Class Action and DFR Filed against USAPA

captairbusbb

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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

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It's about time. Good luck.
 

Turtle21

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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.
 

Turtle21

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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

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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

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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

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

BeCareful!

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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.
 

captainjack

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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".
This Turtle21 is where you are very mistaken. Study some law.

The motions filed are very powerful and compelling. The only response from USAPA was to splice a quote from Jeff Freund into something way out of context.

Seham is probably a little worried this morning. But then again, he encouraged the USAPA to appeal a federal ruling that was dismissed with prejudice.
 

Turtle21

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This Turtle21 is where you are very mistaken.

"East Pilots" is not a legally constituted group that is able to negotiate a contract. If the plaintiff wants to assert the proposition that they are then they will have to provide an address for the judge to send his order to the "East Pilots" so the "East Pilots" can receive the order.

When the plaintiff finds the address for the "East Pilots, inc." let me know. I'll pitch in to pay for the cost of the return receipt, registered mail.
 

PCL_128

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The lawsuit was filed against uSAPa, which is certainly a legal entity. The definition of "East pilots" is provided in the filing, and includes all pilots on the old USAirways seniority list provided in their original CBA. uSAPa can be compelled to negotiate in good faith by a court order. But the most important part of this lawsuit is the request for an injunction to require the furloughing of pilots in the proper order as provided by the Nic list.
 

Turtle21

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The lawsuit was filed against uSAPa, which is certainly a legal entity.
USAPA certainly is a legal entity and is the CBA as acknowledged by the federal government.

That is precisely why it is dubious to request the judge order remedy from a phantom group named as "East Pilots" which 1) has no legal standing to engage and is not engaged in the action requested to be precluded, and 2) has no legal standing to engage in activity necessary to effect or establish the requested relief.

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;
 

PCL_128

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What page is that language found? I don't see it.
 

imacdog

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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".
Afraid to answer my question, for fear of exposing the hypocrisy behind USAPA's rejection of the Nic award?
 

becket

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It will be plainly obvious to the Judge exactly what happened and who did it. Who Cares what you call them. I'm guessing the West's legal team of lawyers might know a bit more about the law than some Chode on the internet acting like a know it all.
 

Turtle21

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Afraid to answer my question, for fear of exposing the hypocrisy behind USAPA's rejection of the Nic award?
Courts decide lawsuits between plaintiffs and defendants. Your question had nothing to do with establishing the legal standing of the plaintiffs and defendants, as argued by the plaintiffs.

It is the plaintiffs burden to convince the court that the plaintiffs and defendants (who would be ordered to make restitution) are extant.
 

TWA Dude

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I'm guessing the West's legal team of lawyers might know a bit more about the law than some Chode on the internet acting like a know it all.
... or even Lee (Rico and Racketeering) Seeham ...
 
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