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T2Bus

Aircooled By T2
Joined
Dec 8, 2008
Posts
140
Leonidas Update for Monday, August 3rd
Posted by JK_Admin on August 03 2009
Good Afternoon Fellow US Airways pilots:

We took a week off from updating and you will notice here that this update is short. The reason is simple - there is not much to talk about. Judge Wake entered into the record his comprehensive injunction against USAPA. We also filed an application for attorney's fees totaling $1.8 Million, to be paid by USAPA. Finally, USAPA has begun their futile attempt to get three appellate court justices to agree with the "legal brilliance" of Lee Seham that apparently was not understood by one of the most respected and experienced Federal District Court judges.

Extended News
Good Afternoon Fellow US Airways pilots:

We took a week off from updating and you will notice here that this update is short. The reason is simple - there is not much to talk about. Judge Wake entered into the record his comprehensive injunction against USAPA. We also filed an application for attorney's fees totaling $1.8 Million, to be paid by USAPA. Finally, USAPA has begun their futile attempt to get three appellate court justices to agree with the "legal brilliance" of Lee Seham that apparently was not understood by one of the most respected and experienced Federal District Court judges.

We all know where this is headed, East and West alike. We both comprise the two bottom rungs of the industry ladder in pay and scheduling, but the real issue is beyond those two metrics - the real issue is our collective exposure to management in light of the sweeping changes that are about to take place in our industry. Leonidas would like to suggest to all US Airways pilots that we would all be better off if we stopped fighting yesterday's battles. Although the West was subjected to several barrages of the East's "win at all costs" tactics, the West has defeated every salvo lobbed our way: from ALPA National's all out attempted placation of the East, to the RICO suit, to the Section 29s and finally, the attempted destruction of West careers via DOH.

It's over. The appeals process will offer USAPA about a zero percent chance of success as the trial record is so thorough and the law is clearly not what Lee Seham imagines it to be. In short, there is no longer any reason for West angst when the acronym "USAPA" is uttered. The past is the past and it is incumbent on every West pilot to realize that the path to a better future is paved by East-West cooperation.

To the East, all we have to say is that you would be much better off if you stopped making the West your enemy. The West is not responsible for anything that troubles you; those battles should have been fought when you had the chance. Your attempt to substitute the West as the responsible party has cost each East pilot a tremendous amount of money - $100,000 and counting for the Group II captain seat. Jetblue A320 captains are making more than our A330 captains. It is imperative for every East pilot to realize that under the current leadership and current legal counsel, USAPA is getting trounced in court. The Plaintiff's Application for Attorney's Fees is direct proof that the liabilities are moving beyond injunctive relief and into the world of monetary liabilities. A trial for the damages incurred by the six plaintiffs will take place in the late Winter and if that results in a verdict for the plaintiffs, then every member of the West class will be entitled to sue for their individual damages. Think for a moment what those damages would be for just the 145 furloughees (three of the original six plaintiffs are currently furloughed and their trial will have already occurred). The East pilots are USAPA, and the union's only revenue source is its pilots.

Do not misconstrue what we write as threats. These are facts and this is the reality that your current leadership doesn't want you to hear. Addington is not going away. The West didn't ask for this war, but we have no choice at this point other than to finish it. In the meantime, losses will continue to mount on both sides of the Mississippi.

In light of this reality, let us consider what could be accomplished if we start working as a unified labor group. First, we have a union. Talk of going back to the NMB to replace that which we already have is duplicative, if not obfuscatory. A union is its members. By law, the members control the direction of their union and the reason should be obvious: it would be nonsensical for the law to require a change in collective bargaining agents just to effect changes in union leadership. The proper way to effect change within a union is for every employee to be a member in good standing and vote. The LMRDA (also known as the Landrum-Griffin Act) is the Bill of Rights for every union member and this is what guarantees we US Airways pilots the power to effect change right here, and right now.

Second, in the labor context the largest problem we have as a profession is the tendency for pilots to punt the difficult decisions. This is odd considering that our jobs require that we do the opposite when we are at the controls of an airplane. Rather than launch into a discussion of all of the events and choices made locally and nationally which brought us to this juncture, we can sum up what got us here this way: (i) over 50% of our passenger flying at US Airways is done by contract carriers; (ii) pensions at every legacy carrier save AMR are gone; (iii) every legacy airline pilot is working for 50% less than a decade ago, when adjusted for the cost of living; and (iv) major airline pilots are now fighting over the scraps instead of analyzing what got us here, correcting those mistakes and moving ahead. If we look at every one of those sub-points, the common link among each of them is either a decision to put the tough choice off until later, or a decision to deal with the consequences later on. "If we just get passed THIS situation, then we can do X, Y, and Z tomorrow and get them then." Unfortunately, this refrain is all too familiar for just about every major airline pilot.

