Class Action and DFR Filed against USAPA

[captairbusbb]

Class Action and DFR filed against usapa.

Not at liberty to give details, but I'm sure somebody will leak details soon on this board.

Watch the usapa funding dwindle real fast to try and defend themselves against this one! Lee Seeham is going to be one rich MF'r.

Caution: Incoming......Fire away boys and girls!

Capt.

 

[PCL_128]

It's about time. Good luck.

 

[Turtle21]

Was It Over When The Germans Bombed Pearl Harbor?

http://www.youtube.com/watch?v=rtP3whUbgZE&feature=related

 

[Turtle21]

http://www.cactuspilot.org/AWA Pilots_Hybrid_Complaint 090408

From the complaint:

FAILURE TO GIVE DUE CONSIDERATION
98. The duty of fair representation required USAPA to give due consideration to the interests of the West Pilots when deciding USAPA Seniority Policy. When the organizers of USAPA drafted a proposed Constitution that included a proposed seniority policy, USAPA did not exist as a CBA and therefore had no representational obligation to anyone.

99. USAPA decided its seniority policy without holding any sort of hearing or procedure that afforded Plaintiffs and other West Pilots an opportunity to present arguments and evidence in favor of their interests. USAPA did not "decide" USAPA seniority policy. The proposed USAPA seniority policy was a portion of the proposed Constitution that was considered in the NMB election. The pilots of USAir, under the provisions implemented by the NMB, established seniority policy when they voted on which Constitution they would constitute under. USAPA did not "decide" or establish its seniority policy. The pilots decided.

100. USAPA, therefore, breached its duty of fair representation. Good luck.

 

[Ocity]

http://www.cactuspilot.org/AWA Pilots_Hybrid_Complaint 090408

From the complaint:

Final and Binding...Good Luck.

 

[Turtle21]

http://www.cactuspilot.org/AWA Pilots_Class Action_Complaint 090408
From complaint number two:

REMEDY SOUGHT
WHEREFORE, the Plaintiffs seek the following relief:


A. An ORDER:

1. Precluding East Pilots from taking any steps toward negotiating a collective bargaining agreement that is inconsistent with fully implementing the Nicolau Award Single Seniority List;

2. Directing East Pilots to make good faith efforts to negotiate a single collective bargaining agreement that fully implements the Nicolau List;

With respect to the first: East Pilots are not a recognized bargaining agent or entity entitled to "negotiating a collective bargaining agreement." Therefore it is a frivolous request of relief to ask the court to preclude them from something they are not entitled or able to do.

With respect to the second: The same applies. It is not possible to direct an unrecognized entity to do something which it has no authority to do.

 

[imacdog]

Are the USAPA-represented East pilots working under the contract negotiated by ALPA, or under no contract at all?

(you can tell what my next question might be)

 

[Turtle21]

Are the USAPA-represented East pilots working under the contract negotiated by ALPA, or under no contract at all?

(you can tell what my next question might be)

The court must first agree that there exists a plaintiff and defendant.

"East Pilots" is not a legally recognized group entitled to take any action of negotiations or act on behalf of anyone, and thus makes for a dubious decision for the plaintiff to name them as "defendant".

 

[Raoul Duke]

I cannot wait to see how this plays out!!! The Eastholes are f*cked

 

[BeCareful!]

Yeah, we probably are....

Dave will soon be all but furlough-proof....something he certainly wasn't back in '05

Congrats to the West! You got the callsign and now you'll get the windfall in job security.