2014 Pilot Discussion

[snapthis]

Merger Committee Update

We understand that some of our pilots may be concerned about separate and independent representation for US Airways pilots in the event APA at some point in the future is certified as the representative for the combined pilot group both American and US Airways. Heres the legal situation:

The McCaskill-Bond Amendment guarantees separate and independent representation of the pre-merger pilot groups involved in a merger which is not otherwise subject to a collective bargaining agreement or internal union policy (such as the Air Line Pilots Association Merger Policy) that establishes a seniority integration process equivalent to Section 3 and 13 of the Allegheny Mohawk Labor Protective Provisions. USAPA believes, and the District Court in Phoenix ruled, that where there are certified bargaining representatives, such as USAPA and APA in the US Airways/American merger, those certified representatives are the representatives in the McCaskill-Bond process.

The McCaskill-Bond Amendment does not prevent the seniority list integration (SLI) process under Section 3 and 13 from being completed before the National Mediation Board (NMB) makes a single carrier finding and then certifies a single bargaining representative for the combined group of US Airways and American pilots. In other words, the SLI process may be finished before there is any determination by the NMB. If that happens, the issue never arises.

USAPA believes that the McCaskill-Bond Amendment must be interpreted to require continued separate and independent representation of the pre-merger pilot groups (US Airways and American) even if the NMB certifies a single representative before the SLI is completed. This means that APA cannot interfere with the USAPA Merger Committee even if they become the certified representative, and USAPA is prepared to take appropriate legal action to preserve the right of the USAPA Merger Committee to remain free from any interference by the APA.

We will continue to distribute updates as circumstances warrant or as issues arise that merit our attention. Communications may be addressed to the Merger Committee at MergerCommittee@usairlinepilots.org.

USAPA Merger Committee

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Interference by the APA?
The APA will look at this update as a joke

 

[Phoenix]

Bomb?
 
Leonidas has a t-shirt for you.

fvUG-v8A.jpg
 
 
 

 
 
"T-Shirts selection prowess" is a required skill to be a "leader" of Leonidas.   Put it on your resume.  You have a fighting chance for advancement, even if it is on a losing team.  

 

[Claxon]

Merger Committee Update
We understand that some of our pilots may be concerned about separate and independent representation for US Airways pilots in the event APA at some point in the future is certified as the representative for the combined pilot group both American and US Airways. Heres the legal situation:
The McCaskill-Bond Amendment guarantees separate and independent representation of the pre-merger pilot groups involved in a merger which is not otherwise subject to a collective bargaining agreement or internal union policy (such as the Air Line Pilots Association Merger Policy) that establishes a seniority integration process equivalent to Section 3 and 13 of the Allegheny Mohawk Labor Protective Provisions. USAPA believes, and the District Court in Phoenix ruled, that where there are certified bargaining representatives, such as USAPA and APA in the US Airways/American merger, those certified representatives are the representatives in the McCaskill-Bond process.
The McCaskill-Bond Amendment does not prevent the seniority list integration (SLI) process under Section 3 and 13 from being completed before the National Mediation Board (NMB) makes a single carrier finding and then certifies a single bargaining representative for the combined group of US Airways and American pilots. In other words, the SLI process may be finished before there is any determination by the NMB. If that happens, the issue never arises.
USAPA believes that the McCaskill-Bond Amendment must be interpreted to require continued separate and independent representation of the pre-merger pilot groups (US Airways and American) even if the NMB certifies a single representative before the SLI is completed. This means that APA cannot interfere with the USAPA Merger Committee even if they become the certified representative, and USAPA is prepared to take appropriate legal action to preserve the right of the USAPA Merger Committee to remain free from any interference by the APA.
We will continue to distribute updates as circumstances warrant or as issues arise that merit our attention. Communications may be addressed to the Merger Committee at MergerCommittee@usairlinepilots.org.
USAPA Merger Committee
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
 
Interference by the APA?
The APA will look at this update as a joke

Good. Let them take Billy Wilder as a joke. After all, he only wrote Mc Caskell Bond.
Sounds like something they would do.
The east is in high gear with litigation. They have had a lot of practice dismantling Leonidas over the years. This is just a warm up for the APA.
Wilder, unlike Marty, creates havoc when he hits you guys. Get the popcorn.
Going to be interesting watching Silver,AA legal , and the APA dealing with the author of the entire process.
I promise there will be no gray areas.

 

[Claxon]

I have fond memories of Mitch Vaselino going after Billy on Wilders' RLA blog after the Wake debacle you west guys ginned up. He sent Mitch packing.
Vaselino and you guys are clueless about how good this guy is. All you have? Marty. It is laughable.

 

[767one]

I honestly do not understand why the APA is going down the litigation path with this. There is so much attrition coming up. All they have to do is fence the East off for 5 yrs and they have it all.

Black Swan,
 
The apa has gotten away with so much in the past I guess they think they will get away with it again.
 
All the best,
 
Bob

 

[Claxon]

Looking at your donations Snap. You guys are in big trouble.

 

[MUTATIS MUTANDIS]

Good. Let them take Billy Wilder as a joke. After all, he only wrote Mc Caskell Bond.
Sounds like something they would do.
The east is in high gear with litigation. They have had a lot of practice dismantling Leonidas over the years. This is just a warm up for the APA.
Wilder, unlike Marty, creates havoc when he hits you guys. Get the popcorn.
Going to be interesting watching Silver,AA legal , and the APA dealing with the author of the entire process.
I promise there will be no gray areas.

