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Nicolau Award

Captzaahlie

My kind of FOD!
Joined
Dec 29, 2004
Posts
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18k ?
Not trying to be an @ss here but this looks pretty black and white to me:

USAPA Update
July 18, 2009

Item One: Yesterday evening the Arizona District Court issued injunctive relief, which was limited to the following:

Defendant US Airline Pilots Association and its officers, committees, representatives, agents, and all persons in active concert and participation with them are permanently enjoined and ordered to:

A. Immediately, and in good faith, make all reasonable efforts to negotiate and implement a single collective bargaining agreement with US Airways that will implement the Nicolau Award seniority proposal unmodified, according to its terms;

B. Make all reasonable efforts to support and defend the seniority rights provided by or arising from the Nicolau Award in negotiations with US Airways; and

C. Not negotiate for separate collective bargaining agreements for the separate pilot groups, but rather negotiate for a single collective bargaining agreement for both pilot groups that incorporates the Nicolau Award. This injunction does not restrain USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent with the previous sentence.

By limiting the language in this fashion, the Court rejected the following additional remedial relief sought by the plaintiffs in the Addington litigation:

1. An Order directing the Airline to begin using the Nicolau Award for promotions and furloughs by a date certain, even if a single CBA is not yet finalized; and

2. An Order enjoining USAPA and East Pilots, until the single CBA implementing the Nicolau Award is in effect, from filing or asserting grievances related to recalling furloughed West Pilots or assigning West Pilots to East aircraft.

The Court’s rejection of this additional relief requested by plaintiffs demonstrates the Court’s recognition of the requirement under the Transition Agreement that during the period of separate operations, separate seniority lists will govern. Thus, the Court has rejected the notion advanced by plaintiffs that furloughs and promotions be administered in accordance with the Nicolau list during the period of separate operations.

The plaintiffs had also requested a declaratory judgment from the Court that the Airline and its pilots, as represented by USAPA, are contractually bound to incorporate the Nicolau Award, unmodified by added conditions or restrictions, into Section 22 of the single CBA. As indicated by the injunction issued today, the Court rejected plaintiffs’ request for declaratory relief. Thus, under the terms of the injunction, the Nicolau list will have no application on operations until a single CBA is reached and ratified by the membership.

USAPA anticipates filing its Notice of Appeal with the Ninth Circuit Court of Appeals next week. The appeal will not involve any additional discovery (e.g., depositions, documents requests, etc.). Rather, the appeal will consist of a briefing schedule set by the Ninth Circuit and followed, in most cases, by oral argument. USAPA also intends to file a motion with the Ninth Circuit to expedite the appeal. Further communication will be provided next week with an update and additional analysis of the appellate process.

Item Two: The Negotiating Advisory Committee issued an update yesterday thanking pilots for your overwhelming demonstration of solidarity during our negotiations with the Company this week. Your display of unity did not go unnoticed, and today the NAC is asking that you again act in unison by returning your badge backers to blue and awaiting the next call to demonstrate our cohesiveness.

Item Three: The Ballot Certification Committee issued an update yesterday reminding pilots that polls for the CLT, LGA and DCA domicile elections will close in four days, at 2:00 pm ET on Wednesday, July 22. Disappointingly, as of yesterday, the Committee reports that voter turnout in this election has been extremely low.

Our union was founded on democratic principles. We urge you to take five minutes and vote; don’t let others determine the direction of your union.

To vote, go to www.ballotpoint.com/USAPA and enter the same VIN and PIN you’ve used in previous elections. Please contact the Ballot Certification Committee via email at ballot@usairlinepilots.org or by telephone at (704) 936-4576 or (877) 332-3342 x4576 if you need assistance.

The following items are repeated from a previous update:

Item Four: The R&I Committee would like to remind you that July 17th was the start date for the new investment lineup in your Retirement Savings Plan. Although you should have already received a detailed description, you may also review your options by visiting the R&I Library on the USAPA Web site. The link to the "New investment lineup for your DC Plan" can be found in top right section of that page. No action is required on your part. However, now would be a great time to review your 401k and Retirement Savings Plan to make the changes that make sense for you. Contact your R&I Committee to answer any and all questions.

Item Five: The House of Representatives passed H.R. 912, its version of the Flight Crew Technical Corrections Act, on February 9, 2009. The Senate version, bill number S. 1422, was brought forth to the Senate floor on July 9th. The purpose of this Act is to amend the Family Medical Leave Act (FMLA) of 1993 to clarify the eligibility requirements with respect to airline flight crews. If successful, this would make FMLA leave accessible to the entire pilot group — not just blockholders.

