Frank Lorenzo had an excuse, he was management

[Turtle21]

The PHL pilots elected and desire to maintain the representatives that they have. Prater and the pals at ALPA are disregarding the right of the PHL reps to have elected representatives.

In CLT the members have demanded a reall their reps and the CLT reps, with Prater's evident support refuse to allow the members of CLT to have a vote on the recall.

ALPA did the same thing to the pilots of American before they formed APA. Apparently Prater doesn't read history.

VIA ELECTRONIC MAIL

Captain Eric A. Rowe
Chairman and
Captain Representative
Local Council 41
Air Line Pilots Association
Evans Mountain Road
PO Box 298
Strafford, NH 03884
[email protected]


Captain David E. Ciabattoni
Vice Chairman and
First Officer Representative
Local Council 41
Air Line Pilots Association
403 Scott Lane
Wallingford, PA 19086
[email protected]


Captain James P. Portale
Secretary-Treasurer
Local Council 41
Air Line Pilots Association
11 Bluebeard Dr
Waretown, NJ 08758
[email protected]


NOTICE OF CHARGES AND
OF EXECUTIVE COUNCIL MEETING TO CONSIDER CHARGES
PURSUANT TO ARTICLE XIX, SECTION 1.D
In accordance with Article XIX, Section 1.D of the ALPA Constitution and By-Laws, I hereby
notify you of the charges set forth below. I also notify you that I have proposed an emergency
trusteeship of Local Council 41 to take effect immediately upon approval by the ALPA
Executive Council. The ALPA Executive Council will meet to decide whether to approve the
proposed emergency corrective action on March 3, 2008, at 1100 Eastern Standard Time. The
meeting will be held in the Association’s offices in Washington, D.C.


1

The charges and the basis for the proposed emergency trusteeship are as follows:

Captains Rowe and Ciabattoni are each officers and status representatives of ALPA Local
Council 41, as well as members of the ALPA US Airways MEC and members of the ALPA
Board of Directors. Captain Portale is also an officer of ALPA Local Council 41. In those
positions, each owes a duty of loyalty to ALPA, including the duty to declare his full support for
ALPA in the context of an NMB representation election resulting from an organizing drive by a
rival labor organization, and the duty to lend no support to that other organization.

USAPA has challenged the Association’s representation rights at US Airways. The voting
period for an NMB representation election begins on March 20. The impending NMB
representation election makes it critical that each Local Council 41 officer now declare his
support for the continuation of ALPA’s status as pilot bargaining representative, oppose the
USAPA effort, provide no support to the USAPA effort, and urge the members of Local Council
41 to vote for ALPA in the NMB representation election.

In addition to the failure of all of the Local Council 41 officers to declare support for ALPA, and
their joint communications reflecting a pattern of support for USAPA, on February 27, 2008,
Captains Rowe and Ciabattoni each further showed his support for USAPA by attempting to
recruit a HIMS liaison for the Association to perform the same services for USAPA. This
discussion with the HIMS liaison concerning work for USAPA took place while they were
speaking to him in their capacity as LEC officers and ALPA representatives.

Captains Rowe and Ciabattoni have stated that they do not “work for USAPA,” but they have not
denied that they are providing support and assistance to USAPA, nor have they repudiated their
prior communications reflecting a pattern of support. Likewise, none of the three Local Council
41 officers has declared that he supports ALPA in the representation election and would urge
Local Council 41 members to vote for ALPA in the representation election.

It is my determination that, by their actions on behalf of a rival labor organization and their
continuing failure to provide necessary support for ALPA in the face of an impending NMB
representation election between the Association and the rival organization, the Local Council 41
officers have violated and failed to comply with their obligations to ALPA as representatives,
officers, and directors under the Constitution and By-Laws and Association policies, and
exposed the Association to detrimental consequences by engaging in a substantial failure to
perform significant legal or representational duties of a bargaining representative. In short, they
have betrayed their obligations to ALPA and, in doing so, have jeopardized ALPA’s continued
existence at US Airways.

Based on these facts and circumstances, I have determined that emergency corrective action is
necessary and appropriate in the face of the impending NMB representation election.

At this time, it is imperative that each Local Council 41 officer clearly and unequivocally, in
writing, declare his support for ALPA and opposition to USAPA in the NMB representation
election and urge all Local Council 41 pilots to cast their votes for ALPA. If they cannot do so,
they should resign their ALPA positions.

2


Therefore, each Local Council 41 officer is requested to state, in writing, his support for ALPA
in the representation election, his opposition to USAPA, and his commitment to urge Local
Council 41 pilots to vote for ALPA, and to send a copy of that statement to Captain Bill Couette,
ALPA Vice President−Administration/Secretary ([email protected]) no later than 1700 EST
on Sunday, March 2, 2008. The Executive Council will review such response in connection with
its meeting on this issue.

As required by Article XIX, Section 1.D of the ALPA Constitution and By-Laws, if the
Executive Council approves the proposed emergency corrective action, the officers of Local
Council 41 will be afforded a full and fair hearing before the ALPA Executive Board. Such
hearing will be scheduled for a date to be determined, within the time limits set forth in Article
XIX, Section 1.D, and they will receive advance notice of the hearing’s date, time, and location.

While the ALPA Constitution and By-Laws do not require the Executive Council to provide a
hearing or other opportunity for appearance before acting on the proposed emergency corrective
action, the Local Council 41 officers may, if they choose, attend the Executive Council meeting
and make a presentation commencing at 1400 hours on March 3, 2008, not to exceed a total of
thirty (30) minutes. If the Local Council 41 officers intend to make a presentation to the
Executive Council, they should notify Captain Bill Couette, Vice President−Administration/
Secretary, by e-mail no later than 1700 EST on Sunday, March 2, of their intention to do so.


