The case was dismissed last week and not a peep out of AOL. Or has it been 'members only" ?
Here's a little peep from AOL:
So given the clear reservations that the company has in acting on USAPA’s DOH scheme, we suspect that there are probably many pilots on the East who are wondering why the company is concerned about anything other than what the majority of pilots insist upon. The answer lies in something called the Glover doctrine, which we will explain in a moment. But for now, let’s rewind the clock three years - to the time when the back of the van gang was conceptualizing USAPA. We all can remember the smug assurances that seniority can be negotiated like crew meals. They never missed an opportunity to get before East pilots and guarantee that nothing would stand in the way for a majority to negotiate something that is merely a contract term in a collective bargaining agreement. It all seemed so easy: kick ALPA off the property, create a new union, and proffer whatever seniority list the majority wanted. Naturally the company would be willing participants because there would be no reason for them to not go along with what the majority wanted. Seham even had the gall to characterize this scheme as one which will bring labor peace.
Now fast forward to where we are today. The West successfully prosecuted a claim against the new union for breaching their duty to fairly represent all of their members. This was achieved in record time and the result was a unanimous jury verdict whose pronouncement could not be clearer: DOH is not fair in light of the fact that there already was an arbitrated seniority list. USAPA appealed and unfortunately two of the three appellate judges decided that the DFR case was litigated prematurely. Despite this setback for the West, what the majority did make crystal clear was that their decision was only based on a technicality of timing; they did not touch the merits of the underlying DFR action. Nevertheless, the majority did take the liberty to leave USAPA with a veiled warning to negotiate for the benefit of all pilots and under the pain of an unquestionably ripe DFR action once there is a ratified contract.
What we are seeing now with the company’s declaratory action is another piece of the puzzle that USAPA and its founders conveniently never told their East constituents about: the Hybrid DFR, also referred to as the Glover Doctrine. If anyone on the East cares to research what this legal claim is,
click here to pull up the West Plaintiff’s response to the Company’s motion to have the original case against them dismissed. Read pages 6-8 and note the contractual connection Glover affords union members to their company in certain situations. If a contractual relationship exists, then remedies likely exist for breach of that contract. This ladies and gentlemen is precisely why the company is concerned about acting on USAPA’s scheme to circumvent the arbitrated seniority list and is therefore asking for guidance from the federal courts on what they can and cannot do.
For all US Airways pilots, what this means is that there are two vast chasms that USAPA must surmount in order to achieve its dream of DOH: (1) the inevitable DFR II once there is a ratified contract; and (2) getting the company officers to agree to expose the corporation and its shareholders to a Glover claim from the West. Despite all of USAPA’s pronouncements to the contrary, USAPA is in no way “free” to negotiate DOH in section 22. What is now painfully obvious is that the USAPA founders and their legal counsel did not tell the East pilots the entire story. They didn’t even have the integrity to slap a one size font disclaimer on the back of their DOH ruse which could only be read using a magnifying glass. In short, the reality of the DOH fraud is coming to light, so in our opinion it really does not matter how many mediated negotiation sessions are scheduled.
US Airways made it clear they feel caught in the middle of the (already arbitrated) seniority integration and want to remain neutral. There was a time in late 2007 when Doug Parker could have done the right thing and made this all moot
(Joint Statement of Labor Principles Letter). A true leader follows his words with action. Now he and US Airways need the legal system to save them from themselves.
“Indeed, USAPA ignores the injuries alleged in US Airways’ Complaint, which make clear that there is at least a “fair possibility” that US Airways could be harmed.” DOC 31, P5.
We expect USAPA to file their reply to both the company and the Addington Class within a few days. The District Court will dictate what happens next and we will keep you informed every step of the way.
Thank you for your
continued support of this legal effort to protect the careers of all West pilots.
Sincerely,
Leonidas LLC
.