Please take a few minutes to contact the senators from your respective states and request that they support the bill by co-sponsoring S. 1422, The Flight Crew Technical Corrections Act. You can locate your senator and his or her contact information here: http://www.senate.gov/general/contact_information/senators_cfm.cfm.

Item Six: The "Questions, Answers and Rumors" section of the Web site contains a substantial amount of recently-added information, including answers on USAPA member liability, bargaining positions with regard to minimum fleet and sick bank, representation, dues calculation, Agency Shop and the grievance regarding pay rates. This section will be updated routinely, and pilots are encouraged to check this section anytime they have a question or hear something out on the line.

Item Seven: The Air Force is offering a Rated Officer Recall Program for retired Active and Reserve Pilots to return to active duty. Please consult the R&I Library on the USAPA Web site for details and applications.

Item Eight: Aware of the suffering of our 190 pilots, in particular our 190 First Officers, we have created a new section on the USAPA Web site as a place to post offers of benevolence from fellow pilots and others that may help our fellow pilots in their time of need. Please check the "E190 Benevolence" section for offers of assistance, and please consider what benefit or service you may be able to offer one of your fellow pilots; it will be greatly appreciated.

Item Nine: Be sure to regularly check the USAPA Datebook, a calendar of upcoming USAPA meetings and special dates, on the Web site. You can access and bookmark this page at www.usairlinepilots.org/datebook.

Item Ten: USAPA has published a version of the Yellow Pages configured for SmartPhones. Please go to www.usairlinepilots.org/contacts to access it.

Item Eleven: Keeping our 227 furloughed pilots in mind, we remind you of the words spoken by President Obama during his inaugural speech: "It is ... the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours."

As you consider your level of motivation, we ask you to remember that Doug is the highest paid passenger airline executive in the United States, making $11.34 million last year. He will make $15 million this year, while US Airways pilots make nearly the least in the industry and while US Airways languishes in every consumer performance poll.

Fly safely, Act Your Wage and be a Good Union Pilot.





USAPA Communications | US Airline Pilots Association
Office: 877-332-3342 | Phone Message: 877-332-3350 | USAirlinePilots.org
 

Captzaahlie

My kind of FOD!
Joined
Dec 29, 2004
Posts
1,564
Total Time
18k ?
Maybe we can all get on with our lives now??
 

weasel_lips

Well-known member
Joined
Jan 21, 2006
Posts
474
Total Time
8500
DUDE.....

It is really necessary to start another east bashing thread?
It is overkill at this point.
 

Question4U

Well-known member
Joined
Sep 30, 2003
Posts
112
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some
All of us furloughed guys just have to sit here and wait for them to move on so we can go back to work. We will be sitting a long time that for sure.
 

d.fitz

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Joined
Feb 24, 2003
Posts
350
Total Time
7000
DUDE.....

It is really necessary to start another east bashing thread?
It is overkill at this point.

Yeah, I think it's necessary. It shows that the East LOST! Justice is prevailing (at least in theory).
 

Lampshade

Well-known member
Joined
Feb 3, 2002
Posts
485
Total Time
8000
Sad thing is a new contract would bring all furloughed guys back and give the easties a 25% raise but the they won't do it for spite. The Nic is the list and they just won't accept it. Sad group of bitter aviators.
 

formerdal

Well-known member
Joined
May 30, 2003
Posts
82
Total Time
lots
Sad thing is a new contract would bring all furloughed guys back and give the easties a 25% raise but the they won't do it for spite.
The company may have offered that once, I'm sure it wouldn't today in this environment. Its gonna take a new merger or splitting up of the two sides again to settle this, or going out of business...the East will never vote in favor of a contract with the NIC attached in its present form.

IMHO...don't have a dog in this fight
 

greyskyracer

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Joined
May 7, 2007
Posts
260
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-4
Sad thing is a new contract would bring all furloughed guys back and give the easties a 25% raise but the they won't do it for spite. The Nic is the list and they just won't accept it. Sad group of bitter aviators.


how would it bring back the furloghies?
 

Lampshade

Well-known member
Joined
Feb 3, 2002
Posts
485
Total Time
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Sad thing is a new contract would bring all furloughed guys back and give the easties a 25% raise but the they won't do it for spite.
The company may have offered that once, I'm sure it wouldn't today in this environment. Its gonna take a new merger or splitting up of the two sides again to settle this, or going out of business...the East will never vote in favor of a contract with the NIC attached in its present form.

