2015 Pilot Discussion.

[EastCheats]

Kirby is finished with his awa pilots. They are a nuisance on the way to more $$$$.



“In the US Airways – America West case, it went to binding arbitration but there was a requirement as part of that that the two unions negotiate a joint contract with the company, which wasn’t done yet.

And because it wasn’t done yet, the side that didn’t like it could prevent a joint contract from getting done. And because of that, the seniority integration never happened."

Scott Kirby

Usapians and Kirby are like peas in a pod.
 
Is Scott Kirby on the East Merger Committee? 😉
 

 

[snapthis]

USAPA Officers' Update

May 18, 2015


Fellow Pilots,

With the first few weeks behind us, your newly elected volunteer USAPA Officers thank you for your continued support of the Associations ongoing activities. With seniority integration at the forefront, we continue to focus on supporting all US Airways pilots and the USAPA Merger Committee through this important process. As mandated by the USAPA Constitutional deferral of dissolution, we want to be clear that our primary objective is to responsibly manage the USAPA treasury consistent with the determination that there are ongoing matters (i.e. collective legal actions) that must be supported, maintained, and reserved for, including, but not limited to, the SLI process and legal actions in which USAPA is a defendant.

This update will outline several ongoing activities as we move towards an eventual dissolution.

As of Wednesday, May 13, an independent accounting firm began an audit of the USAPA 2014 fiscal years activities. We will report the audit results to the BPR and the membership in the near future.

Simultaneously, with the assistance of our auditors, we will prepare a full disclosure report of the treasury usage since decertification, and a complete business plan for the use of resources going forward. We anticipate delivering this report to the membership by July.

Some of the ongoing efforts to sunset activities and preserve the treasury include:

A continued aggressive pursuit to shed the cost of the current USAPA headquarters, which remains under a lease agreement.
The sale of one of the two USAPA vehicles, and there are no payments due on the remaining vehicle which will also be sold at the earliest opportunity.
Reduction of office staff to two full time employees (in house counsel and communications/administrative specialist), and one temp office manager / receptionist.
Discontinuation of all union-issued computers and cell phones (except for Officers and Merger Committee and selected Communication specialists).
Termination, amendment and/or renegotiation of several support and vendor agreements.
Termination of unnecessary insurance policies and renegotiation of those that are mandatory through dissolution.
Termination of all flight pay loss other than reimbursement for the Merger Committee (as per the Protocol Agreement).
Mandate that all future contract/consulting/legal work will be submitted for prior approval and reporting as required.
All Officer and BPR positions are strictly volunteer (non-paid) positions.
Current Legal Landscape:

Addington v. USAPA - General Counsel has informed us that the Addington plaintiffs have not given up on their attempt to force USAPA to pay the West Pilots attorneys fees conservatively estimated to be $2 million to $3 million -- for conferring a common benefit on USAPA for its unsuccessful suits against the Association. Moreover, as we all know, Addington was recently argued at the Ninth Circuit Court of Appeals and it is possible the case will be sent back to the lower court for additional proceedings or there could be additional appeals proceedings. The uncertainty resulting from Addington and the potential for a huge fee award against USAPA makes it very difficult to forecast an amount of money to reserve for these matters.

Cleary v. USAPA - In addition to the uncertainty as a result of the Addington matter, the same is true with respect to the claim by former USAPA President Mike Cleary, who seeks compensatory and punitive damages against USAPA in an unspecified amount. General Counsel advises this case is still in the early stages of the suit and there has not yet been a more definitive statement by Clearys attorneys of the damages Cleary is seeking.

In addition to the Addington and Cleary matters, the following maters are pending:

Retirement Savings Plan grievance: This grievance relates to the claim that the company breached its agreement to pay all of the expenses to administer and operate the RSP from its general assets, whereas, as it turned out, participants were paying those expenses through revenue sharing arrangements between the Company, Fidelity and the mutual fund companies. Three days of hearings were recently held in this matter, which were handled by USAPA counsel in conjunction with general counsel. Post hearing briefs are due in late June, at which time the matter will be in the hands of the Arbitrator for decision.
Declaratory Judgment action: The declaratory judgment action, which was started on September 14, 2014 for declarations concerning the actions taken by the National Officers to defer dissolution, is ongoing. General Counsel advises that it has been consolidated in federal court in North Carolina with the action started by the Bollmeier plaintiffs against current and former USAPA officers and BPR members individually for alleged violations of the Labor Management Reporting and Disclosure Act.
General Counsel reports that the PBGC and Kasher Arbitration Award appeals -- two of the matters that were pending as of the date of decertification -- have concluded. Unfortunately, in both cases USAPAs claims were turned away. USAPA is not pursuing any further legal actions in relation to these two matters.

