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2014 Pilot Discussion

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snapthis said:
 
USAPA has never been free and never will be free to extract the maximum benefits for the East Pilots, regardless of the cost to the West Pilots. Judge Silver
 
 
How much did that earth shattering revelation cost you?  :lol:  
 
That is right up there with "If you want to see a merger with American Airlines, according to the terms of the MOU, then vote yes.  Sincerely, Leonidas, LLC.  🙂
 
A320 Driver said:
You mean your ops guys don't hide out in bag rooms and eavesdrop on private conversations to gather dirt on the pilot group? What kind of management is that??  🙂
 
It appears from the new bid that Super Scoop is going back to the line.  I guess they couldn't find another do-nothing job for him in the front office.  He will be welcomed by all, no doubt.
 
Mach85ER said:
Observations from the AA side. The Director of Flight position came out about 10 years ago. Used to be Chief and Assistant Chief positions. Rumor/Recollection is it was done to get head Chiefs on equal footing with other corporate groups who had "Directors" of potted plants running around. To me and every other pilot, it's still a Chief and Assistant Chief position. No big deal to the cockpit. I have zero personal knowledge of your new PHL Chief from AA. I will say that our LGA (LGA/JFK/EWR flying) guys are unaminous is saying that it is a loss for the AA pilots and a gain for the USAirways pilots in PHL. I haven't heard one negative statement regarding him. Although not perfect, and they are still management, there seems to be a general opinion the the AA Directors of Flight and Chiefs are pretty decent. There are always exceptions, but anyone in that group or the Check Airman group seems to get exiled back to the line if they get a overzealous rep or considered a problem child by the pilots. I personally can't complain, they could have been 1000% worse during the last very contentious 10 years. They stayed out of most fights and focused on running a safe operation. I think you'll like the head Chief (VP) Hale. Although he had to spit out the company line as a Corporate Officer, he has helped many guys when they need it and led the other Chiefs in doing so. Very personable guy. Last VP was a total empty suit. If you need help, tough "mierda". We'll all still get the brochures and motivational pep talks to work more for less, but if you needed help in some form, especially with family, my guess is you'll get it.
Thanks for the info.
 
Mach85ER said:
Observations from the AA side.
 
The Director of Flight position came out about 10 years ago. Used to be Chief and Assistant Chief positions. Rumor/Recollection is it was done to get head Chiefs on equal footing with other corporate groups who had "Directors" of potted plants running around. To me and every other pilot, it's still a Chief and Assistant Chief position. No big deal to the cockpit.
 
I have zero personal knowledge of your new PHL Chief from AA. I will say that our LGA (LGA/JFK/EWR flying) guys are unaminous is saying that it is a loss for the AA pilots and a gain for the USAirways pilots in PHL. I haven't heard one negative statement regarding him.
 
Although not perfect, and they are still management, there seems to be a general opinion the the AA Directors of Flight and Chiefs are pretty decent. There are always exceptions, but anyone in that group or the Check Airman group seems to get exiled back to the line if they get a overzealous rep or considered a problem child by the pilots. I personally can't complain, they could have been 1000% worse during the last very contentious 10 years. They stayed out of most fights and focused on running a safe operation.
 
I think you'll like the head Chief (VP) Hale. Although he had to spit out the company line as a Corporate Officer, he has helped many guys when they need it and led the other Chiefs in doing so. Very personable guy. Last VP was a total empty suit. If you need help, tough "mierda".
 
We'll all still get the brochures and motivational pep talks to work more for less, but if you needed help in some form, especially with family, my guess is you'll get it.
[SIZE=medium]That’s reassuring to hear.  Thank you for the input.[/SIZE]
[SIZE=medium]Bean[/SIZE]
 
nycbusdriver said:
 
It appears from the new bid that Super Scoop is going back to the line.  I guess they couldn't find another do-nothing job for him in the front office.  He will be welcomed by all, no doubt.
I saw that. Looks like he ran out of sponsors.
 
