Federal Court Grants US Airways' Request For an Expedited Hearing On A Preliminary Injunction Agains

[USA320Pilot]

Dear Subscriber,

Update for August 15, 2011:

Quick Fact #190: The Federal District Court in Charlotte grants US Airways' request for an expedited hearing on a Preliminary Injunction against USAPA. Judge does not agree to USAPA's request to transfer jurisdiction to a U.S. District Court in New York that the union filed in a case against US Airways there in May.

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[USA320Pilot]

Today US Airways filed four petitions with the U.S. District Court in Charlotte. The company filed a motion of Plaintiff's Motion in Opposition to Defendants Motion to Dismiss and three Declarations. The Declarations were from Michael McGuinness (US Airways attorney), Al Hemmenway (US Airways' VP of Labor Relations), and from Doctor Darin Lee (Senior Vice President in the Boston, MA office of Compass Lexecon and specialize in the economics of the airline industry, industrial organization, labor economics and auctions).

 

[SparrowHawk]

OK, pardon me but So What?

Anyone here knows the hearing is set for the 19th and in any proceeding there are pre-trial motions usually from both sides. Only news here is the outside airline economics guy.

 

[USA320Pilot]

Declaration of Dr. Darin Lee (Senior Vice President in the Boston, MA office of Compass Lexecon and specialize in the economics of the airline industry, industrial organization, labor economics and auctions): August 15, 2011

I, DARIN N. LEE, PH.D., declare and state as follows:

1. I am a Senior Vice President in the Boston, MA office of Compass Lexecon and specialize in the economics of the airline industry, industrial organization, labor economics and auctions. My business address is 200 State Street, 9th Floor, Boston, Massachusetts, 02109. My qualifications and curriculum vitae are set forth in Section I and Appendix A, respectively, of my Expert Report filed on July 29, 2011 in support of Plaintiff’s Motion for Preliminary Injunction in this matter.1

Based on a regression analysis that controls for variations in daily weather, seasonality and other factors, pilot actions since May 1st have resulted in an average of 6.12 minutes of additional arrival delay for each Charlotte-bound flight operated by East pilots. This represents a 70% increase in the average arrival delay for Charlotte flights compared to the base period (i.e., January 1st, 2008 – April 30, 2011) and based on an average of 232 East mainline flights per day arriving at Charlotte since May 1st, has resulted in nearly 2,500 hours of additional delays for Charlotte bound flights.

3. Similarly, since May 1st, pilot actions have resulted in a 0.6 percentage point increase in Charlotte mainline departures operated by East pilots being cancelled. Put differently, approximately 60% of all Charlotte cancellations since May 1st are attributable to pilot actions. Combined with the 1.0 percentage point increase in cancellations for East mainline flights arriving to Charlotte attributable to pilot actions, this represents an average of 3.8 Charlotte flights per day being cancelled due to pilot actions, or over 400 flights since May 1st.

4. Moreover, when one applies the same regression models to Charlotte Express flights, there is no statistically significant increase in either arrival delays or cancellations since May 1st. Since Express operations are subject to the same weather and airport conditions as mainline flights, this provides strong evidence that the increase in both delays and cancellations for East mainline Charlotte flights is the result of pilot job actions.

5. This information is based on data collected through August 13, 2011.

I declare under penalty of perjury under the laws of the United States that the foregoing statements are true and correct.

Executed this 15th day of August, 2011, at Boston, Massachusetts.

 

[SparrowHawk]

I think USAPA is going to get spanked and spanked hard but I'm not the Judge so my opinion is meaningless. Expert witnesses are hired to make the data look as damning to the other side as possible. Having read what you posted there are a few questions I'd want the answers to if I were the Judge.

Why was CLT the only hub analyzed?

What do the numbers look like for PHX & PHL?

Why is M/L compared to Express?

What other factors could be causing delays in CLT?

Are the Safety write-up legitimate?

Dr. Lee's report as posted has a few holes in it and one has to wonder why that is? Company being cheap? The other hubs data don't support the company's contentions?

Well this is why we have judges.