In closing, we are committed to complete transparency and maximum communication as we progress through seniority integration and the conclusion of current and/or pending legal actions. We remain committed to an efficient dissolution of USAPA and distribution of USAPA assets at the earliest possible time.

We encourage you to call or write your Domicile Representatives and Officers with your questions, comments and concerns, and we thank those volunteering their time in support of our fellow pilots.

 

[Claxon]

Nice try alpa union (scab laden united and continental pilots) and your pilot "neutrals".  You almost got away with it.
 
http://public.alpa.org/portals/alpa/fastread/2008/FastreadNEWSFLASH_20080303.htm

 

[Claxon]

 
MEC Chairman’s Message
 
January 26, 2008
 
This is MEC Chairman Jack Stephan with a Chairman's message to the pilots for Saturday, January 26th.
 
This past week, your union has been involved in several activities, addressing many issues that are of importance to you.
 
On Tuesday, the Council 90 officers held an informational meeting in Charlotte. This briefing was well attended, and it gave our pilots the chance to talk to the CLT reps, MEC Officers, ALPA staff and advisors, and several of our MEC committee chairmen. It also gave me the chance to talk to many pilots—both ALPA and USAPA supporters, face to face. It is always good to get our important issues right out on the table. As I have stated many times, I respect the right of pilots to choose their union representation. However, when making a decision that will have such far reaching effects on your pay, benefits, your working conditions, and ALPA’s current efforts to reach consensual modifications to the Nicolau Award that would survive future mergers, it's crucial that you receive and analyze all the information required in making the right decision. Too much is at stake to rely on rumors—you need the facts, and plenty of pilots were on hand Tuesday in CLT to get the facts and talk about your concerns.
 
Rumors are what lead me now to talk about some very serious misinformation that was recently posted on the US Airways pilots web board alleging that ALPA attorney Jeffrey Small had stated that if USAPA is voted in and the Nicolau Award has not been implemented, that the Nicolau Award will not survive.
 
This information is legally inaccurate and the subsequent web board posts have been very misleading. ALPA attorney Jeffrey Small not only denies ever making such a statement, he also states very clearly that:
 
 
“A change in union representation does not nullify or modify the Nicolau Award, regardless of which union serves as the bargaining representative.”
 
The most likely result if USAPA or any bargaining agent attempted negotiations with the Company to mitigate some of the effects of the Nicolau Award would be to secure some protective contract language; protective language that would some day be amendable. I’m sure you all share my skepticism over the permanency of any such contractual fixes. That is why the ALPA process is seeking consensual solutions with the AWA pilots that can be made a permanent part of the Award itself.
 
You can read what ALPA's legal counsel has to say about the renegotiation of seniority lists under the January 13th entry of What's New. It has also been emailed out to all pilots.
Also this week, as reported on the code-a-phone, the US Airways MEC three-man panel, made up of Garland Jones, Don Iorio, and Rocco Spartano, met with their AWA Steering Committee counterparts in Las Vegas and determined that sufficient common ground exists to continue discussions. With both Steering Committees agreeing upon protocols and rules of engagement, they have now agreed to meet in an extended negotiating lock–
down session that will begin next week for substantive discussions in order to address the
issues of importance to both pilot groups.
 
Relative to the Steering Committee, I would like to address some confusion that may
exist about previous MEC resolutions and how they relate to our current Steering
Committee activities. Our Negotiating Committee members, who are also JNC members,
are offering advice and support to the Steering Committee as is our Merger Committee.
To ensure that our Steering Committee is not restrained in any way during this process,
they enjoy full access to the expertise and technical knowledge of any and all of our
committees, including all of ALPA National’s resources. This process is simply too
important not to provide our Steering Committee with everything they need to arrive at a
solution.
 