 
 
From   MARTY HARPER PLLC
12817 North 14th Drive
Phoenix, Arizona 85029
46787816.6
 
 
January 21, 2014 Marty Harper
(602) 738-8007
mharperpllc@gmail.com
Via Electronic Mail
 
TO Brian O’Dwyer
 
General Counsel, USAPA
O’Dwyer & Bernstien, LLP
Paul O’Dwyer Way
52 Duane Street
New York, New York 1007
bodwyer@odblaw.com
 
Re: Seniority Integration Process
 
Brian,
 
Judge Silver’s order unequivocally finds that the certified bargaining representative for
the West Pilots, whether it be USAPA or APA, must “‘make every effort to see that [the West
Pilots’] are given extensive consideration, and that their interests are fully and fairly represented’
during seniority integration.” Order at 21:9 to 21:10 (Doc. 298). Although she narrowly found
that USAPA did not breach the duty of fair representation owed to the West Pilots in agreeing to
the MOU, she cautioned that USAPA’s current position on its ability to represent East and West
Pilots in the upcoming seniority integration process with American is “unwise” and that she has
“serious doubts that USAPA will fairly and adequately represent” the West Pilots. Id. at 20-21.
 
Once again, we urge USAPA to act as a responsible union and acknowledge the inherent conflict
it has with the West Pilots on the issue of seniority. As Judge Silver clearly understood,
USAPA’s appointment of two West Pilots to its Merger Committee does not satisfy its
obligations to the West Pilots or somehow negate the inherent conflict between USAPA and the
West Pilots on the issue of seniority.
 
The West Pilots maintain, as they have since the MOU was ratified, that the only way
they can be “fully and fairly represented” in any seniority integration process is by an
independent committee of their own choosing. Judge Silver’s order establishes that this is the
only clear path forward for USAPA to avoid breaching its duty of fair representation to the West
Pilots. Indeed, any attempt to negotiate a seniority list that ignores the Nicolau Award or the
West Pilots interests thereunder would violate the extensive consideration that the West Pilots’
interests are to be afforded under McCaskill-Bond and Judge Silver’s order. As Judge Silver
cautioned USAPA back in October 2012, “[a]n impartial arbitrator’s decision regarding an
appropriate method of seniority integration is powerful evidence of a fair result.” Case 2:10-cv-
01570-ROS, Doc. 193.
 
As detailed in our initial memorandum to the Court regarding McCaskill-Bond, filed last
May, the West Pilots propose that USAPA establish separate East and West merger committees
to arbitrate the seniority of former US Airways pilots. A decision by a neutral arbitrator, with
each side represented by a committee and counsel of their own choosing, is the only way for
USAPA’s to satisfy its DFR obligations to the West Pilots.
 
Accordingly, the West Pilots propose the following specifics for this arbitration:
 
1. The parties to this arbitration shall be a committee of 3 to 5 East Pilots
appointed by USAPA or the East BPR members to represent East Pilot
interests (the “East Committee”) and a committee of 3-5 pilots appointed by
the three Phoenix BPR Members – John Scherff, David Simmons and
Roger Velez to represent the West Pilot interest (the “West Committee”).
 
2. USAPA shall bear all expenses of both sides in this arbitration process
equally, including payment of the arbitrator’s fees and expenses, reasonable
attorneys’ fees, pilot flight-pay loss, and other expenses reasonably
incurred.
The West Pilots have already been paying a merger surcharge on
their dues membership that would more than cover this expense.
 
3. The outcome of this arbitration shall be final and binding on all parties, and
any successors to such parties that come about through merger, change of
bargaining representative, or union election. In addition, pursuant to the
MOU, the outcome of this arbitration shall be final and binding without
being put to a ratification vote by USAPA’s membership or USAPA’s
Board of Pilot Representatives.
 
4. The arbitration ground rules shall be as follows:
 
a. Issue: “In connection with the 2005 Transition Agreement and the
McCaskill-Bond process for integration of the US Airways and
American pilots described in Paragraph 10 of the Memorandum Of
Understanding Regarding Contingent Collective Bargaining
Agreement (“MOU”), shall the single integrated pilot seniority list for
the US Airways pilots (East and West) be the seniority list attached to
the Nicolau Award (as advocated by the West Committee), or shall it
be the Date-of-Hire seniority list (as advocated by the East
Committee)?”


b. Arbitrator’s Jurisdiction: The arbitrator’s jurisdiction shall be limited
to selecting one of the two options described in the above statement of
the issue.
 