IMHO...don't have a dog in this fight

The company opening proposal is still on the table (17% raise east, 3%west) which was stated in court on 7/16/09. In a new merger Nic goes with it(per the injunction) and splitting up keeps being said over and over by the easties but it makes no business sense. For someone who doen't have a dog in the fight you sure have all the east talking points down.
 

Browntothebone

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Joined
Feb 16, 2002
Posts
743
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-
Not trying to be an @ss here but this looks pretty black and white to me:

USAPA Update
July 18, 2009

Item One: Yesterday evening the Arizona District Court issued injunctive relief, which was limited to the following:

Defendant US Airline Pilots Association and its officers, committees, representatives, agents, and all persons in active concert and participation with them are permanently enjoined and ordered to:

A. Immediately, and in good faith, make all reasonable efforts to negotiate and implement a single collective bargaining agreement with US Airways that will implement the Nicolau Award seniority proposal unmodified, according to its terms;

B. Make all reasonable efforts to support and defend the seniority rights provided by or arising from the Nicolau Award in negotiations with US Airways; and

C. Not negotiate for separate collective bargaining agreements for the separate pilot groups, but rather negotiate for a single collective bargaining agreement for both pilot groups that incorporates the Nicolau Award. This injunction does not restrain USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent with the previous sentence.

By limiting the language in this fashion, the Court rejected the following additional remedial relief sought by the plaintiffs in the Addington litigation:

1. An Order directing the Airline to begin using the Nicolau Award for promotions and furloughs by a date certain, even if a single CBA is not yet finalized; and

2. An Order enjoining USAPA and East Pilots, until the single CBA implementing the Nicolau Award is in effect, from filing or asserting grievances related to recalling furloughed West Pilots or assigning West Pilots to East aircraft.

The Court’s rejection of this additional relief requested by plaintiffs demonstrates the Court’s recognition of the requirement under the Transition Agreement that during the period of separate operations, separate seniority lists will govern. Thus, the Court has rejected the notion advanced by plaintiffs that furloughs and promotions be administered in accordance with the Nicolau list during the period of separate operations.

The plaintiffs had also requested a declaratory judgment from the Court that the Airline and its pilots, as represented by USAPA, are contractually bound to incorporate the Nicolau Award, unmodified by added conditions or restrictions, into Section 22 of the single CBA. As indicated by the injunction issued today, the Court rejected plaintiffs’ request for declaratory relief. Thus, under the terms of the injunction, the Nicolau list will have no application on operations until a single CBA is reached and ratified by the membership.

USAPA anticipates filing its Notice of Appeal with the Ninth Circuit Court of Appeals next week. The appeal will not involve any additional discovery (e.g., depositions, documents requests, etc.). Rather, the appeal will consist of a briefing schedule set by the Ninth Circuit and followed, in most cases, by oral argument. USAPA also intends to file a motion with the Ninth Circuit to expedite the appeal. Further communication will be provided next week with an update and additional analysis of the appellate process.

Item Two: The Negotiating Advisory Committee issued an update yesterday thanking pilots for your overwhelming demonstration of solidarity during our negotiations with the Company this week. Your display of unity did not go unnoticed, and today the NAC is asking that you again act in unison by returning your badge backers to blue and awaiting the next call to demonstrate our cohesiveness.

Item Three: The Ballot Certification Committee issued an update yesterday reminding pilots that polls for the CLT, LGA and DCA domicile elections will close in four days, at 2:00 pm ET on Wednesday, July 22. Disappointingly, as of yesterday, the Committee reports that voter turnout in this election has been extremely low.

Our union was founded on democratic principles. We urge you to take five minutes and vote; don’t let others determine the direction of your union.

To vote, go to www.ballotpoint.com/USAPA and enter the same VIN and PIN you’ve used in previous elections. Please contact the Ballot Certification Committee via email at ballot@usairlinepilots.org or by telephone at (704) 936-4576 or (877) 332-3342 x4576 if you need assistance.

The following items are repeated from a previous update:

Item Four: The R&I Committee would like to remind you that July 17th was the start date for the new investment lineup in your Retirement Savings Plan. Although you should have already received a detailed description, you may also review your options by visiting the R&I Library on the USAPA Web site. The link to the "New investment lineup for your DC Plan" can be found in top right section of that page. No action is required on your part. However, now would be a great time to review your 401k and Retirement Savings Plan to make the changes that make sense for you. Contact your R&I Committee to answer any and all questions.

