Class Action and DFR Filed against USAPA

[captainjack]

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.

Exactly!

The east guys like to play lawyer and always seem a little too certain about their case.

They keep saying the Nic is no longer relevant because it was the old bargaining agent and just a contract proposal. They seem to always conveniently leave out the part that the Transition Agreement specifies the seniority integration would be done via ALPA Merger Policy. The TA's language doesn't change just because there is a new union, though they think it does.

 

[imacdog]

Turtle (or any East guy), I will ask again. Do the USAPA-represented East pilots work under, and hold management accountable to, the CBA signed when ALPA was their union or not?

 

[MK82Man]

Before the thread gets too emotional, pilots out West “are not jumping for joy” now that a lawsuit has been filed. We are not seeking to “hurt” anyone. We are not seeking “unfair” treatment. All we want is the “binding part of binding arbitration” and fair representation from our CBA. We are seeking remedy from the company as well. Since the CBA, USAPA, seeks to implement a date of hire list (as mandated by their constitution), outside of the Nicolau Award, we are at odds with them. Now that the company has announced furloughs, on 1 October (three weeks) pilots at AWA who had jobs at the time of the merger will be put on the street, while new hires stay on out East so that East downgrades can occur. Furthermore, East Coast Furloughees who did not have a job at the time of the merger will remain employed while West Coast pilots will be let go. Even after the 175 West Coast Mainline Furloughs, every East Furlough Recallee gets to keep his job – it is basically unfair.

So we are seeking a review by the court on the merits of our complaint. Since our CBA has not responded on the “fundamental inequality” in the furlough issues, 10% rate for AWA, while East Coast pilots are furloughed at a <4% rate, the issue is now being elevated. The real losers in all of this are all the pilots at the “new” US Airways. USAPA was created by a few, endorsed by a few more (who primarily hated ALPA (perceived actions and inactions) and with hatred towards East Coast management), and let loose to run without much supervision by the average East Pilot.

Everyone at AWA is sorry for the bankruptcies that the East had to endure, sorry that ya’ll lost your pensions (we never had them), but you can’t gain old losses back by putting us on the bottom of the list. That is what the court will decide. What is really tragic is that inadvertently USAPA may have handed management an excuse to implement the Nicolau Award as is … IE if a Federal Court grants the injunction, management is off the hook. USAPA’s ignoring of the West Coast Pilots issues and lack of compromise has put them in this situation. East Coast pilots who could have created a new start and a great new airline by embracing the West at the time of the merger instead will be left wondering what happened. But trying to tell an East Coast US Airways Pilot something is often futile. We will see what the court decides. It’s a real mess and we are all losers in this. Let’s hope it gets over quickly (unlikely) and we get the healing process started as well (also unlikely, but I’m willing to try). Being Furloughed this Fall

 

[Turtle21]

It will be plainly obvious to the Judge exactly what happened and who did it.

He certainly will have a clear understanding.

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.

Who cares about what they know about the law. I wish they would just tell me the secret they have that persuades you to send them money.:laugh:

 

[becket]

USAPA themselves is the secret.

 

[Turtle21]

Turtle (or any East guy), I will ask again. Do the USAPA-represented East pilots work under, and hold management accountable to, the CBA signed when ALPA was their union or not?

Your question suggests that "East Pilots" is the proper defendant. I get that.

The Plaintiff requests an order from the judge to 1) preclude "East Pilots" from negotiating a CBA without Nic, and 2) directing "East Pilots" to negotiate a CBA that implements Nic.

Two questions:

1. Why didn't the plaintiff cite USAPA as the one the judge should order remedy from (USAPA is the only one able to engage in negotiations.)

2. If the plaintiff really believes the Nic is final and binding, why did the plaintiff's request for remedy keep asking for the judge's order to refer to the Nic in the context of negotiations?

 

[gutshotdraw]

When the facts are against you, argue the law.

When the law is against you, argue the facts.

When the law AND the facts are against you, lie, lie, lie.

The law and the facts are against USAPA so......

 

[Lampshade]

Definition of "East Pilots" pg 2 Line 17

“East Pilots” to refer, as individuals and as a group (unless otherwise indicated), to the pilots on the seniority list incorporated into the East CBA;

Defendants: pg 1 line 19

STEVEN H. BRADFORD, PAUL J.
DIORIO, ROBERT A. FREAR, MARK W.
KING, DOUGLAS L. MOWERY, and JOHN
A. STEPHAN, individuals residing outside
Arizona, pilots formerly employed by
US Airways, Inc., and presently employed by
its successor after merger using the same
name, on their own behalf and on behalf of
all persons similarly situated;

 

[Turtle21]

When the facts are against you, argue the law.

When the law is against you, argue the facts.

When the law AND the facts are against you, lie, lie, lie.

The law and the facts are against USAPA so......

If the law and facts are against USAPA then the plaintiff ought not request the judge order the East Pilots (whatever that means) to negotiate to implement the nic. The judge should just order USAPA to impliment Nic now.:beer:

 

[Poahi]

When the facts are against you, argue the law.

When the law is against you, argue the facts.

When the law AND the facts are against you, lie, lie, lie.

The law and the facts are against USAPA so......

The West isn't arguing that USAPA doesn't have the right to exist, they are just saying that they, the USAPA leadership has a duty to represent all pilots in the system and that by circumventing the award and by negotiating with management on a new contract, they are not dealing in good faith with the entire pilot group. This is especially true since the new agreement would conflict with the transition agreement.

On the other hand, since ALPA no longer represents the pilot group, why should ALPA merger policy apply? Shouldn't the new group have its own? If the judge determines the leadership is not fairly representing the pilot group, the new list is gone and there is going to be a big mess. It would be a great idea for the USAPA leadership to reach out West and try to make a deal. If both sides are stubbornly entrenched, this fight is going to last a long, long, long time.

Who is paying for this defense?