USAPA: Downfall is coming from within!

[T2Bus]

Who is going to pay the legal cost?

Quick Facts
June 8, 2009

Troubles Mount

In
its
first
14
months
as
a
union
USAPA
has
been
involved
in
four
court

proceedings/trials
against
US
Airways
Group
pilots
and
now
the
list
continues
to

grow.





USAPA
Update
–
June
3,
2009


“USAPA
President
Captain
Mike
Cleary
briefed
the
Board
about
a
complaint
filed
by

ALPA
on
February
27,
2009,
in
Eastern
Federal
District
Court.
The
complaint
alleges

violations
of
the
Railway
Labor
Act
regarding
flow
through
issues
to
US
Airways
for

pilots
at
both
PSA
and
Piedmont
Airlines.
ALPA
is
seeking
to
establish
an
Arbitration

Board
with
jurisdiction
over
the
defendants
to
resolve
the
entire
dispute.
The
airline

defendants
have
filed
a
motion
to
dismiss
the
complaint.
A
hearing
is
scheduled
for
July
10,
2009,
on
this
matter.”



_____________________________


USAPA
filed
the
Rico
lawsuit
against
the
West pilots.​

Found
guilty
of
DFR
in
the
Addington
trial.​

Faces
a
bench
trial
for
class
action
damages
in
August
because
of
its
DFR
guilty
verdict.​

Now
is
involved
in
a
RLA
complaint
in
Federal
Court.​




To
grow
its
list
 of
legal
battles
the
union
is
preparing
for
another
court
battle
by
filing
an
appeal
to
the
 Ninth
Circuit
Court
to
have
the
Addington
trial
remanded
back
to
Arizona
Federal
 Court,
which
has
about
a
5
percent
chance
of
appellate
success
according
to
legal
statistics.

Can
lawsuit
after
lawsuit
against
fellow
pilots
help
the
US
Airways
pilot
group
move
forward?
How
much
more
money
will
members
pay
through
dues
and
more
assessments
to
Lee
Seham
to
fund
litigation?









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often.


 

[T2Bus]

How many West pilots are in good standing? They have no rights if Westies are a non union members in bad standing.

I guess its ok to furlough all east pilots, even though west jobs are being shed? East and West pilots have been furloughed. West wants a windfall where all furloughs are East.

M

MCDU...go back to Wendys.​

 

[T2Bus]

A QUOTE from MCDU​

(1824387)

"This coming from a 767 capt Tory Vaughan the III,who was not effected by the Nic award. Sen. number 586. He is a complete idiot. This is of no surprise. He wants more money and he loves the fact that he can still fly past 60. Greed. Pilot Greed."


MCDU...Calling a respected and senior B767 Captain an "IDIOT". I guess it's justified by someone like you who works at Wendys and flys C-150s

 

[FDJ2]

How many West pilots are in good standing? They have no rights if Westies are a non union members in bad standing.


M

USAPA has a duty to fairly represent all USAirways pilots, whether members or not, it is because they have been shown to have failed in that duty that a jury found them guilty of a failure of DFR and a judge will impose a remedy, which may include among other things, the implementation of the Nicolau award with or without a joint contract.

 

[cactusboy53]

This coming from a 767 capt Tory Vaughan the III,who was not effected by the Nic award. Sen. number 586. He is a complete idiot. This is of no surprise. He wants more money and he loves the fact that he can still fly past 60. Greed. Pilot Greed.

USAPA has protected many East pilots from the street. With the Nic all furloughed pilots would be East with a 100% paycut and many East pilots would be flying the 190, while West pilots would be replacing East Jobs in East bases. Not having the Nic award implemented has saved many USAIR pilots their jobs in their bases and aircraft.

It has not been all bad for the lower part of USAIRS seniority list. Nic implemented would be devasting for the USAIR East F/O's. The Nic award places furloughed West pilots DOH 2005 ahead of 1988 East widebody postions and airbus line holders and 190 captains. This fence has been good for the F/O at the East operations. The longer they can create an artifical fence, the better of many will be until the retirements kick in in 3 plus years.

Too bad AWA did not merge with the growing airline Skybus a few years ago. Many planes on order and fast upgrades. Kind of like AWA after 9/11. Would have been a perfect fit, since AWA always wanted CMH and AWA pilots do no care about longevity.

Integrity=DOH
DOH= Workings of a real Union

M

My, my, my.....we are just a little touchy for someone that does not work for LCC.

Since you don't work for us, you should probably just read and lurk. Better yet, why don't you go to your airline website and pester them. Your input & opinion are not required here.

 

[T2Bus]

MCDU doesn't have an airline.....he works for Wendys and flys a C-152.

 

[hockeypilot44]

At least ALPA is gone.

 

[regionaltard]

Integrity=DOH
DOH= Workings of a real Union

D'oh!=USAPA. Lee Seaham has figured out a way to turn greed and stupidity into gold.

 

[samballs]

The east needs to go south

 

[FDJ2]

At least ALPA is gone.

