2014 Pilot Discussion

[Claxon]

First of all you nitwit, you never killed the Nic, we kept you under LOA 93 as punishment and you still think you won? Pretty costly experiment trying to screw West pilots out of their seniority.
One more thing, which entity goes away when the APA takes over? Not Leonidas.
YOU LOSE-USUCKA
HA
HA
HA

Of course Leonidas will be around. Marty Harper isn't finished with his Ponzi scheme yet.
Leonidas- the west voluntary pay cut.

 

[snapthis]

USAPA is done, an end of an error.

 

CONCLUSION
The Board finds that APA is the certified representative of the Flight Deck Crewmembers craft or class in the single transportation system (R-7404). The Board extinguishes the USAPA’s certification issued in R-7147. Accordingly, Case R-7404 is closed.
By direction of the NATIONAL MEDIATION BOARD.
Mary L. Johnson
General Counsel

 

[luvthe9]

History will repeat itself with AA, not to your benefit. Just watch. It's already started, Parker has moved on to the AA way and to Miami. Good luck, Charlotte.

I would be more worried about the future of PHX with the build up of LAX.

 

[luvthe9]

Of course Leonidas will be around. Marty Harper isn't finished with his Ponzi scheme yet.
Leonidas- the west voluntary pay cut.

Wonder if Marty bought one of those 675 dollar ties.

 

[luvthe9]

First of all you nitwit, you never killed the Nic, we kept you under LOA 93 as punishment...HA

Yea right, we have kept you locked in PHX as punishment with no growth while the rest of the airline enjoys rapid upward movement into the left seat and wide body's, HA HA HA!


When the APA screws you scabs will you send poop in the mail and tie up the phone lines at the APA headquarters, Yes they know and have been warned about your tactics, you have no friends there.

 

[snapthis]

Well, I guess your calling the courts clowns, because if I am not mistaken every bit of your lawsuits have been ruled against  you or the appeal dicta you hang your hat on is questioned to the 9th,  but hey, buy another tie, it will work well as a hanky!

 
Now that USAPA is history, you can't re-write it:
"On May 13, 2009, a group of AWA pilots who filed suit on behalf of the class of America West pilots in Federal District Court in Phoenix, Arizona succeeded in convincing a federal judge and federal jury that USAPA breached their duty of fair representation to the America West pilots. Federal Judge Neil Wake issued an injunction against USAPA during the week of May 18, 2009 barring USAPA from changing the seniority list from the Airline Pilots Association (ALPA) internal arbitrated list produced by internal union Arbitrator George Nicolau, The trial lasted for eight days of trial, following nearly 9 months of legal preliminaries, and included thousands of pages of evidence."
 
 
Sunday, July 19, 2009
          Addington v. U.S. Airline Pilots, ___F.Supp 2d___(D. Az. July 17, 2009), Download Findings_of_Fact_and_Conclusions_of_Law[1]is an important DFR case to be aware of. We had previously reported on an earlier decision denying a motion to dismiss. The case went to a jury trial and the plaintiffs won. The merits of the case concerned the integration of a seniority list after the merger of two airlines. The decision is lengthly (53 slip opinion pages) and full of helpful cites for researchers.

The court also ordered an interesting remedy-that an arbitration award over seniority lists must be respected;
 
You also lost the RICO suit:

Fourth Circuit rules. WE WIN!!!!!
 
Fourth Circuit Court of Appeals in Richmond Affirms Dismissal
Today the Fourth Circuit Court of Appeals in Richmond, Virginia, issued its ruling on USAPA's appeal of the dismissal of its lawsuit brought in 2008. USAPA filed the suit, alleging violations of the RICO Statute, against certain pilots who were alleged to be engaged in an overt attempt to deny all US Airways pilots their right to collectively bargain by attempting to destroy our union and performing other harmful and destructive acts to disrupt the union’s ability to perform its representational responsibilities. The appeals court today affirmed the dismissal. Attorneys for the Association are reviewing the ruling presently for potential next steps.
 
http://cactus18.typepad.com/the_cactus_18/2010/07/fourth-circuit-rules-we-win.html
 
http://cactus18.typepad.com/files/final-ruling-4th-circuit.pdf
 
 
Just a few of USAPA's losses:
 
USAPA Loses Bid To Dismiss US Airways' Suit

Share us on: By Carolina Bolado
Law360, New York (August 17, 2011, 5:05 PM ET
 
http://www.law360.com/articles/265562/usapa-loses-bid-to-dismiss-us-airways-suit

 

Preliminary Injunction Issued Against
 
Discussion in 'US Airways | Dividend Miles' started by mowogo, Sep 28, 2011.  | 

 Pr
 

US Airways just won a preliminary injunction against the USAPA over the work slowdown that has been orchestrated by the East pilots.
 
