Empire pilots suing USAPA!!

[Thebadcat1313]

HA

HA HA

HA HA HA

UMMMMMMMWHHHHHHHOOOOOOOOOHHHHHHHHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA

HEE HEEE HEEEEE HEEEEEE!!!!!!

 

[Ocity]

Why shouldn't they? DOH right? It's a God Given entitlement isn't it? You know, the whole sacred "constitution" and all...

Let's see the Scabish parasite Seham argue both sides of this one....

 

[MCDU]

I do not blame them. Piedmont was not about DOH. When they merged with USAIR Piedmont wanted relative positions since they were hiring like crazy and when they bought Empire ( pilots were not unionized ) they stapled them. Empire pilots did get protections and DOH in case of furlough. Empire merged with Piedmont. USAIR was not involved.

M

 

[Thebadcat1313]

Thanks for the history. That's more than I knew. What's so funny though, is that USAPA says DOH is the cornerstone of the union. Well, only for the AWA guys though. Not you guys who were already here. Hypocrisy at its finest.

 

[Raoul Duke]

not to totally change the subject but I am going to anyway, what ever happened to the gun shooting quick draw mcgraw easthole? Is his arbitration over yet? Also, any update on the case in PHX against USapy

 

[MK82Man]

The hole gets deeper and deeper for the USAPA boys.​

From the filing in the UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF NORTH CAROLINA, CHARLOTTE DIVISION​

A jury trial is demanded.​

INTRODUCTION AND OVERVIEW ​

1. This is a class action according to the Fed. R. Civ. P. 23 by the Plaintiffs to enjoin the Defendants to place the Plaintiffs in their proper place on the USAirways pilot seniority list. Their proper place will recognize their full seniority rights and privileges. Their proper place is according to their date of hire at the USAirways predecessor airlines of Empire Airlines and Eastern Airlines. Their proper place on the list is directly provided for by the US Airline Pilots Association (USAPA) Constitution and By Laws, and by oral contracts and commitments made by the promoters and representatives of USAPA prior to, during and after the representational election of USAPA in April 2008 to be the collective bargaining agent for the USAirways pilots.​

2. The self appointed Officers and self appointed Board of Pilot Representatives of USAPA and committee members are in violation of their own Constitution and By Laws and refuse to fulfill their contracts and commitments.​

3. The USAPA Representatives have passed a resolution that denies the pilots of Empire Airlines and Eastern Airlines their proper date of hire position, that recognizes their full seniority rights and privileges on the seniority list.​

4. The Merger Committee and Negotiation Committee Plaintiffs have constructed the Attachment One Seniority List that they are using in negotiations with USAirways management which does not reflect the rights of the Plaintiffs. The Defendant’s actions are arbitrary, in bad faith and in breach of contract.​

5. The Plaintiffs appeal directly to this Court because this disagreement is based on invidious discrimination and unjustified hostility.​

6. The Plaintiffs therefore, seek relief in the form of an Order by this Court to prevent USAPA from negotiating the seniority list of Attachment One with USAirways management. This seniority list does not reflect the full seniority rights and privileges of the Defendants. The Plaintiffs seek relief in the form of an Order of this Court to USAPA to enforce USAPA to present to the management of USAirways the Attachment Two Seniority List that recognizes the full seniority right and privileges of the Defendants.​

 

[TWA Dude]

Also, any update on the case in PHX against USapy

Oral arguments were heard on Wednesday for the injunction and USAPA/USAir's Motion to Dismiss. The judge will rule when he wants, probably within two weeks.

