemed to me that if the plaintiff prevails, the remedy is an injunction that orders the union to negotiate for the Nicolau Award. And I can't think of any other remedy. You had mentioned something about ordering -- something about foregoing a ratification vote. And I'm not sure what you are saying. If all you meant to say is that the Court should order that there be no specific individual ratification vote on the Seniority List, no one is contenting that there is any right to that. So I don't think the Court needs to say that. If you are contending that the Court should fashion some kind of injunction that allows the --a final proposed CBA to be voted on somehow without addressing the Seniority List, I have two concerns that you will want to address.
Steve