Item Five: The House of Representatives passed H.R. 912, its version of the Flight Crew Technical Corrections Act, on February 9, 2009. The Senate version, bill number S. 1422, was brought forth to the Senate floor on July 9th. The purpose of this Act is to amend the Family Medical Leave Act (FMLA) of 1993 to clarify the eligibility requirements with respect to airline flight crews. If successful, this would make FMLA leave accessible to the entire pilot group — not just blockholders.

Please take a few minutes to contact the senators from your respective states and request that they support the bill by co-sponsoring S. 1422, The Flight Crew Technical Corrections Act. You can locate your senator and his or her contact information here: http://www.senate.gov/general/contact_information/senators_cfm.cfm.

Item Six: The "Questions, Answers and Rumors" section of the Web site contains a substantial amount of recently-added information, including answers on USAPA member liability, bargaining positions with regard to minimum fleet and sick bank, representation, dues calculation, Agency Shop and the grievance regarding pay rates. This section will be updated routinely, and pilots are encouraged to check this section anytime they have a question or hear something out on the line.

Item Seven: The Air Force is offering a Rated Officer Recall Program for retired Active and Reserve Pilots to return to active duty. Please consult the R&I Library on the USAPA Web site for details and applications.

Item Eight: Aware of the suffering of our 190 pilots, in particular our 190 First Officers, we have created a new section on the USAPA Web site as a place to post offers of benevolence from fellow pilots and others that may help our fellow pilots in their time of need. Please check the "E190 Benevolence" section for offers of assistance, and please consider what benefit or service you may be able to offer one of your fellow pilots; it will be greatly appreciated.

Item Nine: Be sure to regularly check the USAPA Datebook, a calendar of upcoming USAPA meetings and special dates, on the Web site. You can access and bookmark this page at www.usairlinepilots.org/datebook.

Item Ten: USAPA has published a version of the Yellow Pages configured for SmartPhones. Please go to www.usairlinepilots.org/contacts to access it.

Item Eleven: Keeping our 227 furloughed pilots in mind, we remind you of the words spoken by President Obama during his inaugural speech: "It is ... the selflessness of workers who would rather cut their hours than see a friend lose their job which sees us through our darkest hours."

As you consider your level of motivation, we ask you to remember that Doug is the highest paid passenger airline executive in the United States, making $11.34 million last year. He will make $15 million this year, while US Airways pilots make nearly the least in the industry and while US Airways languishes in every consumer performance poll.

Fly safely, Act Your Wage and be a Good Union Pilot.





USAPA Communications | US Airline Pilots Association
Office: 877-332-3342 | Phone Message: 877-332-3350 | USAirlinePilots.org



HA! No wonder passenger pilots act like children.
 

TWA Dude

Well-known member
Joined
Nov 26, 2001
Posts
3,666
Total Time
9999+
the East will never vote in favor of a contract with the NIC attached in its present form.
Yeah, that's what all the Eastie message board bigshots say. Of course, those same bigshots expected to trounce us in court. Suffice it to say we won't believe it until an actual TA is put out for vote. The entire reason USAPA came into being has been shot down. Reality is sinking in for many and when they actually face a pay raise and better work rules they may reconsider the efficacy of spite.
 

formerdal

Well-known member
Joined
May 30, 2003
Posts
82
Total Time
lots
The company opening proposal is still on the table (17% raise east, 3%west) which was stated in court on 7/16/09. In a new merger Nic goes with it(per the injunction) and splitting up keeps being said over and over by the easties but it makes no business sense. For someone who doen't have a dog in the fight you sure have all the east talking points down.


NO, don't have the talking points down. It just kinda makes sense. The only valuable part of the airline is on the East side(east coast traffic and Shuttle) and since they are essentially still running a split operation I can see how the East side might be split off in its entirety and then pair it down as necessary.

Also, I thought that was the company's opening position, not that it was still on the table
.

Sorry don't mean to offend, just a view from the outside lookin in.
 

Bringupthebird

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Joined
Feb 7, 2006
Posts
2,182
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I think that the rational pilots only want an intervention with Cleary and the radical fringe of USAPA and see something productive come out of this. But Pride and Fear are the drivers behind USAPA and until they are conquered, theres little hope of progress.
 

BeCareful!

Well-known member
Joined
Oct 21, 2004
Posts
809
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10,000
The company opening proposal is still on the table (17% raise east, 3%west) which was stated in court on 7/16/09. In a new merger Nic goes with it(per the injunction) and splitting up keeps being said over and over by the easties but it makes no business sense. For someone who doen't have a dog in the fight you sure have all the east talking points down.


Lamp,

Refresh our memory: why would you guys be excited about and vote in a 3% raise?
 
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