 

[MK82Man]

FACTS COMMON TO ALL COUNTS ​

42. This is a class action by the Plaintiffs to enjoin the Defendants to place the Plaintiffs in their proper place on the USAirways pilot seniority list. Their proper place would recognize their full seniority rights and privileges. Their proper place is according to their date of hire at the USAirways predecessor airlines of Empire Airlines and Eastern Airlines. Their proper place on the list is directly provided for by the US Airline Pilots Association (USAPA) Constitution and By Laws and by oral contracts and commitments made by the Officers of USAPA prior to, during and after the representational election of USAPA in April 2008 to be the collective bargaining agent for the USAirways pilots.​

43. Empire Airlines merged with Piedmont Airline in February of 1985. Piedmont merged with USAir in August of 1989. USAir subsequently changed the name to USAirways. The Empire pilots were refused their date of hire by the Piedmont pilots but were granted their date of hire for furlough protection. Piedmont Management and subsequently USAir and USAirways management granted date of hire seniority to Empire pilots for the longevity pay, pass privileges and vacation accrual.​

44. Eastern Airlines commenced a northeast shuttle airline in 1961. This shuttle airline underwent numerous name changes; Eastern Shuttle, Trump Shuttle, and USAir Shuttle. The USAir Shuttle was merged into USAirways on 01 July 2001. George Nicolau presided over the arbitration of seniority rights in the dispute between the Shuttle pilots and the USAirways pilots. Mr. Nicolau presented a list that did not recognized date of hire seniority for the shuttle pilots. But again USAirways management recognized the true date of hire of the Eastern Airline Shuttle pilots for longevity pay, pass privileges and vacation accrual.​

45. Mr. Nicolau also presided over the arbitration of seniority rights in the dispute between the USAirways pilots and the America West Airline pilots. Mr. Nicolau presented a list that did not recognize date of hire seniority for the USAirways pilots but favored the younger America West Pilots.​

46. The decision by Mr. Nicolau not to recognize the date of hire seniority list presented by the USAirways pilots in the America West merger lead to the creation of USAPA and their Constitution and By-Laws which has as its cornerstone a date of hire seniority list.​

47. The self appointed USAPA officers and self appointed USAPA Board of Pilots Representatives now seek to overturn Mr. Nicolau in his second arbitration because of his failure to recognize date of hire seniority, but demand that his first award which also did not recognize date of hire seniority be left intact. This is inconsistent.​

 

[MK82Man]

HISTORY OF US AIRLINE PILOTS ASSOCIATION (USAPA)​

53. The US Airline Pilots Association (USAPA) is the collective bargaining agent for the 4,300 pilots of USAirways. USAirways is a combination of American West Airlines (West) and the former USAirways (East). These two companies merged on 27 September 2005.​

54. The two pilots groups then represented by Air Line Pilots Association International (ALPA) combined their seniority lists according to ALPA merger policy. This new seniority list was essentially a list that was determined by slotting pilots on to the list based on their pre-merger position as a Captain or First Officer and the aircraft that they flew. The Arbitrator George Nicolau gave minimum deference to date of hire as a factor in determining the new list.​

55. The East pilots who argued for a straight date of hire seniority list were upset with the new list and petitioned the National Mediation Board for a new representational election to replace ALPA. An election was held and on 18 April 2008 and USAPA was declared the bargaining agent for the pilots of the combined USAirways.​

[FONT=Times New Roman,Times New Roman]56. Prior to and during the election USAPA ran on the issue that date of hire was the only way to determine the new seniority list. And if elected the new bargaining agent, USAPA would ignore the ALPA Nicolau list of American West Airlines and USAirways and present to USAirways management a new list based on date of hire.[/FONT]​

[FONT=Times New Roman,Times New Roman]57. That new list on Attachment One was presented during contract negotiations with the management of USAirways on Tuesday, 25 September 2008. This list was made public on Friday, 03 October 2008. [/FONT]​

[FONT=Times New Roman,Times New Roman]58. The new seniority list of Attachment One recognizes the date of hire seniority favorable to the self appointed USAPA Officers and self appointed Board of Pilot Representatives, the Merger Committee members and the Negotiating Committee members but refuses date of hire seniority to other pilots. [/FONT]​

 

[Guppiedriver]

not to totally change the subject but I am going to anyway, what ever happened to the gun shooting quick draw mcgraw easthole? Is his arbitration over yet? Also, any update on the case in PHX against USapy

I'm not sure, but get his name right, it's Shooter McGavin. I think he and Ricky Bobby are working at the local arcade.