Federal judge tosses pilots' US Airways lawsuit
US AIRLINE PILOTS ASSOCIATION v. US AIRWAYS, INC - Document 18  
 

Court Description:
MEMORANDUM OPINION & ORDER granting 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Federal Rule of Civil Procedure 12((6) filed by US AIRWAYS, INC. and dismissing case with prejudice. Signed by Magistrate Judge Robert C. Mitchell on 6/12/2014. (spc)
 
In this case, it would be futile to allow Plaintiff to amend the Complaint because the documents attached thereto as well as the documents attached to Defendant’s motion to dismiss which the Court has reviewed leave no doubt that USAPA cannot raise any legitimate challenge to the Award. Therefore, the Complaint will be dismissed with prejudice.
 
For these reasons, the motion to dismiss submitted on behalf of the defendant (ECF No. 11) will be granted.
 
An appropriate order follows.
 
AND NOW, this 12th day of June, 2014,
 
IT IS HEREBY ORDERED that the motion to dismiss filed by Defendant (ECF No. 11) is granted and the Complaint is dismissed with prejudice.
 
 


The Associated Press 12:55 p.m. EDT October 1, 2013
PITTSBURGH — A federal judge in Pittsburgh has dismissed a US Airways lawsuit filed in May by a pilots' group.
 
http://www.usatoday.com/story/todayinthesky/2013/10/01/federal-judge-tosses-pilots-us-airways-lawsuit/2900641/
 
 
US Airways Wins Dismissal of Pilot Claims It Broke Labor Law
 
Mar 8, 2012 3:24 PM
 
http://www.bloomberg.com/news/2012-03-08/us-airways-wins-dismissal-of-pilot-claims-it-broke-labor-law-1-.html?cmpid=yhoo
 
 
You really think you won? I disagree with Cactuspilot one point. You kept yourselves on LOA 93. You call that a win too?
 

 

 

[Res Judicata]

Adios scabs. You failed. You'll be begging for Nic when this is over.

 

[snapthis]

The ruling:
 
https://storage.googleapis.com/dakota-dev-content/41-NMB-No.-56-Findings-Upon-Investigation-Determination-of-Certification-AA-US-Airways-APA-USAPA.pdf

 

[luvthe9]

Adios scabs. You failed. You'll be begging for Nic when this is over.

Blah, blah, blah.

 

[CactusPilot1]

Blah, blah, blah.

HA HA HA

Start packing those boxes.

APAs certification in R-6867 is extended to cover the entire Flight Deck Crewmembers craft or class on the single transportation system and USAPAs certification in R-7147 is terminated.

 

[b737fo]

Well done USAPA! Quite a legacy you are going to leave:
 
Campaigned on being a cheaper union......
How about the most expensive dues in the industry
 
Campaigned on transparency.....
Accusations of backroom shadow deals and multiple recall election campaigns
 
Most laughable the promise from one founder that we could get a contract in 90 days.
 
In a few short years USAPA you were able to get a permanent injunction slapped on you by a federal judge, sued your own constituents under such a ridiculous charge that another federal judge threw it out of court WITH PREJUDICE. You even had a previous leader of this union sue you and hijack your own trademark.
 
What about the "slam dunks" like snap backs or 3% raises...... Why did you claim victory would be ours in communications to the membership when of course it is in the arbitrators hands. You have a legacy of over promising but under delivering.
 
The one area you can claim not failing is preventing the Nic list from coming to fruition but you were only able to accomplish this at the cost of over $600 million to the pilot group as presented under deposition by one of your founders.
 
Congrats on the ineptitude and farewell USAPA. You will not be missed!

 

[Res Judicata]

Blah, blah, blah.

GFY you fat scab. You're going to pay for your illegal, failed terror campaign for the rest of your miserable career. You can't hide behind your fake union anymore. You have ZERO protection. None of you failed scabs do. Watch all the rodents scatter into the dark.

 

[westcoastflyer]

Where's the party going to be tonight in Phoenix? How about at least a big HAPPY hour?  I'm sure there will be a big bash in Charlotte too (not) !

 

[Claxon]

GFY you fat scab. You're going to pay for your illegal, failed terror campaign for the rest of your miserable career. You can't hide behind your fake union anymore. You have ZERO protection. None of you failed scabs do. Watch all the rodents scatter into the dark.