If an agreement is reached by the two Steering Committees that results in a potential
comprehensive counter proposal to management, that proposal would first have to be
accepted by both MECs for JNC negotiations to resume. And consistent with our past
resolutions, that counterproposal would not only have to adequately address our issues
with the Nicolau Award, but parity and retroactive pay as well. If the proposal is found to
be acceptable, our MEC could then, through resolution, re-assign our Negotiating
Committee members back to JNC duties in order to engage in JNC negotiations with
management.
 
Later next week, AWA MEC Chairman John McIlvenna and I will send all AAA and
AWA pilots a letter that outlines the process both Steering Committees will be engaging
in and explains the communications protocols that both sides have already agreed to.
 
I'm pleased to say that both the AAA and AWA MECs are supporting this process, as is
ALPA National, both financially and through their considerable technical resources. With
the advent of these talks, we are entering an important stage for both pilot groups, and it's
necessary to give this process every chance to succeed. This may very well be our last
chance to address our seniority and contract concerns in a consensual manner.
Yesterday, MEC Vice Chairman, Kim Snider, met with ALPA’s Merger Policy Review
Committee. Kim spent a considerable amount of time detailing his experience with
mergers as well as explaining how current policy could be improved. The Committee has
also asked for my input and I will be meeting with them next month as well as attending a
meeting called by Captain Prater of the Chairmen of the largest MECs in ALPA to
discuss the current trends and events in industry consolidation.
 
There is no doubt that things could unfold rather quickly, so continue to look for the
latest information in the MEC code a phones, NewsDirects, Chairman's messages, and
Chairman's letters. We remain in uncharted waters but your MEC through many
meetings, long hours of hard work and debate, has taken great care to chart our course.
We are fully prepared and we ask that you stay informed and dismiss rumors for what
they are during this process.
 
As always, fly safe and thanks for listening.

west pilots, your thoughts please?  Never mind, I will provide your thoughts::;;  
 
Could have, should have, would have. 

 

[A320 Driver]

“In the US Airways – America West case, it went to binding arbitration but there was a requirement as part of that that the two unions negotiate a joint contract with the company, which wasn’t done yet.
And because it wasn’t done yet, the side that didn’t like it could prevent a joint contract from getting done. And because of that, the seniority integration never happened."
Scott Kirby

Interesting take on contract negotiations. Sure USAPA could have stalled on negotiations, but they didn't have to. Management did it for them hiding behind the lawsuits filed by West pilots agaisn't USAPA. How many times did DP or SK stand in front of groups during crew news and state that negotiations were pointless as long as the lawsuits were unsettled? I have been a vocal crtitic of USAPA many times and on many fronts, but I did see them try repeatedly to get the company to fully engage in contract negotiations to the point of getting parked by the NMB and having an injunction placed against them. West blaming East for the lack of progress played right into management's hands. LCC saved a cool billion dollars in pilot costs using these excuses.
I didn't miss Claxon's point in his post. I just couldn't pass up the chance to challenge the SK quote blaming East pilots for the lack of a contract.

 

[CactusPilot1]

USAPA Officers' Update

May 18, 2015


Fellow Pilots,

With the first few weeks behind us, your newly elected volunteer USAPA Officers thank you for your continued support of the Associations ongoing activities. With seniority integration at the forefront, we continue to focus on supporting all US Airways pilots and the USAPA Merger Committee through this important process. As mandated by the USAPA Constitutional deferral of dissolution, we want to be clear that our primary objective is to responsibly manage the USAPA treasury consistent with the determination that there are ongoing matters (i.e. collective legal actions) that must be supported, maintained, and reserved for, including, but not limited to, the SLI process and legal actions in which USAPA is a defendant.

This update will outline several ongoing activities as we move towards an eventual dissolution.

As of Wednesday, May 13, an independent accounting firm began an audit of the USAPA 2014 fiscal years activities. We will report the audit results to the BPR and the membership in the near future.

Simultaneously, with the assistance of our auditors, we will prepare a full disclosure report of the treasury usage since decertification, and a complete business plan for the use of resources going forward. We anticipate delivering this report to the membership by July.