Our current situation is no different. The ONLY question for every US Airways pilot is simply this, "What can be done TODAY to improve our collective situation?" The answer is clear: use what we have now to effect change. We have a bargaining unit in place; we don't need to throw it out just because of the leadership. Talk of trading the union in for another one is exactly the type of thinking which got pilots into this deep hole, and the hole we refer to is not just the East-West seniority dispute but the significant dilution of pay, benefits and job security for all major airline pilots. We have all that we will ever need in order to use our collective bargaining powers to the fullest extent against management. Pretending that we are doing something productive by concluding that the current CBA is unfixable and that the only path to realizing gains for all US Airways pilots is yet another change of signs on the union's office door is exactly what we should not be doing. Regardless of who the bargaining agent is, East and West need to work together. Let's tackle that first before we think about anything else.

Before we finish this update, we'd like to comment briefly on the appeals process. The federal court website has a fantastic synposis and you can access it here: http://www.uscourts.gov/understand03/content_6_5.html
One sentence from that webpage pretty much summarizes the entire process, "An appellant must show that the trial court made a legal error that affected the decision of the case." For anyone who has followed this case, it is clear that Lee Seham has an enormous challenge ahead of him as allegations that Judge Wake erred are little more than grasping for straws. To use a football analogy, what's really happening here is that the other side is asking for a review of the play when everyone watching the game plainly saw the receiver come down with both feet well within bounds and he had complete control of the ball. If USAPA still wants to challenge the referee's call with a video review, then they are entitled to do so. We in the West wait with total confidence that the decision will stand. This is over folks. Now is the time to just move forward - together.

Have a great week.

Sincerely,

Leonidas, LLC
 
This is over folks. Now is the time to just move forward - together.

Not gonna happen. No contract will be ratified with the Nic.
Nic award puts 800 active pilots below the most junior West pilot that is now furloughed and grants A330 and B 767 positions to a pilot group that did not have any. Like I said, there is not chance of a joint contract if it involves the Nic. The windfall for the West is to big.
Sorry Westies

M
 
No contract will be ratified with the Nic.

Lots of Easties say this but we don't believe it. We're going to have to see proof. Present a decent TA for a vote and we'll see. Until then y'all have all the credibility of the Easties who perjured themselves on the stand during the trial.
 
Westies can actually thank USAPA got voted in. ALPA had total gridlock due to the fact that it involved both groups to sign off on a deal. Now, its one group voting. So in a few years there might be enough votes if the the Nic is forced on to the East, with many East pilots retiring. The way ALPA was, the Nic would never have been implemented. There was no way that more the 50% of Easties would vote for an SLI not involved the Nic gift. The East pilots could have held the Nic away forever with ALPA's way of voting.

I still believe USAIR will be history in 1-2 years, so it all really does not matter.

M
 
This is over folks. Now is the time to just move forward - together.

Not gonna happen. No contract will be ratified with the Nic.
Nic award puts 800 active pilots below the most junior West pilot that is now furloughed and grants A330 and B 767 positions to a pilot group that did not have any. Like I said, there is not chance of a joint contract if it involves the Nic. The windfall for the West is to big.
Sorry Westies

M

Oh MCDU, you and your little tantrums....hoping to turn the tide of public sympathy by spreading false or partially true information.

BS Flag #1- There are 800 active East pilots below the most junior West pilot that is now furloughed. Really, MCDU? First off, I'm pretty sure there are NOT that many who chose to come back from furlough and be junior to the most junior West pilot but hey, I don't have an East seniority list so I can't debate those numbers. But even if there were, the fact remains, *these guys were furloughed at the time of the merger* and had jobs to come back to *thanks to merger*. Can I make it any more clear for you? The fact that any of them are working on the East side after 140+ of the West pilot that had jobs and are now on the street shows for the West pilots, all this has been is a transfer their jobs to East pilots with nothing in return. Wow. What a windfall.

BS Flag #2 - I know you don't work here and haven't actually read the Nic award but allow me to make you aware that Nic protected the precious 330/767 positions by awarding the top 517 spots on this list to East pilots. If senior East pilots who can hold them choose to bid other equipment, how on earth can you fault the top handful of West Captains who subsequently can hold them and choose to do so?

What other lies and half truths would you like to discuss?
 
