New Message From USAPAWatch...What's Your Take?

T2Bus

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Quick Facts # 17 Hosted on Unbiased Facts
August 3, 2009

USAPA is “extremely confident in our position on appeal”? What would cause such
confidence given Judge Wake’s background and Wake’s Findings of Facts submitted to
the Ninth Circuit Court of Appeals in this very case?

Was Doug Mowery sounding an alarm for the pilot group that no one heard?



Judge Neil V. Wake’s Bio (some selected key accomplishments)

Bar Admissions

Arizona, 1974
U.S. Court of Appeals 9th Circuit Court, 1975
U.S. District Court of Arizona, 1974
U.S. Supreme Court, 1977

Education

Harvard University Law School, Honors: Magna Cum Laude, 1974

Published Works

Arizona Appellate Handbook (Co-Author) 1980-1991

Source: Thompson Legal Record
http://pview.findlaw.com/view/1690590_1?channel=LP


Selected U.S. District Court’s Finding of Facts written by Judge Wake that he submitted
to the Ninth Circuit Court of Appeals

• USAPA has at various stages misstated law, facts, and procedural history, with frequent
recourse to the “contradiction or confusion . . . produced by a medley of judicial
phrases severed from their environment.” Guaranty Tr. Co. of N.Y. v. York, 326 U.S.
99, 106 (1945) (Frankfurter, J.).
• A jury has already found that USAPA breached its duty of fair representation with
respect to the West Pilots. In short, USAPA violated the duty because it cast aside the
result of an internal seniority arbitration solely to benefit East Pilots at the expense of
West Pilots. USAPA failed to prove that any legitimate union objective motivated its
acts.
• Mr. Bradford, who is beyond the subpoena power of this Court, missed an opportunity
for persuasion when he declined to testify and be cross-examined at trial concerning
motives and pretext in defense of the union he founded and governed.
• Before certification, USAPA repeatedly asserted that a contract was likely to be
presented for ratification soon. [E.g., ex. 100 at 3, 7.]
• Majority opposition does not defeat the duty of fair representation; the duty exists to
restrain the majority. Air Wisconsin, 909 F.2d at 216. USAPA’s argument would allow a
union to punish any disfavored minority by pointing to the majority preference in the
union as long as that majority threatens to obstruct the collective bargaining process, in
this case by hijacking contract ratification.
• In effect, USAPA claims that the East Pilots hold such strong objections to the Nicolau
Award that they always will vote as a bloc against any new CBA with it, enjoying the
self-denial of a single CBA with improved wages and working conditions into perpetuity.
Even if this unbelievable story is believed, it only means that the East Pilots have the
power of self-inflicted harm. It does not mean that the union’s duty of fair representation
falls victim to self-hostage taking.
• Discrimination and bad faith would be permitted as long as a zealous majority of union
members insisted.
• The union’s obligation to federal labor law includes an obligation to stand up to its
membership.
• Before and after its election, USAPA has misled the majority about its power to improve
their seniority prospects at the expense of the West Pilots. The will of the East Pilots
springs from a mistaken understanding of the law and mismanaged expectations. If this is
an impasse, it is one USAPA goaded on.
• USAPA “discriminated” when it adopted a seniority proposal for no reason other than to
advantage the majority East Pilots at the minority West Pilots’ expense.
• USAPA has repeatedly suggested that only the “final product of the bargaining
process” is subject to fair representation claims, citing Air Line Pilots Association
v.O’Neill, 499 U.S. 65, 78 (1991). [E.g., doc. # 36 at 13.] This phrase, carefully plucked
from its context, is too slender a reed to support such an elephantine proposition.