Yeah, that should make things all better.

 

[doh]

I asked this question on the other thread, and I'll ask it here. What is usapa going to do if they lose? It certainly looks like there is a good possibility of that at this point. What is their strategy going forward? MCDU is silent on this. So what about you other Easties?

Let me say that if I were in your shoes, I would not be happy. I'd be bitchin' like crazy. Hell, I might even have supported the lawsuit. But now that it looks like you could lose, it is time to get a strategy for negotiating a new contract. You can only lay in bed and skulk in curmudgeonly fashion for so long. If nothing else, your wife is going to kick you out so she can wash the sheets! Now somebody tell me you have a plan for negotiations going forward.

 

[UALjan15]

I asked this question on the other thread, and I'll ask it here. What is usapa going to do if they lose? It certainly looks like there is a good possibility of that at this point. What is their strategy going forward? MCDU is silent on this. So what about you other Easties?

Let me say that if I were in your shoes, I would not be happy. I'd be bitchin' like crazy. Hell, I might even have supported the lawsuit. But now that it looks like you could lose, it is time to get a strategy for negotiating a new contract. You can only lay in bed and skulk in curmudgeonly fashion for so long. If nothing else, your wife is going to kick you out so she can wash the sheets! Now somebody tell me you have a plan for negotiations going forward.

There is no need for a contingency plan. After all, they are "supremely confident" in their case going to appeal. Seham even told them that all of the case law is on their side and victory must follow. What more do they need? It is only a matter of time before the rest of the world is proven to be insane, and this travesty of injustice is reversed in their favor.

As for how long they can "lay in bed and skulk in curmudgeonly fashion," I think that depends on who you talk to. For the angry F/O club, it is a decade or more (or until they all upgrade). For the captains that have much more to lose by stonewalling, I honestly don't know--I thought that their patience would have run out more than a year ago. To stick up for a junior pilot group, at considerable expense to themselves, runs counter to basic pilot nature. So I'll give them props for that--if we could harness that unity into something productive (instead of just screwing the west), who knows what this group could acheive?

 

[T2Bus]

More info from "the inside".

You got to know when to hold 'em, know when to fold 'em

Posted by TheEye at 5/16/2009 12:12 AM
Categories: uncategorized
We waited a few days after the unanimous jury verdict to absorb the reaction of the USAPA leadership. As the wick burned we clung to a glimmer of hope that just maybe the increasingly difficult position of Mr. Cleary’s delusional crusade would be publicly challenged by the silent east majority.

Sadly, this didn’t happen. Instead we heard the all too familiar whines we’ve come to expect from the failed USAPA leadership. They were quick to blame everyone but themselves. And with unbelievable gusto they continued their dishonest habit of promising future wins following devastating losses. They want you to continue funding their reckless campaign with the belief that victory will eventually be achieved under the sensible guise of Judge Robert’s Supreme Court.

USAPA’s illegitimately elected president penned a letter to the membership last Tuesday that nicely highlights the absurdity of 'the world is not fair' mantra. (TheEye’s comments are in red.)

[Note: Our comments do not represent the position or opinion of Leonidas LCC or the plaintiffs in the case. TheEye is an independent voice representing all US Airways pilots]

"The legal standard applicable to seniority integration issues is that a union may operate within a 'wide range of reasonableness.' Nevertheless, the court prohibited USAPA from telling the jury that every other unionized employee group on the property has applied DOH without any conditions and restrictions to protect the interests of their West counterparts."

The 'wide range of reasonableness' afforded unions is limited by a federally-mandated duty to fairly represent all members of the class and craft. When a union does not honor that duty members of that represented class and craft can file suit against a union in federal court, just as the plaintiffs did in this case. USAPA attempted to take extreme liberties with that 'wide range of reasonableness' and grossly crossed the line.

Mr. Cleary failed to acknowledge that the plaintiffs were bared from introducing the Delta/Northwest arbitration and other awards that employed a ratio or mechanical integration method. Further, none of the other work groups on property decertified their bargaining agents with the express purpose of cheating an arbitrated seniority award.

Mr. Clearly also failed to grasp that the integration methodology of other unions on property was utterly irrelevant to USAPA’s duty to fairly represent the west pilots.

"The Ninth Circuit, to whose precedent this court is obligated to defer, has held that DOH is inherently fair and equitable and 'well within' a wide range of reasonableness. Nevertheless, the court rejected USAPA’s request that the jury be instructed on this legal standard."

There are numerous court orders and references in the transcripts that allude to the fact that DOH is not inherently unfair. Going back to the relevancy question, the fairness of the Nicolau Award was not under adjudication. USAPA was only in court for its refusal to honor its Transition Agreement obligations in reference to the seniority integration process. In other words, the Association unilaterally disregarded the inherited Nicolau Award and replaced it with a new politically driven process that would terminate the career expectations of most west pilots with a feigned set of 'conditions and restrictions' drawn up to satisfy the casual observer.

