USAPA: Downfall is coming from within!

[T2Bus]

Who has 10 million dollars? ​

It is estimated that USAPA lawyers will have that much by the time it is over in 2 years of appeals. In two years, we still won't have a contract.

Guys.... wake up and smell the coffee...for your family's well being. The lawyers don't need your money!

 

[T2Bus]

More info and questions from East Pilots:

Unbiased Facts - #14
June 8, 2009

Why does USAPA President Mike Cleary continue to publicly insult the
Honorable Neil Wake prior to the Judge’s ruling in the Addington trial
for injunctive relief and his ruling from the bench in pending class
action damages litigation where USAPA has been found guilty of DFR?

Who USAPA President Mike Cleary.

What Will USAPA’s communications style help or hurt the US Airways to
find a solution to the pilot group’s seniority integration problem?

When May 13 and June 4, 2009.

Why Judge Wake has an impressive background (listed below) and his
published works include the Arizona Appellate Handbook (Co-
Author) from 1980-1991.

How USAPA Communication Updates

Fact #1 USAPA Update – May 13, 2009

“(The court indicated) 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.”


Fact #2 USAPA Update – June 4, 2009

“USAPA President Mike Cleary put out a letter to the pilots yesterday,
wherein he stated, “… (it is) our position that the court effectively pre-
determined the result of the Addington litigation through its improper
exclusion of evidence and faulty jury instructions. As explained in “Why
We Appeal,” the very manner in which the Addington plaintiffs prevailed
in this first step will provide the basis for a reversal by the Ninth Circuit.”


Fact #3 Hon. Neil Vincent Wake Bio

Current Employment Position:

District Judge, since April 30, 2004

Bar Admissions

Arizona, 1974
U.S. Court of Appeals 9th Circuit, 1975
U.S. District Court District of Arizona, 1974
U.S. Supreme Court, 1977
U.S. Tax Court, 1976
Navajo Nation, 1978

Education

Harvard University Law School, Cambridge, Massachusetts, 1974 J.D.,
Doctor of Jurisprudence
Honors: magna cum laude
Law Review: Member, Harvard Civil Rights-Civil Liberties Law Review,
1972 - 1973
Arizona State University, Tempe, Arizona, 1971
B.A., Bachelor of Arts
Honors: With High Distinction

Published Works

Arizona Appellate Handbook (Co-Author) 1980-1991

Honors and Awards

Phi Kapppa Phi
Best lawyers in America, Business Litigation, 1989 – 1990
Fellow of the American Academy of Appellate Lawyers, 1993 – Present

Source: Thompson Legal Record

For more information take a look at FindLaw.com and the Thompson
Legal Record:

http://pview.findlaw.com/view/1690590_1?channel=LP


Question #1 What purpose does it serve for USAPA President Mike Cleary to make
the following statement about Judge Wake’s courtroom? “Given the
circumstances, we have a hard time accepting the idea that we
encountered truly unbiased impartiality (in Judge Wake’s courtroom)?”

Question #2 Why does Cleary continue to publicly make statements like the one on
June 4, 2009 when he said, “(it is) our position that the court effectively
pre-determined the result of the Addington litigation through its improper
exclusion of evidence and faulty jury instructions?”

Conclusion What is the purpose of making statements about the Judge and his court
before he provides an order for injunctive relief and then hears
arguments in the class action trial where USAPA will once again be the
Defendant?


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End of the Unbiased Facts Update for June 8, 2009

Unbiased Facts Article 14, 2009

 

[Speedtape]

Lottery tickets are sold every day, no matter the odds, because, they offer HOPE!

Overturning an Arbitration decision is nearly impossible, unless gross prejudice can be shown. The odds of overturning are near ZERO (0)! You probably have a greater chance of winning a powerball Jackpot!

Sooner or later, the snake oil sales men will lose their following. Even most TV Evangelists have a limited life. If it was my money going into a dry hole, I would want an accounting for every penny.