 

[USA320Pilot]

Sparrow,

I don't have anymore time to communicate tonight. I just read over 100 pages of damning evidence in US Airways' petitions filed today.

The information provided to the court in the Plaintiff's Motion in Opposition to Defendants Motion to Dismiss, the Declaration from Michael McGuinness (US Airways attorney), and the Declaration from Al Hemmenway (US Airways' VP of Labor Relations) is very powerful and overwhelming evidence.

US Airways has done its homework and obviously had its motions prepared long ago in anticipation of USAPA filing a motion to dismiss. USAPA is way, way behind the eight ball and I too believe they're going to get spanked, and spanked hard.

A320

 

[BoeingBoy]

Why was CLT the only hub analyzed?

Dr. Lee analyzed the East and West operation.

What do the numbers look like for PHX & PHL?

West operated flights for PHX would be included in the analysis of the West operation as a whole. While the East operation was analyzed as a whole, some data also broke out CLT East ops which I suspect is because the CLT O/T has dropped the most.

Why is M/L compared to Express?

M/L is compared to a control period (1/1/08 through a date I don't remember off the top of my head. It was a period covering more than a year though). The report is also an East vs West M/L ops comparison. Finally, I expect that Express was used for taxi time comparisons because they taxi to the same runways at the same airports. Including Express could actually help USAPA in the CLT comparison because of the narrow taxi path at the end of D-Con - if an aircraft is parked on the end of D that point is effectively one-way traffic, extending taxi times for Express.

What other factors could be causing delays in CLT?

Besides the raw data, compensation was made for precip, wind, # of flights, things like the deice fluid shortage in CLT, etc.

Are the Safety write-up legitimate?

Most certainly some proportion of them are. Whether that's 1%, 99% or something in between only the crews making the write-ups know. There are really two factors to consider - legitimacy and timeliness (was maintenance called just before departure rather than when the discrepancy was discovered so as to cause a delay).

Dr. Lee's report as posted has a few holes in it and one has to wonder why that is? Company being cheap? The other hubs data don't support the company's contentions?

Actually, what USA320Pilot posted was Lee's declaration hitting some high points, not his report. Rather than taking as gospel either side's spin here, read his report. It's on the www.cactuspilot.com website - document 019 "Dr Lee Expert Report".

Jim

 

[SparrowHawk]

Thanks Jim,

That answers many questions. Looks like US Management is going to try very hard to B*tch Slap some sense into USAPA or at least their version of sense.

You have to hand it to Jerry Glass as whatever US pays him he earns his keep.

Think he'll get more $$$$ than Parker this year?

 

[nycbusdriver]

Is there not some burden of proof required in federal courts anymore? What proof is there that USAPA is even behind any of this?

Barring that particular "smoking gun," I doubt the judge will rule in favor of the company's petition.

Except for the USAPA's campaign for all pilots to carefully follow the Volant Model that the company has pounded into our brains for, lo, some 10 years plus, and follow company Standard Operating Procedures, Federal Aviation Regulations, our company-issued Pilot Handbook, and our company-mandated Flight Operations Manual, there is nothing to indict USAPA for any conjured up slow down.

There is a clandestine bunch of crap going on through email and phone texting, but I have seen NOTHING that leads me to believe that USAPA is behind it. Pilots are pissed off. Even a lot of east pilots are pissed off at USAPA for not "doing more." Everyone with a computer and a cell phone can start something like this; it's the new paradigm of over-connectedness. The emails and texts could be coming from the same Attorney Joseph in LAgos, Nigeria, who keeps telling me I should help him move $15 million to a bank in the US for him.

Who knows who is doing this? Unless the company can prove that THESE INSTANCES of yet-to-proven delays are at the behest of USAPA, I cannot imagine how a judge could rule in their favor. If said judge does enjoin USAPA, I would love to see if his/her thinking passes appeals court muster.

 

[CallawayGolf]

Is there not some burden of proof required in federal courts anymore? What proof is there that USAPA is even behind any of this?

Barring that particular "smoking gun," I doubt the judge will rule in favor of the company's petition.