Some of the ongoing efforts to sunset activities and preserve the treasury include:

A continued aggressive pursuit to shed the cost of the current USAPA headquarters, which remains under a lease agreement.
The sale of one of the two USAPA vehicles, and there are no payments due on the remaining vehicle which will also be sold at the earliest opportunity.
Reduction of office staff to two full time employees (in house counsel and communications/administrative specialist), and one temp office manager / receptionist.
Discontinuation of all union-issued computers and cell phones (except for Officers and Merger Committee and selected Communication specialists).
Termination, amendment and/or renegotiation of several support and vendor agreements.
Termination of unnecessary insurance policies and renegotiation of those that are mandatory through dissolution.
Termination of all flight pay loss other than reimbursement for the Merger Committee (as per the Protocol Agreement).
Mandate that all future contract/consulting/legal work will be submitted for prior approval and reporting as required.
All Officer and BPR positions are strictly volunteer (non-paid) positions.
Current Legal Landscape:

Addington v. USAPA - General Counsel has informed us that the Addington plaintiffs have not given up on their attempt to force USAPA to pay the West Pilots attorneys fees conservatively estimated to be $2 million to $3 million -- for conferring a common benefit on USAPA for its unsuccessful suits against the Association. Moreover, as we all know, Addington was recently argued at the Ninth Circuit Court of Appeals and it is possible the case will be sent back to the lower court for additional proceedings or there could be additional appeals proceedings. The uncertainty resulting from Addington and the potential for a huge fee award against USAPA makes it very difficult to forecast an amount of money to reserve for these matters.

Cleary v. USAPA - In addition to the uncertainty as a result of the Addington matter, the same is true with respect to the claim by former USAPA President Mike Cleary, who seeks compensatory and punitive damages against USAPA in an unspecified amount. General Counsel advises this case is still in the early stages of the suit and there has not yet been a more definitive statement by Clearys attorneys of the damages Cleary is seeking.

In addition to the Addington and Cleary matters, the following maters are pending:

Retirement Savings Plan grievance: This grievance relates to the claim that the company breached its agreement to pay all of the expenses to administer and operate the RSP from its general assets, whereas, as it turned out, participants were paying those expenses through revenue sharing arrangements between the Company, Fidelity and the mutual fund companies. Three days of hearings were recently held in this matter, which were handled by USAPA counsel in conjunction with general counsel. Post hearing briefs are due in late June, at which time the matter will be in the hands of the Arbitrator for decision.
Declaratory Judgment action: The declaratory judgment action, which was started on September 14, 2014 for declarations concerning the actions taken by the National Officers to defer dissolution, is ongoing. General Counsel advises that it has been consolidated in federal court in North Carolina with the action started by the Bollmeier plaintiffs against current and former USAPA officers and BPR members individually for alleged violations of the Labor Management Reporting and Disclosure Act.
General Counsel reports that the PBGC and Kasher Arbitration Award appeals -- two of the matters that were pending as of the date of decertification -- have concluded. Unfortunately, in both cases USAPAs claims were turned away. USAPA is not pursuing any further legal actions in relation to these two matters.

In closing, we are committed to complete transparency and maximum communication as we progress through seniority integration and the conclusion of current and/or pending legal actions. We remain committed to an efficient dissolution of USAPA and distribution of USAPA assets at the earliest possible time.

We encourage you to call or write your Domicile Representatives and Officers with your questions, comments and concerns, and we thank those volunteering their time in support of our fellow pilots.

west pilots, your thoughts please? 

"Cleary v. USAPA - In addition to the uncertainty as a result of the Addington matter, the same is true with respect to the claim by former USAPA President Mike Cleary, who seeks compensatory and punitive damages against USAPA in an unspecified amount. General Counsel advises this case is still in the early stages of the suit and there has not yet been a more definitive statement by Clearys attorneys of the damages Cleary is seeking."

What's the matter Cleary? No more "union" tit to suckle? How about working for a living.

 

[Phoenix]

"Cleary v. USAPA - In addition to the uncertainty as a result of the Addington matter, the same is true with respect to the claim by former USAPA President Mike Cleary, who seeks compensatory and punitive damages against USAPA in an unspecified amount. General Counsel advises this case is still in the early stages of the suit and there has not yet been a more definitive statement by Clearys attorneys of the damages Cleary is seeking."
What's the matter Cleary? No more "union" tit to suckle? How about working for a living.

The irony is that in suing USAPA Cleary helps perpetuate the life of USAPA spending West pilot dues.