Yours truly,

Captain John Prater
President

cc: AAA MEC and AAA LEC Officers
National Officers
Executive Council
Executive Board
Executive Administrator

 

[grog_sit_reserv]

Prater: "Let's see, I bet if I poke this hornets nest one more time that will get rid of 'em."

I'm voting ALPA, but only because USAPA wants me to be furloughed. If it was real representation, I'd probably get rid of them, but as it stands I have to vote for this incompetent bunch.

 

[PCL_128]

The PHL pilots elected and desire to maintain the representatives that they have. Prater and the pals at ALPA are disregarding the right of the PHL reps to have elected representatives.

Representatives of the Association have certain obligations and responsibilities to the Association. They are not allowed to act contrary to the interests of the Association and the profession. While the pilots of Council 41 have elected these representatives, that doesn't give the reps free reign to engage in any activities that they choose. Activities that violate their responsibilities are unacceptable, and there are consequences. The pilots will have an opportunity to elect new officers if the EC chooses to take the action that Prater has recommended. Trusteeship is a temporary condition to correct a bad situation. It is not permanent, and the pilots will have their opportunity to elect new officers.

In CLT the members have demanded a reall their reps and the CLT reps, with Prater's evident support refuse to allow the members of CLT to have a vote on the recall.

Captain Prater doesn't make the decision about recall votes. The documentation supporting a recall must be sent to the VP-Admin, Captain Bill Couette. As long as the documentation is compliant with the Bylaws, he has no choice but to go ahead with a recall vote. Evidently, the CLT members have not complied with the requirements for a recall as set in the Constitution & Bylaws. Maybe you and the rest of the East pilots should review this document, as you appear to be completely unfamiliar with it.

 

[Turtle21]

What a pity. Really.. its a shame.

 

[PCL_128]

What a pity. Really.. its a shame.

Yes, it really is a shame that the East pilots are so short-sighted and selfish.

 

[Turtle21]

Evidently, the CLT members have not complied with the requirements for a recall as set in the Constitution & Bylaws. Maybe you and the rest of the East pilots should review this document, as you appear to be completely unfamiliar with it.

Your presumption that ALPA has not made the mistake but that pilots have is telling. ALPA is wholly opposed to pilots voting on their future--apparently it doesn't pay as well that way.

Even if the pilots have made an error in the technicalities (how would you know unless you are part of ALPA and have responsibility to receive the paper work) it is ALPA's responsibility to provide representation to the pilots, not to obstruct the pilots in their democratically expressed desires.

ALPA has obfuscated the process and refuses to even clarify something as simple as the exact number of pilot members in the CLT council.

ALPA is a disgrace to the idea of elected representation.

 

[PCL_128]

Your presumption that ALPA has not made the mistake but that pilots have is telling. ALPA is wholly opposed to pilots voting on their future--apparently it doesn't pay as well that way.

I know Captain Couette well. If the pilots of the CLT council had complied with the Bylaws, then there isn't a chance in hell that he'd disregard his responsibility to issue the recall ballots.

Even if the pilots have made an error in the technicalities (how would you know unless you are part of ALPA and have responsibility to receive the paper work) it is ALPA's responsibility to provide representation to the pilots, not to obstruct the pilots in their democratically expressed desires.

If they haven't complied with the Bylaws, then they haven't democratically expressed their desires.

ALPA has obfuscated the process and refuses to even clarify something as simple as the exact number of pilot members in the CLT council.

The Secretary-Treasurer of the CLT council receives an official roster of the CLT membership every single month. In addition, if the membership follows the Bylaws and correctly applies for a recall election, then an official roster will be issued with the ballots to show who is eligible to vote.

ALPA is a disgrace to the idea of elected representation.

ALPA is following the democratic processes as outlined in the Constitution & Bylaws that it it is legally required to adhere to. Any divergence from these Bylaws is illegal. You may find it more convenient to your goals to ignore these democratic processes, but that's not how it works. The Bylaws are there to protect the membership.

 

[Turtle21]

... ALPA is following the democratic processes as outlined in the Constitution & Bylaws that it it is legally required to adhere to. Any divergence from these Bylaws is illegal. You may find it more convenient to your goals to ignore these democratic processes, but that's not how it works. The Bylaws are there to protect the membership.

So you are close enough to the paper work to know the legal submissions..

The membership will vote on April 17 about ALPA's ability to provide "protection".

Prater and his pals deciding to remove the elected reps from the largest base in USAir is pushing fence sitters off the fence and out of the ALPA "protecting" arms.:beer:

 

[PCL_128]

So you are close enough to the paper work to know the legal submissions..

The members that submitted the documentation have their original documents. If they believe that their documentation was sufficient per the Bylaws and their requests are being ignored, then they have a legal claim that they can take to court. But since they aren't doing that, I suspect that they either know that their documentation wasn't sufficient, or they really don't know what is required of a recall effort in the first place. Based on the level of ignorance displayed by the average uSAPa supporter, I'm guessing it's the latter.

 

[Turtle21]

I'm guessing it's the latter.

You're doing a lot of guessing. And you seem to be very comfortable with the number of dues paying members that have to sue their own "protectors".

ALPA has a long history of denying pilots a democratic process. The planned removal of the PHL reps is just another in the long list.

Prater is in danger of appearing vindictive now and isn't doing ALPA any favors.