Make sure you and your friends answer the scab question truthfully. The APA has the list.
Your Ansett pals are in trouble.

 

[luvthe9]

GFY you fat scab. You're going to pay for your illegal, failed terror campaign for the rest of your miserable career. You can't hide behind your fake union anymore. You have ZERO protection. None of you failed scabs do. Watch all the rodents scatter into the dark.

Polygraph Statement of Mr. Mark C. Doyal

I had always wanted to be an FBI agent. With that singular goal in mind, I enrolled in Southwest Texas State University in the fall of 1988. My major was Law Enforcement with a minor in Economics. I graduated in December 1990 and I took the written FBI exam that next January. I passed and was scheduled for an interview in March of 1991. The interview went great and I achieved a perfect score. However, the FBI determined that I needed more experience and informed me to re-apply in two years. I immediately took the Law School Admissions Test and applied to South Texas College of Law in Houston, Texas. I was excepted for the class beginning in January 1991. I was fortunate in that I was able to obtain employment on a full time basis with the Harris County District Attorney's Office - Economic Crime Division. I remember my new boss asking me after he interviewed me what I planned on achieving with a law career. I immediately responded that I wanted a career with the FBI. Everyone who I met knew that that was my goal.

Working full time for the District Attorney while attending law school at night was tough, but I knew I had to get the right kind of experience and education to make myself the best possible candidate for the FBI. Upon graduation from law school (Dec. 1994), I re-applied with the FBI. I was scheduled to take the written exam on a Monday following the Bar exam. I again passed the written exam and had to wait to be selected for the interview. I wrote letters nearly every month to the applicant coordinator asking to be interviewed and explaining what I was doing each month. Finally, I was selected to be interviewed in Kansas City in July of 1996. Seven of us in our region were selected to go, but only two of us passed the interview process. Myself and another girl. I was on top of the world, knowing that I was about to realize my dream.

The polygraph exam was next, August 7, 1996, in San Antonio, Texas. I knew I had nothing to worry about, since I had never violated the FBI's drug policy and I had not lied on my application. The agent administering the polygraph noted during the pre- polygraph interview that I had attended a university that he believed was a "party school" and that I needed to tell him what drugs I used when I went there. I stated that I had taken none, that I didn't live on campus, I lived in another city, and that I was an older student and wasn't influenced to do such things. He repeated that that couldnít be the case and told me again to tell him what illegal drugs I had done. I countered again that that just wasn't the case and that I was telling the truth. This went back and forth for about 10 minutes and he seemed to be getting upset that I wouldnít admit to taking drugs. Finally he stated that if I was lying he was about to find out. I was upset at the unbelievable accusations he was making. Up until that point I had been treated with the utmost professionalism by the FBI staff, now I was being treated like an accused criminal. After the polygraph was over, he told me I had failed. I almost passed out in disbelief

I wrote several letters to FBI Director Freeh, and in October of 1996 I was polygraphed again, by another agent with the first agent who polygraphed me present. The results were the same, he told me I had failed. I just could not believe it. I had not lied on the polygraph. Even the first agent that had polygraphed me told me as I was leaving that he now believed me, that I was telling the truth. I wrote the Director several more times to no avail, my application was terminated in November of that year. My dreams were shattered.

Finally, as a side note, I later applied with the Secret Service. I did just as well in the testing and interview stages as I had with the FBI. When it came time for the polygraph, the agent administering it asked me if I had been polygraphed before. I told him yes, and under what circumstances and the results. He thanked me for my honesty, unhooked me from the polygraph without testing me and told me that he would have to contact his superiors for their advice. I could not believe it. Two months later I received a form letter stating that I was no longer competitive with the other agent applicants. I am a licensed attorney, professional pilot, have law enforcement experience and with top scores but I was not competitive? Obviously I had been "black balled" by the erroneous polygraph results from the FBI.

I will probably always be effected by the injustice of what happened. I wrote a final letter to Director Freeh this summer asking for another polygraph. I even offered to pay all expenses associated with retaking it if I were to fail. I guess I still haven't accepted that you can fail a polygraph while telling the truth. Or the fact that the FBI could make this kind of mistake. I had always looked up to that agency as the pinnacle of professionalism. I received the same form letter back that I had received almost two years earlier. It is a shame, since all I wanted to do was to have a chance to serve my country and make my family proud.



Sincerely,



Mark C. Doyal