Oh MCDU, you and your little tantrums....hoping to turn the tide of public sympathy by spreading false or partially true information.

BS Flag #1- There are 800 active East pilots below the most junior West pilot that is now furloughed. Really, MCDU? First off, I'm pretty sure there are NOT that many who chose to come back from furlough and be junior to the most junior West pilot but hey, I don't have an East seniority list so I can't debate those numbers. But even if there were, the fact remains, *these guys were furloughed at the time of the merger* and had jobs to come back to *thanks to merger*. Can I make it any more clear for you? The fact that any of them are working on the East side after 140+ of the West pilot that had jobs and are now on the street shows for the West pilots, all this has been is a transfer their jobs to East pilots with nothing in return. Wow. What a windfall.

BS Flag #2 - I know you don't work here and haven't actually read the Nic award but allow me to make you aware that Nic protected the precious 330/767 positions by awarding the top 517 spots on this list to East pilots. If senior East pilots who can hold them choose to bid other equipment, how on earth can you fault the top handful of West Captains who subsequently can hold them and choose to do so?

What other lies and half truths would you like to discuss?

You're dealing with someone that has the mental and emotional capacity of an eight year old. His response will be something like "Nugh uh, it's mine, mine, mine, mine, neener neener neener. No grasp of reality or thought of consequences.
 
Westies can actually thank USAPA got voted in. ALPA had total gridlock due to the fact that it involved both groups to sign off on a deal. Now, its one group voting. So in a few years there might be enough votes if the the Nic is forced on to the East, with many East pilots retiring. The way ALPA was, the Nic would never have been implemented. There was no way that more the 50% of Easties would vote for an SLI not involved the Nic gift. The East pilots could have held the Nic away forever with ALPA's way of voting.

I still believe USAIR will be history in 1-2 years, so it all really does not matter.

M

See I told you so. Neener, Neener, Neener.
 
More money for Union Officers




Quick Facts # 18 Hosted on Unbiased Facts
4 August, 2009

USAPA calls for another Agenda item for a Uniform Operating Manual (UOM) Change.
The last two times the BPR had an Agenda item for a UOM Section Change they
provided the officers and chosen committee workers with 85-hour FPL for both Reserves
and Lineholders regardless of what the individual could earn as a line pilot, plus a pay
stipend. Next, the BPR leased two new cars for USAPA Officials’ personal use. What will
happen during this week’s BPR meeting with another UOM Section Approval change on
the agenda?



USAPA Update – June 1, 2009

There will also be a meeting of the Board of Pilot Representatives on June 9, 10 and 11. The
meeting will be held at the Hyatt Place City Park, 4119 Southstream Blvd, Charlotte, NC
28217, 704-357-8555. Complimentary shuttle service from the airport is available.
The meeting will commence at 1000 and adjourn at 1800 on June 9 and will commence at
0900 and adjourn at 1700 on June 10 and 11.

The agenda will include:

• Officer Reports
• Negotiating Committee Update
• LAS Resolution to increase the size of the NAC
• Grievance Committee update and LOA 93 discussion
• Report and action on Lump Sum Distribution Ad Hoc Committee
• Retirement and Insurance Committee Update - Investment Committee Brief, R&I
Committee Staffing Issues
• Office staff employment update
• UOM sections approval
• Scheduling Committee update

USAPA PHL Domicile Update – June 12, 2009

“Day 3 began with the hot topic of Officer and other full-time Union Pilots’ compensation.
After a lengthy and productive discussion, including the acknowledgement that all Officers,
Reps, and other full-time Union workers, spend countless hours doing the work of the Pilots, it
was determined that the proper compensation be as follows:

• USAPA President 85 hours + $18,000/year
• Other USAPA Officers 85 hours + $15,000/year
• Other USAPA full time workers 85 hours + $12,000/year

The Pilots outside of the Officer corps who are currently on full time status are, 4 NAC
members plus the note taker, 1 Merger Committee member, Comm Chair, and Grievance
Chair. The 85 hours per month are based on the equipment currently held. This policy is in full
compliance with USAPA’s C&BL.”


USAPA Update – July 24, 2009

(This item was inadvertently omitted from an earlier update): The Board of Pilot
Representatives (BPR) conducted a telephonic conference call Monday, July 20, 2009, to
discuss the following scheduled agenda items:

• Officer briefings
• Legal update
• Union Operating Manual (UOM) section approval
• Negotiating Advisory Committee (NAC) update

Following the Officer’s reports, Captain Pat Day, CLT Chairman, moved for approval of
Section 5 of the UOM. The motion was approved.


