June - US Pilots Labor Discussion

[OTTER574]

No, I don't think I am. What I have said is that even though I didn't vote for them and I would have taken a different road fighting the Nic, I have to be honest and say that at my seniority the delay has benefited me more than just accepting the Nic and a Kirby contract. At least that's what I meant to say, not interested in looking it up. Feel free.

pi brat, Will APA/union, endorse usapa's corrupt benefit to self proclaimed-entitled-east pilots...yes or no?

OTTER

 

[mrbreeze]

You count sitting in the back with blinders on/sleeping as TRUE flight time breeze?

OTTER

Any time that I put in for this company is true time. I have enough time logged that "true" time is not a factor anymore.

Once again, you dance around and do not address the current issues. What is your point? If this is some vague reference to time spent in the A320, I lived in that cockpit for 8 yrs before returning to the 767.

Actually, I couldn't care less about your point and am off to bed. If you want to start a pissin' match about time spent in the cockpit, by all means, go ahead. But you will lose, just like in your other posts.

breeze

 

[Pi brat]

pi brat, Will APA/union, endorse usapa's corrupt benefit to self proclaimed-entitled-east pilots...yes or no?

OTTER

Try putting that in a comprehensible form and I will try to answer.

 

[OTTER574]

Any time that I put in for this company is true time. I have enough time logged that "true" time is not a factor anymore.

Once again, you dance around and do not address the current issues. What is your point? If this is some vague reference to time spent in the A320, I lived in that cockpit for 8 yrs before returning to the 767.

Actually, I couldn't care less about your point and am off to bed. If you want to start a pissin' match about time spent in the cockpit, by all means, go ahead. But you will lose, just like in your other posts.

breeze

You should be off to bed breeze. Oh, you're very special, you sitting in the back and all. RO/title/pilot.

Like I told steve bradford...Don't try and STEAL anything FROM ME and MY FAMILY when he formed corrupt usapa.

Your daughter noted and my cancer included.


OTTER

 

[OTTER574]

Try putting that in a comprehensible form and I will try to answer.

If we become the new American...Will APA/CBA enforce and endorse usapa's past corruption pi brat?

OTTER

 

[luvthe9]

If we become the new American...Will APA/CBA enforce and endorse usapa's past corruption pi brat?

OTTER

Give it a rest Otter. USAPA is not corrupt. Just because you can t realize the Nic is nobody's fault but yours.you should have backed down at WYE. Johnny Mac totally misread East pilots and he actually founded USAPA not Bradford. Thank him.

 

[OTTER574]

Give it a rest Otter. USAPA is not corrupt. Just because you can t realize the Nic is nobody's fault but yours.you should have backed down at WYE. Johnny Mac totally misread East pilots and he actually founded USAPA not Bradford. Thank him.

The usapa corruption may hopefully soon be dead.

luvthe9, you enjoyed those extra payments/rat hole to a corrupt union?

Have you found the download for the APA application yet?

You think your LOA 93 contract/bk rates are going to impress APA?

OTTER

 

[N903AW]

Be advised, there are many of us on this board with years of experience in the Airbus.

breeze

America West Airlines had an Airbus fleet years before US Airways took delivery of their first, so I take it you are referring to the experience of the West Airbus Captains, right?

 

[N903AW]

Be advised, there are many of us on this board with years of experience in the Airbus.

Your arguements are weak.

breeze

America West Airlines had an Airbus fleet long before US Airways took delivery of their first. So when you refer to "experienced" Airbus pilots, you're talking about the West group, right?

 

[OTTER574]

America West Airlines had an Airbus fleet years before US Airways took delivery of their first, so I take it you are referring to the experience of the West Airbus Captains, right?

Yeah, also including the A320/A-1's from the desert/braniff.

West/Our nickname was SPARKY for a reason...It didn't like electrical power changes.

OTTER

 

[USA320Pilot]

US Airways IP Chris Lazear vs. USAPA - 3:12-cv-00210-FDW-DSC: June 18, 2012

U.S. District Court​

Western District of North Carolina

Notice of Electronic Filing

The following transaction was entered on 6/18/2012 at 6:56 PM EDT and filed on 6/18/2012

Case Name: Lazear v. US Airline Pilots Association et al
Case Number: 3:12-cv-00210-FDW-DSC
Filer:
WARNING: CASE CLOSED on 06/18/2012
Document Number:
No document attached Docket Text:

TEXT-ONLY ORDER denying [7] Motion to Alter Judgment; granting [7] Motion to Remand Text of Order: THIS MATTER is before the Court upon Plaintiffs Motion to Remand (Doc. No. 7) and Motion for Attorneys Fees (Doc. No. 8). Plaintiff originally filed a complaint in the North Carolina General Court of Justice, Superior Court Division, which Defendant removed to this Court (Doc. No. 1). The removal notice cites the Labor Management Relations Act (LMRA), 29 U.S.C. § 185; however, Defendants Response in Opposition to the Motion to Remand (Doc. No. 13) does not. The LMRA applies only to uits in violation of contracts between an employer and a labor organization, and the instant case is between an employee and a labor union. In Defendants Response in Opposition to Remand (Doc. No. 13), Defendant instead relies on the Railway Labor Act (RLA), 45 U.S.C. § 151. Plaintiff has not pled any violation of the RLA or any other federal law, and Plaintiff does not plead a violation of the duty of fair representation.