The above bulleted items all came from the Court’s recent “Findings of Fact and Conclusions of
Law and Order”. The full transcript of this important document can be downloaded via this link:
http://www.unbiasedfacts.org/FindingsofFactandLaw.pdf

Every US Airways pilot should read this document, it contains the full detail of Judge Wake’s
conclusions about the application of law in the Addington DFR trial. This document is the very
same document the Appeals Court will use to determine whether, or not, the USAPA appeal has
merit. This is why the US Airways pilots must read this for themselves and determine for
themselves if the Judge got it right. Based on USAPA’s performance over the last year and a
half, it is difficult to believe this highly experienced, well respected, extraordinarily detailed
judge got it wrong.

There will be no new post-bankruptcy contract until all the legal processes are complete. What
are the chances anything good will come of the appeals process? Read the Findings of Fact and
Conclusions of Law and Order to understand what this battle is really about in the terms of the
law that guides the courts and the juries, then decide for yourself how much more self-inflicted
punishment you think is appropriate. No matter how emotionally vested you are in the outcome
of this appeal, you must consider that the law works with the “reasonable man” doctrine. How
would a ‘disinterested’ yet reasonable man interpret the courts findings of fact and conclusions
of law and order? Would the ‘reasonable man’ support judge Wake’s conclusions or USAPA’s?


U.S. Courts of Appeals - Appeals Terminated on the Merits by Circuit Court during the
12-Month Period Ending September 30, 2008 Statistics

The last column in the table shows the percentage of reversals for each Appellate court. The
Ninth Circuit Court of Appeals, the Court that would hear USAPA’s appeal, only hears about
50% of the appeals filed, and, only overturned or remanded 5.4% of the cases it heard in USDOJ
fiscal year 2007, and overturned or remanded 10.0% of the cases it heard in USDOJ fiscal year
2008.

Source: www.uscourts.gov

Source: http://www.uscourts.gov/judbus2008/appendices/B05Sep08.pdf


USAPA Update – July 31, 2009

“We are extremely confident in our position on appeal as supported by case law.”


Former USAPA NAC Chairman and USAPA President Candidate Doug Mowery
Campaign Letter Comment to the Pilot Group – February 2009

“I am concerned that the promised “transparency” of our union has not materialized to the extent
I thought it would. I see an inordinate amount of obsessive behavior over security and leaks.
Communications to you are, at times, misleading through a failure to tell the “whole story”.
Those on the inside know what I am talking about. Those of you on the outside, the line pilots,
do not know what I am talking about because of the actions taken by some to withhold
information from you. I will work to truly make this the transparent union I envisioned when I
voted for USAPA. Strategy, and the like, should be confidential until the proper time, but I am
hearing and seeing issues surrounding the administration of your union that are unnecessarily
kept confidential.”







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T2Bus

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Former USAPA NAC Chairman and USAPA President Candidate Doug Mowery
Campaign Letter Comment to the Pilot Group – February 2009

“I am concerned that the promised “transparency” of our union has not materialized to the extent
I thought it would. I see an inordinate amount of obsessive behavior over security and leaks.
Communications to you are, at times, misleading through a failure to tell the “whole story”.
Those on the inside know what I am talking about. Those of you on the outside, the line pilots,
do not know what I am talking about because of the actions taken by some to withhold
information from you. I will work to truly make this the transparent union I envisioned when I
voted for USAPA. Strategy, and the like, should be confidential until the proper time, but I am
hearing and seeing issues surrounding the administration of your union that are unnecessarily
kept confidential.”
 