Unbiased Facts Update – August 3, 2009

On July 25, 2009 USAPA West Pilot Group Representatives reported USAPA leased two
vehicles for their personal use, which was the Union Operating Manual (UOM) section
approval the Communications Committee “inadvertently omitted from an earlier update.”


USAPA BPR Telephonic Meeting Notice - August 3, 2009

In accordance with the USAPA Constitution & Bylaws and the Union Operating Manual, there
will be a telephonic meeting of the Board of Pilot Representatives on August 6, 2009, to
commence at 1330.

The agenda will include:

• Officer reports
• President: Committee appointment approval resolutions, update on Committee Chair
conference call, apparent authority letter
• Vice President: update on office security
• EVP: update on office staff issues, temporary vs. full time
• Secretary-Treasurer: Section 29 progress
• Union Operating Manual sections for approval
• Communication Policy
• Legal Update


Unbiased Facts Summary: For the third time in less than two months, the BPR Meeting
Agenda item of “Union Operating Manual sections for approval.” Each time the BPR voted
to enrich the officers and key USAPA supporters and committee members. What will
USAPA elect to do to the UOM at their August 6 meeting? Will the BPR again decide to
spend pilots’ hard-earned dues money without line pilot input?


Unbiased Facts can send you an email notice of additions to the Unbiased Facts web site. To subscribe to this
service, send an email to [email protected] and state subscribe in the subject line. To unsubscribe,
state unsubscribe in the subject line. If you have an article or “Quick Fact” you think should be published by
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MCDU....you are going to get fired from Taco Bell by playing with the company computer....
 
MCDU read this........

A message from Capt. Rich Alter (east)
July 31, 2009

Dear President Cleary and BPR Members,

I have been a member in good standings of USAPA since July 2008. I have participated as an advisor to USAPA’s R & I Committee, Negotiating Committee, and your Benefit’s Specialist. Because there are a number of individuals in new leadership positions that resented my participation and felt threatened by my active involvement, I chose to help quietly behind the scenes trying to keep the company from taking advantage of our pilots and make the benefits transition a smooth one.

But it’s now time for me to step forward and say enough is enough. For over a year I have heard promise after promise, but none have come true. No contract in three months, no date of hire seniority list, and extensive abuse of union flight pay loss, instead of more volunteers giving of their time. You promised lower dues and a better accounting of every dollar spent, yet you refuse to share a budget, account for my 2008 contributions and can’t accurately calculate my future dues payments. You promised transparency and an organization based on democratic principles, yet you vote behind closed doors and give yourselves pay raises knowing you have deceitfully prevented any recall actions from being proffered. You are spending over 60% of all dues collected on legal counsel and waist money on outside pension and benefit’s advisors that are doing nothing positive for our pilots. You’re making promises you know you can’t keep and writing checks that we as members can’t afford!

Finally, your true controlling intensions became clear when you asked all pilots to support, with an assessment, an investigation of our pension termination. In this very emotional vote, you chose to present only one side of the story which influenced the outcome. I, along with other members of the previous R & I Committee offered to write a differing view that would have given all pilots the entire story before they committed to this waste of hard earned money. USAPA refused to publish our side of the story.

This social experiment called USAPA is not what I or other honest pilot at this airline wanted from our new union. We asked for fair representation that respected the needs and wants of everyone. We asked for leadership that practiced and encouraged democratic principles and didn’t take advantage of their power positions. We asked for leaders that put the line pilot first. The sad part is we have some real talented individuals in our group that USAPA refuses to recognize or use, with years of experience and expert advice. Unfortunately your egos get in the way of your common sense.

I only have to ask myself “Am I better off today then I was two years ago?” Fact is I’m not!

Things are actually worse now than they have ever been. The company gives USAPA leadership no respect or credibility. That has lead to real pain and suffering by many pilots and their families. That wouldn’t have happened under the previous bargaining agent. It only gets worse as times goes by. How much pain will we all have to endure before others finally join me in saying it’s time for a change. Unfortunately no matter what name we give this pilot organization (USAPA, ALPA, Teamsters, Etc.); we are still the same apathetic group that has allowed a hijacking of our union and the stagnation of our careers.

Fact is USAPA and its leadership have lost touch with the needs of our pilots! So because of misleading promises and lies, because of deceitful practices, mismanagement of dues and because my membership has been ignored and disrespected, I have decided to become an objector. I ask that my dues be re-evaluated immediately to reflect my change in membership status. I await your confirmation and reply!

Sincerely,

Rich Alter
USAPA #12288
 

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