c. Arbitration Procedures: Except as provided otherwise below, the
arbitration procedures shall be consistent, to the greatest extent
possible, with the procedures set forth in MOU Paragraph 20.
 
i. Parties/Participants: The parties shall be the West Committee,
as represented by counsel of their choice, the East Committee
as represented by counsel of their choice, and New American
to the extent that it needs to protect its rights under the TA or
the MOU. The Allied Pilots Association shall have observer
status.
 
ii. Arbitrator: As described in MOU Paragraph 20, the arbitrator
shall be Richard Bloch or Ira Jaffe, depending on who has the
earliest availability. In the event that Mr. Bloch and Mr. Jaffe
are both unable to complete such arbitration within 30 days of
agreement to this proposal, the arbitrator shall be Dana
Edward Eischen if he is available sooner than Mr. Bloch and
Mr. Jaffe.
 
iii. Arbitration Schedule: Subject to the arbitrator’s availability,
the arbitration hearing shall commence no sooner than ten (10)
days after agreement to this proposal, but as soon as possible
thereafter. The arbitrator’s decision shall be issued no later
than 30 days after the first day of hearing, unless the West
Committee, East Committee, and New American agree
otherwise.
 
iv. Final and Binding Nature of Arbitration Decision: The
arbitration decision shall be final and binding on USAPA, its
members and officers, and any successor(s) thereto, and on the
West Pilot Class, and on its and their agents. The arbitration
decision shall be final and binding on New American and any
successor(s) thereto.
 
5. The pilot seniority order decided in this arbitration shall be the seniority list
used to integrate the US Airways pilots with the American Airlines pilots
throughout the MOU seniority integration process, including drafting the
Integration Protocol, integration negotiation, and arbitration if needed, as
described in Paragraph 10 of the MOU and that, in all stages of such
negotiation and arbitration, the West Pilots shall have separate representation
of their own choosing.
 
We believe that this can happen soon after such committees are established and funded.
Given APA’s filing for single carrier status, it is in the interest of all US Airways pilots to
resolve the East/West seniority integration issue prior to APA taking over.
 
Finally, USAPA must not ignore that Judge Silver also ruled that “when USAPA is no
longer the certified representative, it must immediately stop participating in the seniority
integration.” Id. at 21:11-to 21:12. We are confident that neither APA nor New American will
assist USAPA in violating a court order or otherwise breaching its duty of fair representation to
the West Pilots.

 
In sum, USAPA must accept that the time has finally come to resolve the East/West
dispute.
We believe it is in the interest of all US Airways pilots, both East and West, that it
happen before APA takes over, when it will then be up to APA to resolve this issue in a fair and
equitable manner. The West Pilots, therefore, urge USAPA to proceed in the manner proposed
herein. Nothing contained in this letter is a waiver of the West Pilots’ rights to appeal Judge
Silver’s ruling.
 
We look forward to an early, positive response.
 
Very Truly Yours,
 
Marty Harper
 
The west pilots, after losing every court case regarding the nicolau, are making their demands known.
 
 
1. The parties to this arbitration shall be a committee of 3 to 5 East Pilots
appointed by USAPA or the East BPR members to represent East Pilot
interests (the “East Committee”) and a committee of 3-5 pilots appointed by
the three Phoenix BPR Members – John Scherff, David Simmons and
Roger Velez to represent the West Pilot interest (the “West Committee”).
John Schreff is a former america west management pilot, working in PHX,.  John Schreff went on a company computer, using his password, and copied sensitive personal ID information of US Airways East Pilots and handed it over to the west pilots army of lyingitas.  This information included email addresses, passport information, social security numbers, phone numbers and more.  The company had to provide Lifelock service to all East pilots for a year at the cost of hundreds of thousands of dollars.
 
http://itsyourcreditreport.com/2011/05/11/us-airways-data-breach-pilots-personal-info-leaked/
 
Claxon said:
The west pilots, after losing every court case regarding the nicolau, are making their demands known.
clearly lawyers are not subject to drug testing.
 
 
From:  Russ Webber
 
 
I am extremely disappointed in the DOJ's attempt to block the merger between Us Airways and American Airlines.