Instead, Plaintiff only pleads state law claims, such as negligence, trover and conversion, fraud, constructive fraud, embezzlement, larceny, and civil conspiracy (Doc. No. 1). Under the well-pleaded complaint rule, the Court cannot look to anticipated defenses in assessing subject matter jurisdiction. See Rivet v. Regions Bank of La., 522 U.S. 470 (1998). However, under the artful pleading doctrine, a plaintiff may not defeat federal subject matter jurisdiction by artfully pleading his complaint as if it arises under state law when the suit is, in essence, based on federal law. Id. at 475-76. The artful pleading doctrine only allows removal where federal law completely preempts a state law claim. Id. The Supreme Court has only found three statutes to have the extraordinary preemptive force to support complete preemption: the LMRA, the Employment Retirement Income Security Act (ERISA), 29 U.S.C. § 1132, and the National Bank Act, 12 U.S.C. §§ 85-86.There is a circuit split on the issue of complete preemption under the RLA, and the Fourth Circuit has not yet spoken on the issue, but most circuits have found compete preemption is not present. See Sullivan v. Am. Airlines, 424 F.3d 267 (2d Cir. 2005) (finding no complete preemption under the RLA); Roddy v. Grand Trunk W.R., Inc., 395 F.3d 318, 326 (6th Cir. 2005) (same); Geddes v. Am. Airlines, Inc., 321 F.3d 1349, 1357 (11th Cir. 2003) (same); Ry. Labor Executives Assn v. Pittsbursh & Lake Erie R.R. Co., 858 F.2d 936, 942-43 (3d Cir. 1988) (same); but see Graf v. Elgin, Joliet & E. Ry. Co., 790 F.2d 1341, 1344-47 (7th Cir. 1986) (finding complete preemption under the RLA); Deford v. Soo Line R.R. Company, 867 F.2d 1080, 1085 (8th Cir. 1989) (same, but the Second Circuit, in Sullivan, 424 F.3d at 278, stated that the Eighth Circuits ruling was based on an inaccurate observation); cf. Lontz v. Tharp, 413 F.3d 435 (4th Cir. 2005) (finding that state wrongful discharge claims are not completely preempted by the National Labor Relations Act, 29 U.S.C. §§ 157, 158).

Furthermore, the crux of Plaintiffs claims have nothing to do with the collective bargaining agreement, but instead seek to recover money that was incorrectly accounted. See Hawaiian Airlines, Inc. v. Norris, 512 U.S. 246 (1994) ([T]he RLA's mechanism for resolving minor disputes does not pre-empt causes of action to enforce rights that are independent of the [collective bargaining agreement].).Therefore, the Court finds complete preemption is not present under the RLA, and the above-captioned case is HEREBY REMANDED to the General Court of Justice, Superior Court Division, Mecklenburg County, North Carolina. So Ordered. Entered by District Judge Frank D. Whitney on 6/18/2012. (rf)

 

[USA320Pilot]

US Airways East IP Chris Lazear filed a lawsuit against USAPA. Lazear claimed USAPA engaged in a campaign of trover and conversion, fraud, constructive fraud, embezzlement, larceny, and civil conspiracy because of their dues collection policy, dues handling, and Section 29 actions.

USAPA and Secretary/Treasurer Rob Streble attempted to have the case hear in Federal Court, but USAPA’s attorneys lost their removal to federal and remanded the case back to State Court. Lazear is represented by US Airways pilot and lawyer Drew Riolo.

In the court’s text order the judge agreed with Attorney Riolo that this is a state claim to determine what USAPA and Streble did with Lazear’s money is illegal or not. The judge agreed the case will be remanded back to state Court and the parties can proceed with discovery. Apparently, the trial should occur before the end of the year.

 

[OTTER574]

US Airways East IP Chris Lazear filed a lawsuit against USAPA. Lazear claimed USAPA engaged in a campaign of trover and conversion, fraud, constructive fraud, embezzlement, larceny, and civil conspiracy because of their dues collection policy, dues handling, and Section 29 actions.

USAPA and Secretary/Treasurer Rob Streble attempted to have the case hear in Federal Court, but USAPA’s attorneys lost their removal to federal and remanded the case back to State Court. Lazear is represented by US Airways pilot and lawyer Drew Riolo.

In the court’s text order the judge agreed with Attorney Riolo that this is a state claim to determine what USAPA and Streble did with Lazear’s money is illegal or not. The judge agreed the case will be remanded back to state Court and the parties can proceed with discovery. Apparently, the trial should occur before the end of the year.

The usapa founders were into delay tactics from the get-go against the WEST with noted company appeasement.

Hard to imagine how this will get much traction when usapa is DEAD, hopefully soon btw.

Kicking a dead usapa CORPSE/MULE comes to mind.

OTTER

 

[OTTER574]

I'm liking a 3-way more and more!

Don't choke yet eastus1/bradford/ect!

The NIC is the only legal list going forward with a joint contract with COMPANY. Accepted and paid for by them.

Legality has my paid for cba in a problem going forward. The usapa CORRUPTION will be front and center presented to neutral arbitrators hearing AWA/AAA/AA for a CLI.

Like I said before, some on the east may beg for the NIC.

My contacts tell me, we've a VERY COMPETENT team btw, set up to enforce our contract and show exactly/tactics why corrupt usapa was formed. Damage is well documented by us westies.

Smartly, APA will take a pass on stated usapa union corruption/known DFR.

NIC will be shown and enforced by arbitrators/company/SILVER.

The company's billion dollar savings cannot hide behind crew news this time easties.

OTTER

 

[luvthe9]

What is the opinion of USAPA co founder John McIlvenna? After all, he helped start USAPA when he knew what would happen after WYE. You guys never talk that up.you always blame East pilots for McIlvennas work.