If one claims that Cleary vigorously used USAPA to screw West pilots then one must admit he was a master... and one must consider the possibility that Cleary and his pals designed his lawsuits long ago to help perpetuate the West screwing (all without any trace of proof). 😀

 

[CactusPilot1]

The irony is that in suing USAPA Cleary helps perpetuate the life of USAPA spending West pilot dues.
If one claims that Cleary vigorously used USAPA to screw West pilots then one must admit he was a master... and one must consider the possibility that Cleary and his pals designed his lawsuits long ago to help perpetuate the West screwing (all without any trace of proof). 😀

There's nothing going to be left for Cleary after USAPA writes a check to Marty.

 

[Phoenix]

There's nothing going to be left for Cleary after USAPA writes a check to Marty.

I'm pretty sure Cleary's strategy always relied on your gullibility to implicit assumptions of Marty getting a check from anyone other than West pilot donations.

Bulls eye.

 

[CactusPilot1]

I'm pretty sure Cleary's strategy always relied on your gullibility to implicit assumptions of Marty getting a check from anyone other than West pilot donations.
Bulls eye.

I don't need to assume that Ucrapa is in crisis mode from that update. What's the matter? No more extortion payments being collected? Can't get anyone to donate to Ucrapa LLC? AWE

 

[CactusPilot1]

How do you plan on paying your attorney fees if Judge Conrad puts Ucrapa on ice like he did in the past? I don't think selling a Ford Taurus and selling office furniture will cover the bills. AWE

NOTICE of Hearing on Motion re: [16] MOTION for Temporary
Restraining Order or Preliminary Injunction (with notice) : Motion
Hearing set for 6/30/2015 02:00 PM in Courtroom 2-1, 401 W Trade St,
Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is
your only notice - you will not receive a separate document.

 

[Claxon]

There's nothing going to be left for Cleary after USAPA writes a check to Marty.

The only checks for Marty will come from selling fake patriotic polyester and highly overrated ties. west pilots and west pilots only will pay Marty.
Clearly stands a much better chance of scoring than Marty. west pilots will likely pay Marty, and Cleary.

 

[Claxon]

How do you plan on paying your attorney fees if Judge Conrad puts Ucrapa on ice like he did in the past? I don't think selling a Ford Taurus and selling office furniture will cover the bills. AWE
NOTICE of Hearing on Motion re: [16] MOTION for Temporary
Restraining Order or Preliminary Injunction (with notice) : Motion
Hearing set for 6/30/2015 02:00 PM in Courtroom 2-1, 401 W Trade St,
Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is
your only notice - you will not receive a separate document.

Will Captain Gay be making a trip east from Santa Rosa?

@airbusguy2000
Next a 1999 hire CLT A320 FO RSV spoke about how fatiguing the reserve system is with certain red eyes and overnight stand-ups.



Stephen Gay
19 Aug 2011
Stephen Gay ‏@airbusguy2000
James Ray was not there.



Stephen Gay
19 Aug 2011
Stephen Gay ‏@airbusguy2000
Hogg told me after the hearing "there will be plenty of time for that later". Michelle from Corp. Comm. gave me a ride back to the hotel.



Stephen Gay
19 Aug 2011
Stephen Gay ‏@airbusguy2000
I'll post greater detail on the web board tonght or tomorrow on the web board. Company DID NOT cross examine her.



Stephen Gay
19 Aug 2011
Stephen Gay ‏@airbusguy2000
Valerie is very good on the stand. Very sweet and soft-spoken. Her version of events radically different from what I've heard so far.



Stephen Gay
19 Aug 2011
Stephen Gay ‏@airbusguy2000
BTW, the hearing resumes Monday at 9:30 AM. This ain't over by a long shot.



Stephen Gay
19 Aug 2011
Stephen Gay ‏@airbusguy2000

 

[Phoenix]

I don't need to assume that Ucrapa is in crisis mode from that update. What's the matter? No more extortion payments being collected? Can't get anyone to donate to Ucrapa LLC? AWE

You still don't get it. Marty doesn't need any USAPA money when you all pay him handsomely to hunt for snipe.

 

[Phoenix]

How do you plan on paying your attorney fees if Judge Conrad puts Ucrapa on ice like he did in the past? I don't think selling a Ford Taurus and selling office furniture will cover the bills. AWE
NOTICE of Hearing on Motion re: [16] MOTION for Temporary
Restraining Order or Preliminary Injunction (with notice) : Motion
Hearing set for 6/30/2015 02:00 PM in Courtroom 2-1, 401 W Trade St,
Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is
your only notice - you will not receive a separate document.

Every doom and gloom you dream up is premised with "if"... If, if, if..

There's your sign.