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Air Canada Regional vs. ALPA

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JoeMerchant

ASA pilot
Joined
Mar 31, 2005
Posts
6,353
Whereas the pilot employees of Air Canada Jazz are members of ALPA;

And whereas the pilot employees of Air Ontario were members of CALPA which was succeeded by ALPA;

And whereas the pilot employees of Air Ontario (hereinafter referred to as the AOPG) were parties to an arbitration before Arbitrator Picher pursuant to a process mandated by the Constitution of CALPA;

And whereas the pilot employees of Air Canada (hereinafter referred to as the ACPG) were also members of CALPA and were parties to the aforesaid arbitration;

And whereas the ACPG refused to accept the Picher Arbitration Award and thereafter initiated actions to frustrate its acceptance and implementation by the employer;

And whereas the ACPG thereafter and in furtherance to their committment to avoid the consequences of "final and binding" arbitration caused to be formed a rival union and thereafter voted to be represented by the new union referred to as ACPA;

And whereas upon becoming the successor union to CALPA, the President of ALPA extended to the AOPG an express undertaking in writing to support all efforts by the AOPG ; "...to enforce...the seniority arbitration award...";

And whereas with the reasonable expectation of nothing less than the moral support of ALPA, the AOPG initiated a civil action as against the ACPG seeking redress for the wrongs inflicted;

And whereas it has now been disclosed that a subsequent President of ALPA in a craven effort to persuade Air Canada pilots to vote for ALPA as a collective bargaining agent caused to be delivered to the Air Canada pilots a letter in which he stated; "ALPA...{has} never sanctioned, supported or otherwise condoned [this case]....ALPA believes that the Air Ontario pilots' case is completely without legal foundation....The anti-union implications of the plaintiffs' claims are clear; it is clearly against the best interests of ALPA and we will fight it in court.";

And whereas the ACPG caused to be issued a Third Party Claim against ALPA asserting the tenuous claim that they are entitled under the CALPA Constitution to indemnity for any damages awarded against the ACPG in favour of the AOPG

And whereas ALPA has defended the Third Party action but has also filed a Statement of Defence to the Main Action action of the AOPG and has taken an active role in opposing the claim of the AOPG even though no claim has been asserted by the AOPG against ALPA and ALPA is NOT a party to the claim by the AOPG against the ACPG;

And whereas ALPA in the result is using the dues of ALPA members to fund its support of members of a different union in opposition to a claim asserted by ALPA members to uphold the ALPA Constitution;

And whereas we believe that this is at the very least a morally reprehensible expenditure of union funds which cannot be justified and that it represents a departure from core union values and is inconsistent with the duty of ALPA to fairly and properly represent the interests of its members;

NOW THEREFORE BE IT RESOLVED:

1. That the Vancouver Local Executive Council of ALPA adopt the preamble to this Resolution and forthwith communicate to the Master Executive Council the demand that ALPA immediately withdraw its Defence to the Main Action in Ontario Court File No. 97-CV-135179CP;

2. That the Resolution as aforesaid forthwith be copied to all other LEC's of ALPA within Canada and the United States
 
Executive Summary of the Above.

Whereas ALPA, CALPA and whereas Air Canada, and whereas AOPG, and whereas ACPG... blah blah blah... Arbitrator Picher blah.

Pretty intersting stuff nonetheless once you translate it from legalese.
 
ALBUQUERQUE

See....I can do it too.
 
I jumseated on Jazz this summer. Nice guys... Realy old Captains, and realy youn FO's. Make good bank flying 50 seat Dash 8's.
 

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