Nov/Dec 2013 Pilot Discussion

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Bean counter said: "Mmmmmm, you probably shouldn't lecture about stuff like that when you agree to binding arbitration, but then pack up your toys and go home when you don't get what you want Just sayin'"

We are no longer bound to ALPA merger policy. Asked and answered, Bean.

Your buddy Marty is ditching a sinking ship. You guys need to get ready to sue him.
 
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Hey EOA, are you on the spin committee?  Marty is retiring, did you miss that part?
 
"Marty Harper will represent us as Marty Harper, PLLC as he is retiring from Polsinelli. Andy and Jennifer will remain at Polsinelli and nothing will change other than Marty’s law firm affiliation. Marty is committed to seeing us through to the final resolution of all of our claims and representational issues against USAPA."
 
"I think USAPA has demonstrated that it is the most ineffective, poorly run union group out there."
 
"This whole thing is simply pathetic and more than worthy of the Cranky Jackass Award."
 
 
 
An award worth revisiting to start the new thread.............
 
 
 
I’ve written many times about the US Airline Pilots Association (USAPA), and it’s never been in a good light. This week, the group which represents the pilots at US Airways has once again topped itself by taking out a full page ad in USA Today talking about how US Airways is unsafe. Though there are other groups in the running, I think USAPA has demonstrated that it is the most ineffective, poorly run union group out there. For the misguided representation it provides its pilots, USAPA gets the Cranky Jackass award. This has been a long time coming.
You may already know the story. USAPA was created when the US Airways “East” (pre-merger US Airways) pilots didn’t like the seniority agreement that was decided upon in binding arbitration (yes, “binding” is apparently a loose term) with the US Airways “West” (pre-merger America West) pilots. So they marched off and voted in a new union, casting off the arbitration result. The West pilots didn’t like that (it’s been working its way through the courts), but they didn’t have the numbers to prevent the move. You can read more of the history here. In short, USAPA has done absolutely nothing good for its members, but it wrongly likes to blame US Airways management for its failings.
And that brings us to USAPA’s current strategy . . . try to burn down the company and apparently put all of its members out of a job.
The latest shameful tactic is the taking out of a full page ad in USA Today claiming that US Airways is unsafe. Let’s see. You work for an airline that pays your salary with revenue that comes in the door, and now you’re going to turn around and try to shut off that revenue by falsely claiming your airline is unsafe? Simply pathetic. It’s such a blatant negotiating tactic, but how will the general public react? That’s unclear, though this hasn’t received much press at all considering all the more important “real” news in the aviation world in the last week.
The ad itself used a single pilot incident that happened on June 16 to show the supposed danger of flying the airline. Apparently there was a flight scheduled to cross the Atlantic from Philly that evening and there were a couple of mechanical issues. There are some mechanical issues that aren’t considered crucial to be fixed, and that appears to be the case here, but the captain refused to fly the airplane and then, according to the union, she was escorted out of the airport by corporate security. The next crew refused to fly the airplane as well. Over the next couple hours, some maintenance work was done and the airplane went on its way with a third crew.
This is why the union says US Airways is an unsafe airline. It says the airline is intimidating its pilots and pushing them to fly even if it’s not safe. Then if they refuse, it has security remove them. Sounds bad, right? Too bad it’s a crock.
Now, regarding the mechanical incident itself, I don’t know whether the captain did the right thing by refusing to fly the airplane. I do know that the FAA found US Airways did nothing wrong. Here’s the statement:

The FAA manager assigned to the US Airways certificate reviewed the June 16, 2011 incident. The APU shutdown the aircraft experienced is a failure that pilots are well aware can happen and that they are trained to recognize. The battery apparently was depleted by attempts to restart the APU. Flying an aircraft with an inoperative APU is not an unusual event and normally poses no safety issues when proper limitations are applied. The Captain simply chose to exercise her pilot-in-command authority of not accepting an aircraft. Our information indicates that US Airways followed their approved MEL procedures, and all maintenance procedures were followed in accordance with the operator’s approved maintenance program. We found no violations of Federal Aviation Regulations.