Clax you had to tell them sorta ironic the law firm that wrote that legislation employed by USAPA, the evidentiary hearing at the NMB will have a lot of SILVER attatched! Fun Fun!

 

[MUTATIS MUTANDIS]

Here's your meltdown....

"Good. Let USAPA argue and delay Judge Silver's decision until after USAPA is gone. "

"I think her comment regarding the courts patience with USAPA will be reflected in her next ruling"

"Once again USAPA over-reaches rather than respond to the companies' rule 60 they try to get even more language changed. Bonus they fulfill Silver's prediction that they would argue the other side when it suits their needs. Beautiful! As a bonus they gave the West Pilots an excuse to use USAPA updates as exhibits. Updates that show contempt for her ruling. Silver is under no obligation to rule. She can wait for decertification and then pile on while they are down."

After DOC 301 , she just got shown her way to the 9th!

 

[Beancounter]

Looks like the Westoffs just got another stun grenade dropped on them by Billy Wilder. Too funny.
They won't be showing up today, like they always do after numerous legal debacles.
Spinthis is going to have trouble with the latest.

Your lawyers have their opinion and the AOL, APA, and company's have theirs. Not trying to sound like a jerk, just making light of the situation when I say, maybe you should check where that grenade was made. Judging from the effect it wasn't a stun grenade, I'm thinking laughing gas canister. I don't know about the APA attorney's, but from what I've seen with our past legal mess, the company has the best lawyers.

I'm thinking the best way to get this done and over with is three committees and arbitration. The east gets a do over, the west can present the Nic, and the APA will probably fair the best when it's said and done, but it will be done and everyone will have had a voice.

Take care

Bean

 

[MUTATIS MUTANDIS]

Your lawyers have their opinion and the AOL, APA, and company's have theirs. Not trying to sound like a jerk, just making light of the situation when I say, maybe you should check where that grenade was made. Judging from the effect it wasn't a stun grenade, I'm thinking laughing gas canister. I don't know about the APA attorney's, but from what I've seen with our past legal mess, the company has the best lawyers.

I'm thinking the best way to get this done and over with is three committees and arbitration. The east gets a do over, the west can present the Nic, and the APA will probably fair the best when it's said and done, but it will be done and everyone will have had a voice.

Take care

Bean

Well I respect your opinion, BUT!, My suggestion get a stadium because if the "WEST" gets representation, then, TWA, AIR CAL, RENO AIR, PIEDMONT, EMPIRE, SHUTTLE, see where this is going? Their is NO supposed NIC to present , voted away, in a previous T/A hell lets present the supposed American Trans Air AWA list!

 

[Phoenix]

After DOC 301 , she just got shown her way to the 9th!

 

Your lawyers have their opinion and the AOL, APA, and company's have theirs. Not trying to sound like a jerk, just making light of the situation when I say, maybe you should check where that grenade was made. Judging from the effect it wasn't a stun grenade, I'm thinking laughing gas canister. I don't know about the APA attorney's, but from what I've seen with our past legal mess, the company has the best lawyers. Take care.

Bean

 
 
If a Judge ORDERS judgement in favor of the defendant, then the defendant has nothing to appeal to the 9th.... unless she starts writing judgements against the defendant, especially by litigating questions of law that were not even before her court.  
 
The irony here is that the "neutral" company fired off yet another attempt to secure a finding against USAPA by using some errant dicta in the judge's oder.   Now she is being forced to explain what she wrote.  
 
Was it relevant to the trial or not?  No, it amounted to a declaratory judgement about the future, or maybe it was misconstrued to be... She has the opportunity to fix the misunderstanding... did she find in favor of the defendant or not?  

 

[Phoenix]

Looking at your donations Snap. You guys are in big trouble.

 
 
They are down to 377...
 
http://thepushforjustice.com/contributors.html
 
They need to lose another 77 to truly be Sparta... Sparta... this is Sparta!  They are getting close!

 

[Claxon]

They are down to 377...
 
http://thepushforjustice.com/contributors.html
 
They need to lose another 77 to truly be Sparta... Sparta... this is Sparta!  They are getting close!

NoNic4me (KIWI) gave, but Res dropped off the map.
Dca319 / also failed to be a good Spartan.
Cactusboy53 a no show. Telling

 

[MUTATIS MUTANDIS]

 
 
 
If a Judge ORDERS judgement in favor of the defendant, then the defendant has nothing to appeal to the 9th.... unless she starts writing judgements against the defendant, especially by litigating questions of law that were not even before her court.  
 
The irony here is that the "neutral" company fired off yet another attempt to secure a finding against USAPA by using some errant dicta in the judge's oder.   Now she is being forced to explain what she wrote.  
 
Was it relevant to the trial or not?  No, it amounted to a declaratory judgement about the future, or maybe it was misconstrued to be... She has the opportunity to fix the misunderstanding... did she find in favor of the defendant or not?  

Your first sentence key, my guess she will! The irony part, she will!

 

[luvthe9]

Continental pilots sue ALPO over seniority, go figure.........http://aviationblog.dallasnews.com/2014/02/ex-continental-pilots-sue-alpa-over-seniority-list.html/?nclick_check=1