Unfortunately, here is what the AOL logic looks like....SPIN AND DENIAL:
PHX Domicile Update
Details Created on Monday, 13 January 2014 18:38
Dear Phoenix Pilots,
It’s been an interesting weekend to be sure. This coming week your Phoenix base representatives will be meeting in DFW on Wednesday to have a joint meeting with both APA & USAPA. After that, the BPR will have its own meeting at the hotel we are staying in on Thursday morning. As the announcement says, it is likely this BPR meeting will be “closed.” If you care to stop by, we will be at the Arlington Hilton. As details emerge from this meeting, we will share them with you.
As you know, Judge Silver made her ruling this past Friday. You can read the order HERE, or in the Addington II section of the USAPA Legal Library. If you have not read the ruling in its entirety, we strongly urge you to do so. After we read the ruling, we needed to check our dictionary to fully understand at least one of the descriptive terms used by Judge Silver. Here’s the one we looked up:
Pyrrhic victory – Here it is used in a sentence: “USAPA has succeeded here but it is a Pyrrhic victory.” This is the definition of “pyrrhic victory” from Wikipedia: A Pyrrhic victory is a victory with such a devastating cost that it is tantamount to defeat. Someone who wins a Pyrrhic victory has been victorious in some way; however, the heavy toll (or cost) negates any sense of achievement or profit.
Judge Silver said the following about Pat Szmanski’s efforts in the court room as well:
Pat Szymanski, counsel for USAPA, was the driving force behind the original provision as well as Paragraph 10(h). (Transcript at 86-88). Mr. Szymanksi did not sit for a deposition nor did he testify at trial. But inappropriately during the trial, from the well of the courtroom, Mr. Szymanski tried to offer testimony about why USAPA proposed these provisions. The Court refused to allow Mr. Szymanski to offer unsworn statements about his motivations and invited him to take the stand, testify under oath, and be subject to cross-examination. He declined.2
2 Mr. Szymanski’s actions on this point have been troubling. Pursuant to Arizona….. Mr. Szymanski likely should have withdrawn from this case.
Judge Silver said this about USAPA:
The Court’s patience with USAPA has run out. USAPA avoided liability on the DFR claim by the slimmest of margins and the Court has serious doubts that USAPA will fairly and adequately represent all of its members while it remains a certified representative.
Please be assured that your Phoenix representatives are doing everything within their power to protect the seniority rights of the former America West Pilots as delivered in the agreed upon arbitration process that took place over 7 years ago. As Judge Silver said, “During the course of this case, USAPA employed almost every conceivable delaying tactic.” If you’ve been following our saga, you know that to be a very true statement.
John, Roger & Dave