That being said, if a captain doesn’t feel comfortable flying an airplane, then it’s his or her right to deny it. The problem arises when that privilege is abused just to delay or cancel flights without good reason. I’m not saying that happened here. I don’t know, and frankly, it’s not central to my point. I have no problem in theory with her walking away from the flight.
But why would security come escort the captain from the airport? USAPA wants you to believe it’s because she refused to fly the airplane. Not quite. According to US Airways, “the Captain was escorted out of the airport by corporate security (after being released from duty) not for her refusal to fly but for her comments made to customers regarding the safety of the aircraft.” Unfortunately, I don’t know details about what she said to the passengers, but it was apparently highly inappropriate. See more in this a.net discussion. I would have had her carted off the airplane as well.
In reality, there is nothing pointing to US Airways being unsafe but rather more evidence of the airline having good safety practices. It recently passed the IATA Operational Safety Audit, for example. But that won’t stop the union from trying to sully the airline’s reputation. (Get it? Sully? I crack myself up.)
In the end, USAPA simply wants to damage US Airways as if this will somehow convince the airline to throw a ton of money at the union and solve all its problems. Unfortunately, the union needs to solve its own problems regarding seniority before it can even be ready to talk to management, and it doesn’t seem any closer to doing so. I feel really bad for those pilots who never even wanted this union to represent them in the first place. This whole thing is simply pathetic and more than worthy of the Cranky Jackass Award.
 
Thanks to Johosofat for the excellent Cranky Jackass Award
 
http://crankyflier.com/2011/07/28/us-airways-pilots-union-earns-a-long-overdue-cranky-jackass-award-for-using-safety-as-a-negotiation-tactic/
 
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Case No. 2:13-cv-00471-ROS
PLAINTIFFS’ MOTION TO STRIKE
DEFENDANT USAPA’S MOTION TO
INCLUDE THE DECLARATION OF
GARY HUMMEL
 
Excerpts:
 
Once again, USAPA has demonstrated to the Court that it cannot understand or respect this Court’s orders, whether from seven days ago or last October.
 
 
Although USAPA continues to assert that “Mr. Hummel was medically unable to testify by telephone on October 23, 2013”, it has provided no evidence to the Court from Captain Hummel’s surgeon that this was the case. It is directly contrary to what Dr. Gleason told the Court and Plaintiffs’ counsel during the call held on October 17, 2013.
It is also inconsistent with Captain Hummel having the capacity to provide a detailed fourteen-page long declaration two days later.
 
USAPA was afforded several opportunities by the Court to establish, via a
physician, that Captain Hummel was unable to testify. It failed to do so, after which the Court provided specific guidance on how additional testimony “might be provided.”Instead of following the Court’s directive, USAPA now demands the Court allow Captain Hummel’s “declaration”, which is nothing more than an attempt by counsel to include
evidence not admitted at trial so that USAPA can make a closing argument on evidence that is not in the record. It is also a blatant attempt to undermine the credibility of Plaintiffs’ witnesses, without allowing Plaintiffs’ to spontaneously cross-examine Captain Hummel or give the Court the opportunity to judge Captain Hummel’s credibility.
 
USAPA’s attempt to take advantage of Captain Hummel’s illness is yet another, in a very long line, of unethical and untrustworthy behavior by USAPA and its counsel.
 
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The bottom line........doc 257:
 
"As shown to the Court at trial, USAPA will do anything it possibly can to avoid a resolution on the merits of this litigation. This latest attempt, which is a blatant violation of the Courts rulings on these issues, is simply a further extension of this attitude and underscores the need for the Court to make a swift determination on this Motion. It also demonstrates that the Court must unequivocally order that USAPA use the Nicolau Award because USAPA has shown the Court that it cannot be trusted to act in an ethical or fair way towards the West Pilots. Plaintiffs respectfully request the Court strike USAPAs Motion."
 
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MUTATIS MUTANDIS said:
Gary's declaration is very interesting!
Did not read it...I thought he was too I'll to do any work for the scab union at this time.

I guess not, because he also put out a couple of updates, one I find interesting is that both LCC and AMR oppose allowing the scab union to file amicus briefs with the court in the DOJ lawsuit.

Too funny! Once again uscaba proves nobody cares what opinion a bunch of whining malcontent scabs have to offer!


Did read Bill Glynn's recap of the Addington trial.....only one comment...the reason we call you SCAB is ...well....because you are SCABS....USAPA=SCAB.... Can't make it any plainer than that!