MCDU

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Since our last update, Judge Wake has issued his injunctive relief. As this has been covered elsewhere, we will not comment further except to say that USAPA’s appeal will be prosecuted with due diligence.
What we would like to discuss, however, are some of the reasons we find ourselves in the current situation. Throughout history honorable men and women have stood up to fight against injustice. If our forefathers had not done so, we might still be paying tax to England on imported tea.
All of us have lived through the decline of our chosen profession over the last several years. What perpetuated this decline, in our opinion, was the lack of foresight among the various Pilot groups. The me-me-me attitude got us into this mess, and it’s an us-us-us attitude that will get us out. The selfish attitudes and behavior displayed by some — backstabbing their fellow Pilots, then climbing over their ruined careers and claiming them for themselves — is inexcusable. While USAPA has promoted a sharing of the wealth, these other individuals want to grab what they can in a totally anti-Union manner, regardless of the effect it may have on their co-workers.
It is time to stand up and be counted. Spineless and immoral acts can no longer be tolerated. We are all Airline Pilots. We know how to make tough decisions. We are in charge; let’s act like it.
The first Over Cap report was just received by your Reps. Look for a list of offenders behind the glass in the crew room shortly.
Speaking of offenders, if you have not paid your dues/fees, you may find yourself in a very precarious situation before too long. Do not expect any more courtesy calls reminding you of your responsibilities under Section 29 of the CBA. The Company will terminate you if they are informed of your violating this section. PAY UP!!!
Your Reps have received numerous messages concerning the Company’s mention of a possible sale of the E-190s. Without exception, these messages have reinforced our commitment not to use this potential situation to bargain away ANYTHING. Next time you see an E-190 F/O, thank him or her for his/her steadfastness. They truly GET IT!!
Continuing on the thank you theme, another group to thank can be found in the USAPA Yellow Pages. They are the pilots who have volunteered for the many committees that give the support and knowledge to your reps and their fellow Pilots. They do this while flying a full schedule and managing family time. They help their fellow pilots with training, LTD, retirement, safety, scheduling and countless other issues, and they volunteer to do this.
In unity, Doug Burke
Roger Henriksson
John DuBarry
 

Bringupthebird

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The me-me-me attitude got us into this mess, and it’s an us-us-us attitude that will get us out. The selfish attitudes and behavior displayed by some — backstabbing their fellow Pilots, then climbing over their ruined careers and claiming them for themselves — is inexcusable.
Yes, Cleary should be ashamed.

And the vanity plates on the USAPA Tauruses: 14EASTY and IM4DOH are a bit tacky.
 

C Festerpuss

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USAPA Watch and Unfactual Bias.org. Now there are two real objective orgaizations.

Citing the judges resume doesn't do anything much. He's a Federal Judge and that's that.

As to what judge Wake has written well that's all fine and good but the more important is what was not allowed into evidence. Motions in liminie and insturctions to the jury all had pre-determined conclusions attached.

It is not that the better agument won the day it is that the arguments and evidence were tilted in favor of the plaintiffs.

All this evidence will be sifted by the 9th circuit.
 

General Lee

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The funny thing is that all of you EASTIES are a bunch of wheenies, with no "integrity" that Sulley supposedly posseses, and you will all go to heck when this is over, because you know you are trying to pull a fast one. Go Suck it.


Bye Bye---General Lee
 

Prog 2/2

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It is not that the better agument won the day it is that the arguments and evidence were tilted in favor of the plaintiffs.

All this evidence will be sifted by the 9th circuit.
You really, really have no idea how this works, do you?
 

Lampshade

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USAPA Watch and Unfactual Bias.org. Now there are two real objective orgaizations.

Citing the judges resume doesn't do anything much. He's a Federal Judge and that's that.

As to what judge Wake has written well that's all fine and good but the more important is what was not allowed into evidence. Motions in liminie and insturctions to the jury all had pre-determined conclusions attached.

It is not that the better agument won the day it is that the arguments and evidence were tilted in favor of the plaintiffs.

All this evidence will be sifted by the 9th circuit.
Courts of appeals possess only appellate jurisdiction, they do not hold trials. Instead, appeals courts review decisions of trial courts for errors of law. There will be no evidence sifting, a common misunderstanding by most on the east but they won't hear that from there leadership.
 
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vetrider

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As to what judge Wake has written well that's all fine and good but the more important is what was not allowed into evidence. Motions in liminie and insturctions to the jury all had pre-determined conclusions attached.
Well when your so called union is guilty as sin, I'm sure it looks that way. I don't know if you've noticed, but semen's track record is, um, how should I say it? Embarrassing? Abysmal? Horrific?

The guy you are relying on is a dumb********************, sorry.
 
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