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Ok guys, what is our future strategy, now that we have our own private forum no one will know. I say we make Saturdays no wearing ties and underwear day.
Pilots that need depend products should be exempt.
My writings reach literally thousands of pilots per day and many informed people believe I was the single most important line employee factor in US Airways surviving. Why? I lead the grass roots effort to overcome the actions of the PIT/PHL Reps. during bankruptcy.
Dear AWA MEC & Key Committee Member,
Therefore, the US Airways pilots may have no other option to remove ALPA from both of our properties to vacate the Nicolau Award, which will happen, if necessary.
Why? It is my understanding that in 1954 the Teamsters sued the NLRB over control of a seniority list because the Teamsters desired to re-write a seniority list outside contract negotiations. The NLRB disapproved this action, which resulted in the Teamsters complaint filed in court. The case was filed with the Second District Federal Court who ruled in favor of the union; however, the lower court’s decision was appealed and over turned by the Supreme Court. The Supreme Court ruled in favor of the NLRB when it issued Citation # 107 NLRB 837; NLRB v Teamsters, 225 F. 2d. 343. On page 19 the Supreme Court said, “In 1954, the NLRB ruled that seniority status in mergers must be resolved by agreement between the employer and the union, not by the union unilaterally.â€
What is germane to our pilot group dispute and important to note is that the Nicolau Award is a private agreement among the parties, ALPA is a party to the Award, and ALPA is pledged to defend it. However, what is very important to understand is that if ALPA is no longer present than it cannot defend the Award!
And, seniority rights live in a CBA and not necessarily in an outside agreement. As you know, Section 22 of our current contracts is not closed and paragraph 22.B.1 of the East contract says, “Seniority of a pilot shall be based upon the length of service of an airline pilot in the employ of the Company or its predecessor airline companies whose operations have been taken by the Company.â€
The Supreme Court ruling above, the removal of ALPA from the seniority integration process, current contract rights afforded in Section 22 of the ALPA contract, and the removal of ALPA from both of our properties can vacate the Nicolau Award.
Once USAPA takes control over the combined pilot group there will be a new seniority integration negotiation. USAPA cannot deprive, and will not deprive, the West their right to negotiate a new seniority integration agreement and they will allow the process to carry out. USAPA and their Counsel clearly understands they cannot “lock out†the minority group (the AWA pilots) because this would create a DFR lawsuit, which could be won by the plaintiff. But, the majority group can “vote out†the minority group and implement a seniority integration, which can be effectively imposed. Basically USAPA could close the question, call the vote, call for the “I’s†who would decide the matter, the case would be closed, and seniority imposition would occur.
Dear AWA MEC & Key Committee Member,
This firm’s sole expertise is NMB representational elections and they took ALPA out of American Airlines in 1992 and replaced the IAM with AMFA at both United and Southwest
Speaks for itself.As far as my background, I am a union activist who has created and participates in a number of Yahoogroups. My writings reach literally thousands of pilots per day and many informed people believe I was the single most important line employee factor in US Airways surviving. Why? I lead the grass roots effort to overcome the actions of the PIT/PHL Reps. during bankruptcy.
The Sham & Sham law firm?USAPA has retained the law firm of Scham, Scham, Meltz, and Petersen, which is located in White Plains, NY.
Actually, a look at the firm's website shows that their NMB / labor law practice area is a rather small portion of what they do.This firm’s sole expertise is NMB representational elections . . . .
As usual with legal issues, your understanding is completely wrong, as aquagreen explained. First, the Supreme Court had nothing to do with this case. It was an NLRB decision which was appealed to the Second Circuit Court of Appeals, and ended there. The Board (what you referred to as the "lower court") did find against the union, but the seniority provision portion of Board's decision was not overturned by the appeals court.It is my understanding that in 1954 the Teamsters sued the NLRB over control of a seniority list because the Teamsters desired to re-write a seniority list outside contract negotiations. The NLRB disapproved this action, which resulted in the Teamsters complaint filed in court. The case was filed with the Second District Federal Court who ruled in favor of the union; however, the lower court’s decision was appealed and over turned by the Supreme Court. The Supreme Court ruled in favor of the NLRB when it issued Citation # 107 NLRB 837; NLRB v Teamsters, 225 F. 2d. 343. On page 19 the Supreme Court said, “In 1954, the NLRB ruled that seniority status in mergers must be resolved by agreement between the employer and the union, not by the union unilaterally."
That is what the courts are for. Even if ALPA disappears, the West pilots will still be an indentifiable group with standing to sue to enforce a valid and binding arbitration award.What is germane to our pilot group dispute and important to note is that the Nicolau Award is a private agreement among the parties, ALPA is a party to the Award, and ALPA is pledged to defend it. However, what is very important to understand is that if ALPA is no longer present than it cannot defend the Award!
Then why oh why did East agree to arbitrate the issue, if as you imply their seniority was already guaranteed to be DOH in a CBA?And, seniority rights live in a CBA and not necessarily in an outside agreement. As you know, Section 22 of our current contracts is not closed and paragraph 22.B.1 of the East contract says, “Seniority of a pilot shall be based upon the length of service of an airline pilot in the employ of the Company or its predecessor airline companies whose operations have been taken by the Company.â€
I wouldn't hold my breath. But a lawyer has apparently found a big group of relatively well-paid people being guided by anger and emotion, ready to believe anything they are told, and sees a way to keep the legal fees rolling in. You are truly a lawyer's dream client.Once USAPA takes control over the combined pilot group there will be a new seniority integration negotiation.
If your analysis of the Teamsters case came from Seham Seham Meltz & Petersen and you are relying on their legal advice, be very afraid.The information in the post above regarding the effort to kick ALPA off of the property and the legal steps to do so came from Scham, Scham, Meltz, and Petersen. This law firm is representing USAPA and their exertise is organizing representational elections and removing a union, like it did with ALPA at American Airlines.
If your analysis of the Teamsters case came from Seham Seham Meltz & Petersen and you are relying on their legal advice, be very afraid.
Ok guys, what is our future strategy, now that we have our own private forum no one will know. I say we make Saturdays no wearing ties and underwear day.
Pilots that need depend products should be exempt.