Except for the USAPA's campaign for all pilots to carefully follow the Volant Model that the company has pounded into our brains for, lo, some 10 years plus, and follow company Standard Operating Procedures, Federal Aviation Regulations, our company-issued Pilot Handbook, and our company-mandated Flight Operations Manual, there is nothing to indict USAPA for any conjured up slow down.

There is a clandestine bunch of crap going on through email and phone texting, but I have seen NOTHING that leads me to believe that USAPA is behind it. Pilots are pissed off. Even a lot of east pilots are pissed off at USAPA for not "doing more." Everyone with a computer and a cell phone can start something like this; it's the new paradigm of over-connectedness. The emails and texts could be coming from the same Attorney Joseph in LAgos, Nigeria, who keeps telling me I should help him move $15 million to a bank in the US for him.

Who knows who is doing this? Unless the company can prove that THESE INSTANCES of yet-to-proven delays are at the behest of USAPA, I cannot imagine how a judge could rule in their favor. If said judge does enjoin USAPA, I would love to see if his/her thinking passes appeals court muster.

Courts do require proof, but in the case of a status quo violation under the RLA, the Company only needs to prove that a job action is occurring, not that it is directly or indirectly USAPA sponsored. Federal law requires USAPA, as inept and useless as they are, to maintain operational status quo during negotiating periods. If the courts accept Management's data regarding marked deviations from historical standards, then USAPA will be hit with the full force of the injunction and possibly fines and penalties.

As far as the RLA is concerned, the west pilots could engage in the same activity with the direct intent to harm USAPA and the courts could still hold USAPA liable in violation of their duty to maintain the status quo. Claiming individual pilots or unauthorized factions of pilots are beyond the control of the CBA is simply no excuse and the injunction cannot be avoided even if that were the case. USAPA is in way over their heads on this one and I seriously doubt they will figure out a way to mitigate the harm they brought on themselves.

 

[prechilill]

Is there not some burden of proof required in federal courts anymore? What proof is there that USAPA is even behind any of this?

No, USAPA had nothing on 18 of its own pilots except some webboard posts and was successful in getting a trumpted up case thrown out of court- TWICE. Your patron saint Bradford proved you can be as stupid as you want anytime you want when it comes to filing with courts. Of course, the differnece with the company is that their filings actually lead to something unlike your patron saint's court endeavors.
Have a nice afternoon.

 

[Tom Bombadil]

All this over some old coot making a bad judgement, and a group of turds trying to hold on to something they haven't earned or deserve. A union is all about seniority = DOH. You guys sound like a bunch of ass clowns trying to defend NIC.

 

[BoeingBoy]

Is there not some burden of proof required in federal courts anymore? What proof is there that USAPA is even behind any of this?

Ask Jetz about the United pilots refusing to volunteer for overtime, as allowed by their contract. As I recall, that was the primary offense claimed when the judge slapped ALPA with an injunction against illegal work actions.

I think USAPA is going to get a quick education in the responsibilities of being the recognized CBA. It's certainly more than making a lot of promises to a portion of the membership.

Jim

 

[Phoenix]

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[A320 Driver]

3. Similarly, since May 1st, pilot actions have resulted in a 0.6 percentage point increase in Charlotte mainline departures operated by East pilots being cancelled. Put differently, approximately 60% of all Charlotte cancellations since May 1st are attributable to pilot actions. Combined with the 1.0 percentage point increase in cancellations for East mainline flights arriving to Charlotte attributable to pilot actions, this represents an average of 3.8 Charlotte flights per day being cancelled due to pilot actions, or over 400 flights since May 1st.

Wonder why he didn't list the pilot actions that caused the cancellations. He just said "pilot actions". Was it write ups? Was it refusing airplanes, what?
PILOTS DON'T CANCEL FLIGHTS.

I guess we are just going to have to quit writing those suckers up and fly them broken. That may not be the goal, but if the judge signs off on this, that is what he is advocating.

Think about it. If there is a write up and it is so damning that it caused a cancellation, how can you tell me it wasn't legit? So now I can't write up an airplane that has an obvious maintenance deficiency or the judge will come after me???

I can't WAIT to see how this unfolds...

Driver B)

BTW Mr. PHD or whatever you are. "cancelled" didn't pass the spell check.