Oh, one more thing.....the Nic is still the only combined system seniority list for all LCC pilots.
 
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Snap, the only weakness to your position is the implicit assumption.

P.S. How come PositiveNellie ain't so positive anymore?
 
I expect the IRS will dig a little deeper after convicting Charles Davis of tax fraud. They might be curious of the Pilot's Association with US Airlines. Just a guess.



Carolina Taxpayers Also Cautioned About Tax Preparer Fraud and Other Illegal Tax Schemes

CHARLOTTE, NC - With the deadline for filing income tax returns rapidly approaching, Anne M. Tompkins, U.S. Attorney for the Western District of North Carolina, and Jeannine A. Hammett, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division (IRS-CID), jointly announce recent tax fraud prosecutions and sentencings, and deliver a powerful warning to those who are thinking about breaking the law by committing tax crimes.

As April 15th approaches, honest taxpayers should rest assured: our office will work diligently to investigate and prosecute those individuals who try to cheat the tax system, said U.S. Attorney Tompkins. Whether dishonest taxpayers fail to report all of their income, attempt to obtain fraudulent refunds, or prepare bad tax returns for others, Tompkins continued, they face lengthy sentences and large fines. Tompkins noted the importance of deterring others from committing tax crimes stating, Our tax system is built on voluntary compliance, and tax criminals hurt all Americans by increasing the tax burden on honest taxpayers and refusing to pay their fair share.

The IRS fosters confidence in the American tax system through the investigation and prosecution of individuals and corporations who intentionally conceal income and evade taxes, stated Charlotte Field Office Special Agent in Charge Jeannine A. Hammett, IRS Criminal Investigation. Tax evasion is not a victimless crime. Honest, hardworking Americans pay the price when others choose to evade their tax obligations.

In the last year, the U.S. Attorneys Office, with the assistance of the IRS-CID, has prosecuted numerous individuals for criminal tax violations. Case highlights from the Western District of North Carolinas tax enforcement prosecutions over the last year include:

Charles A. Davis - On September 10, 2012, Charles A. Davis, formerly of Mooresville, N.C., was sentenced to 10 years in prison for tax fraud. Davis, who was a pilot for U.S. Airways from 1983 through 2011, was convicted following trial of ten counts of filing false tax returns and one count of corruptly impeding the due administration of the IRS. Davis did not file timely income tax returns for 1996 through 2007 despite receipt of wages ranging from $129,950 to $190,510. Davis subsequently filed fraudulent amended income tax returns for 1996 through 2000, falsely claiming that he earned little or no adjusted gross income, and he later filed five fraudulent individual income tax returns for 2004 through 2008, reporting false amounts of federal income tax withheld for each of those years and requesting fraudulent refunds from the IRS in amounts up to approximately $1.5 million. (Case No. 5:11-cr-32)
 
snapthis said:
"I think USAPA has demonstrated that it is the most ineffective, poorly run union group out there."
 
"This whole thing is simply pathetic and more than worthy of the Cranky Jackass Award."
 
 
 
An award worth revisiting to start the new thread.............
 
 
 
I’ve written many times about the US Airline Pilots Association (USAPA), and it’s never been in a good light. This week, the group which represents the pilots at US Airways has once again topped itself by taking out a full page ad in USA Today talking about how US Airways is unsafe. Though there are other groups in the running, I think USAPA has demonstrated that it is the most ineffective, poorly run union group out there. For the misguided representation it provides its pilots, USAPA gets the Cranky Jackass award. This has been a long time coming.
You may already know the story. USAPA was created when the US Airways “East” (pre-merger US Airways) pilots didn’t like the seniority agreement that was decided upon in binding arbitration (yes, “binding” is apparently a loose term) with the US Airways “West” (pre-merger America West) pilots. So they marched off and voted in a new union, casting off the arbitration result. The West pilots didn’t like that (it’s been working its way through the courts), but they didn’t have the numbers to prevent the move. You can read more of the history here. In short, USAPA has done absolutely nothing good for its members, but it wrongly likes to blame US Airways management for its failings.
And that brings us to USAPA’s current strategy . . . try to burn down the company and apparently put all of its members out of a job.
The latest shameful tactic is the taking out of a full page ad in USA Today claiming that US Airways is unsafe. Let’s see. You work for an airline that pays your salary with revenue that comes in the door, and now you’re going to turn around and try to shut off that revenue by falsely claiming your airline is unsafe? Simply pathetic. It’s such a blatant negotiating tactic, but how will the general public react? That’s unclear, though this hasn’t received much press at all considering all the more important “real” news in the aviation world in the last week.
The ad itself used a single pilot incident that happened on June 16 to show the supposed danger of flying the airline. Apparently there was a flight scheduled to cross the Atlantic from Philly that evening and there were a couple of mechanical issues. There are some mechanical issues that aren’t considered crucial to be fixed, and that appears to be the case here, but the captain refused to fly the airplane and then, according to the union, she was escorted out of the airport by corporate security. The next crew refused to fly the airplane as well. Over the next couple hours, some maintenance work was done and the airplane went on its way with a third crew.
This is why the union says US Airways is an unsafe airline. It says the airline is intimidating its pilots and pushing them to fly even if it’s not safe. Then if they refuse, it has security remove them. Sounds bad, right? Too bad it’s a crock.
Now, regarding the mechanical incident itself, I don’t know whether the captain did the right thing by refusing to fly the airplane. I do know that the FAA found US Airways did nothing wrong. Here’s the statement:

The FAA manager assigned to the US Airways certificate reviewed the June 16, 2011 incident. The APU shutdown the aircraft experienced is a failure that pilots are well aware can happen and that they are trained to recognize. The battery apparently was depleted by attempts to restart the APU. Flying an aircraft with an inoperative APU is not an unusual event and normally poses no safety issues when proper limitations are applied. The Captain simply chose to exercise her pilot-in-command authority of not accepting an aircraft. Our information indicates that US Airways followed their approved MEL procedures, and all maintenance procedures were followed in accordance with the operator’s approved maintenance program. We found no violations of Federal Aviation Regulations.

That being said, if a captain doesn’t feel comfortable flying an airplane, then it’s his or her right to deny it. The problem arises when that privilege is abused just to delay or cancel flights without good reason. I’m not saying that happened here. I don’t know, and frankly, it’s not central to my point. I have no problem in theory with her walking away from the flight.
But why would security come escort the captain from the airport? USAPA wants you to believe it’s because she refused to fly the airplane. Not quite. According to US Airways, “the Captain was escorted out of the airport by corporate security (after being released from duty) not for her refusal to fly but for her comments made to customers regarding the safety of the aircraft.” Unfortunately, I don’t know details about what she said to the passengers, but it was apparently highly inappropriate. See more in this a.net discussion. I would have had her carted off the airplane as well.
In reality, there is nothing pointing to US Airways being unsafe but rather more evidence of the airline having good safety practices. It recently passed the IATA Operational Safety Audit, for example. But that won’t stop the union from trying to sully the airline’s reputation. (Get it? Sully? I crack myself up.)
In the end, USAPA simply wants to damage US Airways as if this will somehow convince the airline to throw a ton of money at the union and solve all its problems. Unfortunately, the union needs to solve its own problems regarding seniority before it can even be ready to talk to management, and it doesn’t seem any closer to doing so. I feel really bad for those pilots who never even wanted this union to represent them in the first place. This whole thing is simply pathetic and more than worthy of the Cranky Jackass Award.
 
Thanks to Johosofat for the excellent Cranky Jackass Award
 
http://crankyflier.com/2011/07/28/us-airways-pilots-union-earns-a-long-overdue-cranky-jackass-award-for-using-safety-as-a-negotiation-tactic/
Excellent source there Snappy. Crackpots quoting crackpots.
 
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nic4us said:
Did not read it...I thought he was too I'll to do any work for the scab union at this time.
I guess not, because he also put out a couple of updates, one I find interesting is that both LCC and AMR oppose allowing the scab union to file amicus briefs with the court in the DOJ lawsuit.
Too funny! Once again uscaba proves nobody cares what opinion a bunch of whining malcontent scabs have to offer!
Did read Bill Glynn's recap of the Addington trial.....only one comment...the reason we call you SCAB is ...well....because you are SCABS....USAPA=SCAB.... Can't make it any plainer than that!
Oh, one more thing.....the Nic is still the only combined system seniority list for all LCC pilots.
Ask Marty about the sinking ship he booked you a cruise on. The end is near!
 
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