The real question is: Are you better off today than you were 2 years ago? In 2 more years, will you be better off than today? Go buy a lottery ticket every week; you have a better chance of changing your life IF you should hit!

 

[T2Bus]

Another Suggestion to end the mess:





Op/Ed Hosted by Unbiased Facts
June 12, 2009

We Can Solve This Ourselves



By Guest Writer Vance Osmon


Let me propose a simple three-step solution that may provide a face-saving way
out of our present difficulties:

Many East pilots are fearful that they will be displaced by West pilots transferring
to East domiciles if the Nicolau Award is implemented. Let’s test that theory by
conducting a non-binding and anonymous mock bid sponsored by the Company to
quantify how many pilots (both East and West) actually intend to transfer. Results
of the mock bid may reveal that most East and West pilots have no intention to
vacate their present domicile and would thereby render any fear of displacement
unjustified. If the Company is not interested in conducting a mock bid, let's do it
ourselves.

Establish a mechanism within USAPA that would “meter” the flow of pilots
requesting to transfer to an “acceptable” level for a reasonable period of time, say
one year. Such a mechanism would not be contractually binding on USAPA, or
the Company, but would be established to address any lingering concerns pilots
may have about displacement. Pilots who desire to relocate and agree to the
strictures imposed by the USAPA program would be entitled to receive certain
financial incentives (provided by USAPA, or possibly the Company) to cover a
reasonable amount of the cost of relocation.

Sponsor a “Unity Summit” hosted by USAPA that would bring together union
leadership and the rank-and-file to discuss the needs and concerns of all US
Airways pilots. The goal of the summit would be to adopt an organizational and
negotiating strategy that would unite our pilot group; discussions would be
facilitated by specialists in conflict resolution, ethical behavior, and organizational
development.

It is quite likely that USAPA will fail in its attempt to overturn the results of the
Addington decision and many of the East pilots with whom I speak with have
reluctantly come to this conclusion. They are now focused on the next step in the
process: negotiating an “industry-leading” contract. I believe that USAPA should
abandon its ill-conceived and expensive legal strategy to overturn the Nicolau
Award and turn its attention to the twin goals of negotiating a new contract and to




prepare our pilot group for the next airline merger. Adopting the proposal as stated
above, or developing a reasonable alternative, is, in my opinion, the best way for
USAPA to begin the process of healing old wounds and for charting a course for
our future success.


Regards,


Vance Osmon
PHX Airbus F/O
247072

























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for updates often

 

[Crzipilot]

A 1 year meter? is that like a fence? how 'about a 20 year meter??

A mock bid? pretty much useless....

 

[Bringupthebird]

Is one of the choices in the mock bid "wherever I can (upgrade, hold a line, get weekends off, not get furloughed...)? How can you bid if you don't know what the company's plans are? They're still a little involved in the lives of pilots, believe it or not.

 

[doh]

At least that guy is willing to brainstorm for solutions. You guys need some solutions. Best to all.

 

[captfred]

Vance needs to stick to flying airplanes. Mr Nicholai already provided an inclusive solution with bidding restrictions that have now been lifted by the age 65 retirement change. The airline accepted the new seniority list in Dec 2007 per the sworn deposition given by the VP-Human Resources.

 

[Metrojet]

Another Suggestion to end the mess:





Op/Ed Hosted by Unbiased Facts
June 12, 2009

We Can Solve This Ourselves



By Guest Writer Vance Osmon


Let me propose a simple three-step solution that may provide a face-saving way
out of our present difficulties:

Many East pilots are fearful that they will be displaced by West pilots transferring
to East domiciles if the Nicolau Award is implemented. Let’s test that theory by
conducting a non-binding and anonymous mock bid sponsored by the Company to
quantify how many pilots (both East and West) actually intend to transfer. Results
of the mock bid may reveal that most East and West pilots have no intention to
vacate their present domicile and would thereby render any fear of displacement
unjustified. If the Company is not interested in conducting a mock bid, let's do it
ourselves.

