US pilot labor thread 7/13-7/20

[hp_fa]

If you don't mind, let me step in a second and clear something up. The federal judge did not rule on evidence. There was no evidentiary hearing. Rather, the judge dismissed the first two counts, with prejudice, because the pleadings did not even allege a factual basis for for the suit to proceed. The judge declined to allow further amendment to the suit, even though the law generally allows for liberal amending of pleadings, because there was no way the factual pattern presented could meet the requirements of pleading those first two causes of action. In plain terms the two causes of action that were dismissed with prejudice were legally so infirm that they were unsalvagable.

(BTW, I was typing this while NYCbusdriver was typing his response.)

 

[sharktooth]

That would be North Carolina Federal court. Where USAPA spent well over $100,000 of association money to sue west pilots. However reading the complaint and looking at all of the evidence the federal judge threw the case out "with prejudice"

This is from the requested temporary restraining order. At the bottom, number three is the requested action. If you will notice it asks a federal judge to issue a TRO against each and every captain in the US. "access to jump seat on aircraft operated by any commercial carrier". USAPA is so arrogant that they want to deign every captain in the US his "captains authority" to decide who sits on his jump seat.

Hope that answers your questions.

Thanks but it sounds to me like you are trying to make a case that does not seem to be there.

IANAL, but it seems to me that 1. They are trying to make a case that USAPA members are subject to discrimination solely based on their union affiliation, and 2. that AWWAPPA seems to be serving as a node for encouraging such amongst "west pilots" but also contacting other carriers and advocating that they participate in the same discriminatory action.

I believe the TRO, like in every other action involving discrimination, simply states that membership in USAPA is not a cause to deny jumpseat and not, as you infer, a requirement to take a pilot simply because they are a member of USAPA.

Either you completely missed the point or are disingenuously trying like heck to stir up trouble.

 

[Low&away]

What could have been... If only the east was capable of honoring their own word:

http://www.thestreet.com/_yahoo/newsanalys...E&cm_ite=NA

The DAL/NWApilots are going to decide the open issues unsettled in their negotiations through arbitration. I really think history will not treat you easties too kindly, given the path of self destruction and futile unreasonableness you have chosen. Your actions since May, 2007 certainly have been fitting for a collection of individuals which could probably be described with words like radical, irrational and dysfunctional. These three descriptors are why the west was so successful in our seniority arbitration, why your MDA suit and more recently your falsified RICO claims were thrown out in court. It is time for some self reflection of yourselves. You guys are blind to your own reality.

I believe you were successful because there was so much disparity between lists. In other words you were ahead before the arbitration proceedings began. Seniority disparity was the West's best friend and the East's worst enemy. IMO that fact played more of a role in the outcome then the talent of your counsel. Needless to say there were other factors but we were 0-2 before we stepped in the batters box. Don't delude yourself. Take credit where credit is due.

 

[nycbusdriver]

I really think history will not treat you easties too kindly, given the path of self destruction and futile unreasonableness you have chosen.

Well, like it or not, the reality is that YOU are along for whatever ride is in store for all of the US Airways pilots. Have a voice, or not. I care not one whit. In fact, I don't care if you don't fasten your seat belt and get tossed out on the inside loop!

 

[nostradamus]

"By now you may have heard about the AWAPPA recommendations regarding USAPA membership. The Leonidas LLC Board of Directors would like to affirm this decision."

awappa recommendations, click here

 

[nycbusdriver]

awappa recommendations, click here

Somebody just blinked.

:blink:

 

[nostradamus]

Somebody just blinked.

:blink:

I would not categorize this as blinking. I would say this is a delayed intelligent reaction to the situation.

 

[boeingplt]

I would not categorize this as blinking. I would say this is a delayed intelligent reaction to the situation.

From Leonidas:

Should the union choose to reject your membership application, you will not be required to pay even the “agency shop fees.â€￾

Wrong!



From Leonidas Letter

I am sending this letter with my USAPA Membership Application to clarify my opposition to
Section 8. D. of the USAPA Constitution and Bylaws, which states as an objective of USAPA,
“To maintain uniform principles of seniority based on date of hire and the perpetuation thereof,
with reasonable conditions and restrictions to preserve each pilot’s un-merged career
expectations.â€￾ In this regard I am unwilling to abide by USAPA’s Constitution and Bylaws.

From USAPA Constitution

E. Members of the Association shall accept and agree to abide by the Constitution and Bylaws of the339 USAPA as they are in force or as they may be amended, changed, or modified in accordance with the
340 provisions of this Constitution and Bylaws.