I never thought that my party would do something that would have such drastic negative affects on my family's income.

If this merger is not allowed to be consummated the long term viability of US Airways is in real doubt. That leaves a weak AA unable to effectively compete with the two mega carriers, while the potential for those two carriers to " get along to get along" is very real.

Allowing the merger to occur ensures a robust American Airlines that will be much more able to compete and hence keep prices in check for the consumer, while keeping over 100,000.0 people employed nation wide with well paying jobs.

At a time when the economy is hardly thriving I find it stunning that the DOJ, with your help,would do anything that might impact a single job,let alone thousands.

The mid term elections are coming up and this one issue will be on the minds of the over 100,000.0 union and non union employees alike and will certainly play a part in how we vote.

Please negotiate a fair compromise so my family can breath and the merger can be completed.

Regards
Russ Webber
 
Claxon said:
John Schreff is a former america west management pilot, working in PHX,.  John Schreff went on a company computer, using his password, and copied sensitive personal ID information of US Airways East Pilots and handed it over to the west pilots army of lyingitas.  This information included email addresses, passport information, social security numbers, phone numbers and more.  The company had to provide Lifelock service to all East pilots for a year at the cost of hundreds of thousands of dollars.
 
http://itsyourcreditreport.com/2011/05/11/us-airways-data-breach-pilots-personal-info-leaked/
Wow!! Serious accusations. Were there terminations or convictions? One of the accused had a response.

April 13 2011 A personal message to all USAirways pilots from Eric Ferguson
Dear USAirways Pilots 
 
I want to thank everyone who has taken the time to call, email, or text a message of support to me recently. I have remained deliberately silent for some time in order to allow things to play out, but I believe it is now time to break my silence. While I cannot comment directly on any ongoing investigation, I remain confident that I will be entirely vindicated- not just found not guilty of any wrongdoing, but instead declared innocent of all charges made against me by USAPA.
 
In the meantime, the incessant clanging from the gong known as USAPA Communications regarding what has been deliberately and misleadingly categorized as identity theft is no doubt far more annoying to most of you than it is even to me and my fellow accused pilots. However, absent any hearing or due process, what should have been discretely handled as accusations (which they are), have been treated as ironclad convictions by the utterly failed leadership of USAPA. It is patently obvious to even the most casual observer that USAPA has again manufactured a crisis in attempt to keep its understandably restless and mutinous disciples under control. Simply ask yourself if it would be wise to repeatedly declare to anyone who would care to listen that the lock to your house was broken? The first rule of security is to NOT tell the world when you believe you have a security problem. If there really was a problem, then USAPA has actually done its pilots a tremendous disservice by alerting any would-be wrongdoers of a potential weakness in the manner in which it has. This speaks volumes about the real objectives of the Cleary regime and its latest folly. It also reeks of desperation, as the briefly unified East pilots begin to turn on one another and the infighting becomes more and more public. If victory for DOH was truly imminent, then none of this would be happening.
The distinction between an accusation and a conviction must be beyond the elementary comprehension level of Cleary, Theuer, and the rest of his crack team of would-be thugs who have failed to deliver ANYTHING of value- other than a comic tragedy- to the US Airways pilots. It is ironic how carefully USAPA Communications uses the word alleged whenever the accused act implicates one of Cleary's cronies in a physical altercation, but declines to use this important modifier when referring to the supposed identity theft of US Airways pilots.
Personally, I find the unwarranted hysteria to be amusing, and even helpful to the cause of Leonidas, LLC. The recent spike in funds raised by Leonidas certainly bear this out. I have remained silent thus far while enjoying my Administrative Leave made necessary by the hostile work environment created by Mike Cleary and his Communications Committee. However, I will concede that this has produced a singular downside for me and my fellow accused pilots; it has created yet more baseless accusations and false convictions written in the indelible ink of today's Internet. This is no doubt designed to create personal liability for me and my family (and that of many fellow West pilots and their families as well) forevermore should we choose to undertake endeavors outside the scope of our employment as pilots for the company. For me, this is a battle I have chosen to undertake knowing full well the possible risks to my career and reputation, so I simply brush it all aside (for now). More on that later.
I am no psychologist (so please do not take this as a diagnosis), but it is obvious to me that Mike Cleary's primary and driving personality trait is narcissism- almost pathologically so. This makes for the best possible (and most predictable) adversary from my perspective and that of the West pilots. The overwrought reaction by Cleary to East pilots simply receiving US mail of a factual nature that Mike has been desperate to shield his flock from, was even part of Leonidas, LLC's plan at the outset of that project. We could not possibly have asked for more attention to be drawn to the West perspective of our seniority dispute as illustrated in the Leonidas Brochures.
 