Establish a mechanism within USAPA that would “meter” the flow of pilots
requesting to transfer to an “acceptable” level for a reasonable period of time, say
one year. Such a mechanism would not be contractually binding on USAPA, or
the Company, but would be established to address any lingering concerns pilots
may have about displacement. Pilots who desire to relocate and agree to the
strictures imposed by the USAPA program would be entitled to receive certain
financial incentives (provided by USAPA, or possibly the Company) to cover a
reasonable amount of the cost of relocation.

Sponsor a “Unity Summit” hosted by USAPA that would bring together union
leadership and the rank-and-file to discuss the needs and concerns of all US
Airways pilots. The goal of the summit would be to adopt an organizational and
negotiating strategy that would unite our pilot group; discussions would be
facilitated by specialists in conflict resolution, ethical behavior, and organizational
development.

It is quite likely that USAPA will fail in its attempt to overturn the results of the
Addington decision and many of the East pilots with whom I speak with have
reluctantly come to this conclusion. They are now focused on the next step in the
process: negotiating an “industry-leading” contract. I believe that USAPA should
abandon its ill-conceived and expensive legal strategy to overturn the Nicolau
Award and turn its attention to the twin goals of negotiating a new contract and to




prepare our pilot group for the next airline merger. Adopting the proposal as stated
above, or developing a reasonable alternative, is, in my opinion, the best way for
USAPA to begin the process of healing old wounds and for charting a course for
our future success.


Regards,


Vance Osmon
PHX Airbus F/O
247072


So - you hold a mock bid - and say that you only have a few pilots who want to transfer as of the "mock bid". Then - the company decides in the future to downsize phx or las some more - there goes the mock bid results down the drain!

Is that why the west will not discuss a 10 year fence??? the answer please - YES

Metrojet

 

[TWA Dude]

Is that why the west will not discuss a 10 year fence??? the answer please - YES

If Nicolau thought a ten year fence was warrented he would've ordered one. That's why we won't discuss it.

 

[T2Bus]

At least that guy is willing to brainstorm for solutions. You guys need some solutions. Best to all.

DOH is right, we have to think outside of the box to fix this problem.

 

[TWA Dude]

I have an "outside of the box" idea: how about the people who created the problem fix the problem?

 

[jonjuan]

I have an "outside of the box" idea: how about the people who created the problem fix the problem?

Who created the seniority system?

 

[FDJ2]

The solution is to implement the Nicolau award by a date certain with or without a JCBA. Thuggery should not be rewarded.

 

[PCL_128]

Another ounce of false information. No union wants to deal with usapa? hmmm....interesting...

CAPA is a trade association comprised of over 28,000 professional pilots. CAPA's purpose is to address safety, security, legislative and regulatory issues affecting the professional flight deck crew member on matters of common interest to the individual member unions. The five members of CAPA are:

Union​

Airline ​

Allied Pilots Association (APA)
American
Independent Pilots Association (IPA)
UPS
Southwest Airlines Pilots Association (SWAPA)
Southwest
Teamsters Local 1224
ABX Air
US Airline Pilots Association (USAPA)
US Airways

Are you aware that the CAPA BOD debated for months upon months on whether to allow USAPA access because of the belief that USAPA existed for the sole purpose of raping the West pilots of their seniority? It was not an easy sell, and the BOD only made their decision when it became all too clear that CAPA was losing one of its member unions (NPA) to ALPA.

CAPA is struggling to survive. The APA provides an overwhelming majority of their funding because the other member unions simply can't afford it. In the past decade they have lost FPA, IACP, and NPA. IBT 1224 is hanging on by a thread. They needed someone to fill the void, and USAPA was the only group available. In the end, the CAPA BOD held their noses and let the stink that is USAPA join their little country club simply out of necessity. I wouldn't take it as a sign of support if I were you. No one outside of your little East bubble has any support for your immoral and unethical cause.

At least ALPA is gone.

Yeah, how's that going for them?