"Existing legal precedent recognizes a union’s right to revisit a 'final and binding' seniority integration arbitration decision if the union has a principled objection to the result. Nevertheless, the court prohibited USAPA from presenting any evidence to the jury concerning the inequities of the Nicolau Award, both with respect to its disregarding of DOH and its violation of the arbitrator’s own rationale in treating Mid-Atlantic pilots as furloughees."

In reality, the majority of the Court’s time was spent revisiting the Nicolau Award as well as the east created 'impasse' following its publication. USAPA was afforded wide latitude by Judge Wake to discuss the disparate hire dates and alleged attrition loss as examples of the perceived unfairness of the Award by the east. Even though time was expended on this, Judge Wake was required to instruct the jury that they were not charged with determining the fairness of the Award. Their only charge was to determine whether USAPA was in breach of its duty to fairly represent the west pilots. To claim that an appeals court will allow a revisit of the Award is completely dishonest on Mr. Cleary’s part.

"The United States Supreme Court has held that, in order to establish that a union has engaged in bad faith conduct, there must be substantial evidence of fraud, deceitful action or dishonest conduct. Despite the fact that the plaintiffs alleged bad faith, the court rejected USAPA’s request that the jury be instructed on this legal standard."

Forming a union to circumvent a binding arbitration optimizes 'deceitful action' and 'dishonest conduct.'

"The court instructed the jury that USAPA was bound by the internal merger policy of a de-certified predecessor and prohibited USAPA from presenting evidence, including the West MEC’s legal brief authored by West merger attorney Jeff Freund in the inter-MEC litigation, that the Nicolau Award was nothing more than ALPA’s 'proposal.' "

ALPA had an obligation to defend the final and binding Award. Once USAPA failed to recognize the Award and bargain to place it into a joint contract, they violated their DFR. An out of context quote from Jeff Freund would only serve to confuse the jury and was irrelevant to the question before the Court.

"In the Breeger case, the North Carolina Federal Court looked at the same facts and dismissed the case for lack of jurisdiction because the negotiating process was still in flux. Same facts, different court, different result."

The above statement by Mr. Cleary is entirely false. According to the North Carolina Order, the facts in the Breeger case are different from those in this case. In the Breeger case, the complaint alleged that the Union’s seniority proposal was not in compliance with its constitution. In the Addington case, the DFR was primarily based on USAPA’s disregard for an inherited arbitration award, not a constitutional violation.

USAPA filed a RICO suit in North Carolina which was quickly dismissed with prejudice just six weeks later. Ironically, USAPA once stated that a Motion to Dismiss is notoriously difficult to win, yet the RICO defendants won their Motion to Dismiss on USAPA’s home turf and in record time.

Have you had enough of Mr. Cleary’s lies and empty promises? Have you had enough of Mr. Seham and his charlatan firm making millions off our hard earned dues dollars? Have you had enough of working for industry bottom wages and work rules while our CEO rakes in millions?

Of course you are. But unless your voice is heard with a clear call to end the hopeless appeal, you are along for a long and profitless journey.

Call your reps and tell them to stop the madness. Case law is clear and this verdict has virtually no chance of being overturned.

We can all stay at the bottom or we can face reality and fight for the achievable. Don’t let Mr. Cleary and Mr. Seham steal what is left of our careers.

The ball is in your court. Your silence will assure future failures.

 

[T2Bus]

At least ALPA is gone.

What else have they done to help all Airways pilots?

 

[Cowboy75]

How many West pilots are in good standing? They have no rights if Westies are a non union members in bad standing.

I'm supporting an organization that is looking out for my rights and it is not USAPA. My money and support go to Leonidas.


LEONIDAS MEETING
[FONT=Verdana,Verdana][FONT=Verdana,Verdana]Leonidas [/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]has scheduled an informational meeting for former America West Airlines pilots. Meeting details are as follows: [/FONT]
[/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Scheduled for [/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Wednesday June 10, 2009 [/FONT][/FONT]
[FONT=Verdana,Verdana][FONT=Verdana,Verdana]Meeting will be held in PHX from 10am to 2pm (MST) at: [/FONT]
[/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Crowne Plaza Hotel [/FONT][/FONT]
[FONT=Verdana,Verdana][FONT=Verdana,Verdana]4300 East Washington Street [/FONT]
[FONT=Verdana,Verdana]Phoenix, AZ 85034 [/FONT]
[/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]NW Corner of Washington & 44[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]th [/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Streets [/FONT]
[/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Attorneys Marty Harper and Andy Jacob[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana], our legal counsel from Polsinelli Shugart PC, will be the guest speakers. [/FONT]
[FONT=Verdana,Verdana]An open [/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Question & Answer Forum [/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]will follow the informational update. [/FONT]
[/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]PLEASE BRING YOUR COMPANY I.D. [/FONT][/FONT]
[FONT=Verdana,Verdana][FONT=Verdana,Verdana]TO ATTEND THE MEETING. [/FONT]
[/FONT]