From: Chip Munn
Date: April 13, 2014 at 9:08:07 PM EDT
To: Pilot Action
Subject: [PILOTACTION] From Attorney and PHX-based Pilot Mark Doyal's Perch...
Reply-To: Chip Munn
Today I read two interesting message board posts published on The Hangar forum by attorney and PHX-based pilot Mark Doyal that I thought was interesting and is something I believe we should all consider. Here they are:
Post #1:
When APA is granted SC, usapa will not be able to represent anyone. You understand that, right?
Usapa has never represented the west. You know this, but like to say they do, and suggest the west get rid of usapa if they don't like it. You know this to be impossible, but like to throw it out there to get a dig in. Enjoy that, but that will end soon.
We've seen some unusual twists in this sad saga, but I just don't see usapa getting around Judge Silver through a D.C court. At most, it will delay things for a few months. Meanwhile, the co. and APA will just sit back and wait until that is finished. Usapa agreed to a process outlined in the MOU, and that is controlling. Since usapa, as usual, created the first breach of the MOU, the co. and APA have no requirement to do anything with usapa. Even usapa's legal update appears to recognize this. Usapa just can't go to another district court and sue for a different outcome. Look up "Judicial Estoppel" and see for yourself. If you disagree, maybe you can explain "why".
You've stated clearly, at least in one prior post, that you believe the west should be granted equal footing in the upcoming SLI. Good. But that is in direct defiance of usapa.
BTW, you keep bringing up a perceived contradiction in the west's position about attending negotiations. It's this simple, as long as usapa IS the legal bargaining agent, the west cannot negotiate with usapa. Think about that. Under MB, which the MOU adopts, the west can be considered an employee "group", which means the west can be granted separate status. And this will also allow the APA to create a separate east status group, and all groups can attend the arbitration.
But, and I'll say it again, the west cannot negotiate with usapa, as usapa is by definition (and definition only) their cba. Until usapa is decertified, that is. Once the east is regulated to just a separate class, then it won't be a problem. There is no inconsistency here.
Post #2:
I freely admit I've been overconfident in the court system working efficiently and making clear cut rulings. But, so far the west hasn't be wrong. Since the DFR over the Nic against usapa won't happen, usapa's avoidance of DFR is merely because of the highly unique circumstances presented to usapa. If not for the merger, usapa would be facing a DFR, if they ever could get the company to agree to a non nic list. The good news is that the co. and APA have zero interest in helping usapa get away from the "bank" with their ill gotten goods.
Regards,
Chip