There was a time when I contemplated the recall of Mike Cleary and Randy Mowrey. However, when we began to discuss this among West pilots, it became clear that most see his leadership (though I wouldn't call it that) as helpful to the cause of defending against DOH and enforcing the Nicolau. After some reflection, I realized that I had become too close to the conflagration that is Mike to see what was happening and how it really benefited the West in the long run.
 
While it is true that a very few may pay the ultimate price and lose their careers due to our union's many inadequate or under-performing components (all courtesy of Mike and his friends), ultimate victory for the West- and therefore all US Airways pilots- is much more likely with him in charge. Therefore, my new strategy is to support Mike and help keep him in power as long as possible. If East pilots are truly dissatisfied with Mike and Randy's performance (as is apparent that many are), then they will have to do something about it on their own. In the meantime, we can all enjoy our Cleary imposed vow of poverty until the West ultimately prevails in court, or until the East pilots simply find a way to make good on their obligations to the West via the arbitrated seniority list.
It is also clear that these relentlessly shrill and caustic communications are largely designed to intimidate the accused. I envision Mike and Randy drunkenly patting each others' backs, and gently stroking one anothers' egos over the false image of me cowering in a closet somewhere, hiding in fear. They no doubt fantasize that this is the end of the West effort and that victory is just around the corner. This is laughable. Those of you whom I have had the pleasure of speaking with know otherwise.
I must contrast myself and my Leonidas team with the current USAPA President: While Mike Cleary lacked the fortitude to so much as sign a lease on the new USAPA Headquarters, (sighting that he would not accept the liability for this decision of the BPR), I and my team stood up against both the East pilots (who outnumber the West pilots two-to-one, and are entitled to a portion of our paycheck under threat of termination) AND the company. We have done this with the foreknowledge that it could well cost one (or all) of us our jobs, and that this union would do anything but protect us. This has been a necessary risk all along, just to do the right thing. Furthermore, we have not so much as hidden our names, addresses, telephone numbers, or even schedules from the public or our adversaries during this fight. All along, we have, and will continue to operate to the highest standard of ethics, and we WILL be vindicated when the dust settles.
The predictable idiocy continues unabated even this week. On April 12th, the East contingent of the BPR again authorized Cleary and USAPA Legal (in their lone authority) to initiate legal proceedings against Leonidas and whoever else they so choose. This is not unlike the bumbling RICO strategy used in the earliest days of USAPA's reign of failure to bankrupt the West pilots' legal defense. The end result of that effort was an even more unified West group, further galvanized to thwart USAPA's singular DOH mission. It went poorly for USAPA, but beautifully for the West. Should Cleary again launch more frivolous litigation against me or my fellow West pilots, I predict it will only backfire on him.
Bring it, Mike. The West is more than ready.
I recommend that all West pilots continue to support Mike Cleary, though not for any of the reasons he would like our support. He is perfect for the job.
Please visit www.cactuspilot.com to keep informed and continue the fight.
Sincerely,

Eric Ferguson
Co-founder of Leonidas, LLC
Former RICO Defendant
Former USAPA Las Vegas Chairman
Current Overwhelmingly Elected PHX USAPA Vice-Chairman
Robust supporter of Mike Cleary as USAPA President

 
 
snapthis said:
Wow!! Serious accusations. Were there terminations or convictions? One of the accused had a response.


 
Very serious.  I will go on to say that John Scherff did take personal employee ID information from a US Airways company computer as a management pilot for US Airways, america west side of the operation and should have done jail time.  The company did an "internal investigation" similar to the alpa rice committee after the nicolau and it was inconclusive.   How convenient for the company and alpa to find themselves exonerated after their respective "in house investigations", from any responsibility for their actions.
 
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