2015 Pilot Discussion.

[snapthis]

Not to offend anybody but it looks like Marty is working on the wording of the proposed TRO.

MEMORANDUM IN SUPPORT OF PLAINTIFFS’ [PROPOSED] TEMPORARY

RESTRAINING ORDER
Case 3:14-cv-00577-RJC-DCK Document 62 Filed 07/14/15


The LMRDA Defendants Must Not Be Permitted To Authorize USAPA To Pay For
Further Efforts At The Ninth Circuit And Beyond.
On July 10, 2015, USAPA filed a Petition for Re-Hearing En Banc at the Ninth Circuit.
Because USAPA has withdrawn from the SLI proceedings completely, and has avowed not to reenter
regardless the outcome at the Ninth Circuit, expenses from briefing at the Ninth Circuit and
beyond is not “collective legal action on behalf of the pilot group” because USAPA has no further
role in SLI proceedings and is now entity fractured into two groups. Nevertheless, counsel for the
LMRDA Plaintiffs offered and continue to offer a compromise to allow the LMRDA Defendants
to authorize USAPA to expend a reasonable amount of treasury funds to file the Petition for Rehearing
En Banc, but nothing further. This is only an offer to compromise given the short deadline
that USAPA had to file at the Ninth Circuit. If the Ninth Circuit denies the Petition, the LMRDA
Defendants should not be allowed to authorize to spend any further treasury funds on effort on
remand in the District Court or to seek a writ of certiorari from the US Supreme Court.
This is not a hardship on the LMRDA Defendants because USAPA has already confirmed
it will not re-enter the SLI process, so there is no need to spend any further USAPA funds on such
efforts.

 

[A320 Driver]

I doubt if 1.3 million will cover the expenses the USAPA Merger Committee ran up with full FPL for it's members for over a year plus legal fees. But I think you all know that...

 

[im back..!!]

OK.  We have proven OVER & OVER that US Air was on it's last breath.  Other than the CEO/President caiming that AWA would have been headed for bankruptcy (while still turningn a profit????), can you PROVE that AWA was "toast"?  If memory serves, I believe the story that the company told the government during the proceedings was more like AWA was in good financial health. 
 
I know how lazy you are and like to make up your "truth", so give me a little time to dig up the information (so I can post it here MULTIPLE times - like you would actually read it and believe it..;-)

I assume and grant you, everything you said about saving USAir is true....

But to quote our next president, "What difference does it make"?

Our arbitrated and accepted SLI was never implemented. It never attained the 3rd leg of its implementation, a JCBA....
The current Arbs will decide if they should use NIC or not.... That's why the 9th Diane infer that they must use it, the actually made sure that they knew they weren't required to use NIC...

It will be decided soon, we will all live with it, there isn't a choice, this is federal, unlike the NIC....

Chill, it's all winding down now... We will either be in training soon for wide bodies, or nowhere near them..... Either, I don't care, I've got mine....

Good luck to us all!

 

[snapthis]

I doubt if 1.3 million will cover the expenses the USAPA Merger Committee ran up with full FPL for it's members for over a year plus legal fees. But I think you all know that...

It also appears that this tactic would benefit the LMRDA Defendants further because any new
East Merger Committee most likely will have access to the entire $1.3 million left on the table for
them to argue for seniority and pay increases that will benefit the LMRDA Defendants and the
East Pilots. Thus, the LMRDA Defendants will have been able to tax the West Pilots by using
USAPA treasury funds for the USAPA Merger Committee expenses, and leave behind and
unavailable to all USAPA members the $1.3 million they could have gotten from APA.
Case 3:14-cv-00577-RJC-DCK Document 62 Filed 07/14/15 Page 7 of 11
 


CONCLUSION
 
The LMRDA Plaintiffs have established the need for a TRO against the LMRDA
Defendants to stop their misuse of USAPA treasury funds and to preserve as much of USAPA
funds as possible for the benefit of USAPA and its membership. It is clear, especially from the
LMRDA Defendants’ unwillingness to be bound by an order of this Court and their stated intent
to spend an additional $500,000, that they will not cease breaching their duties to the membership
of USAPA unless and until ordered to do so by this Court. This Court should therefore enter a
TRO in substantially the same form as submitted herewith as Exhibit H, and submitted via
Cyberclerk.
 
Respectfully submitted this 14 th day of July, 2015.
 

 

[A320 Driver]

It's pretty clear what you (West) are trying to do...
You only want two horses in the race and your lawyers will do whatever is necessary to try to make that happen.

 

[snapthis]

It's pretty clear what you (West) are trying to do...
You only want two horses in the race and your lawyers will do whatever is necessary to try to make that happen.

Your horse has withdrawn from the race. If you rename it, it's still the same horse.
 
Whenever a horse is scratched it means that the horse was entered to run in a race but for some reason will not be able to. This can happen for a number of reasons. It can be from injury, track conditions, or even after they have loaded in the starting gate. It is not unusual for a horse to act up in the gate, and track officials making the decision that is too dangerous for the horse to reload, or the risk of injury is too great. When a horse scratches, all wagers are refunded to betters

 

[A320 Driver]

I think it's more than that. You want us silenced...isn't that what the 9th basically did? Put us in the corner holding a flag with NIC written on it to wave occasionally? I think they are the ones that caused the withdrawal. Tashima was right. That ruling took away all representation for the East...not just the part about the NIC.

 

[snapthis]

MEMORANDUM IN SUPPORT OF PLAINTIFFS [PROPOSED] TEMPORARY
RESTRAINING ORDER

Pg 5

A. The LMRDA Defendants Must Be Bound By The TRO.
As addressed in the LMRDA Plaintiffs briefs and as discussed at the June 30 hearing, as
of September 16, 2014, USAPA was decertified as the bargaining agent for all US Airways pilots,
and the officers and directors were at that point no longer constrained by the duty of fair
representation imposed by the Railway Labor Act (RLA). And, as this Court recognized at the
June 30 hearing, the landscape changed that date because USAPA is a North Carolina
unincorporated non-profit membership association.
Under North Carolina law, such an association consists of members joined by mutual
consent for a common, nonprofit purpose. See N.C.G.S. §§ 59B-2 et seq. As of September 16,
2014, however, there was no unified group of members joined by mutual consent for a common
purpose. Instead, there was a majority group of East Pilots including specifically the LMRDA
Defendants in control, ganging up on a minority group of West Pilots who had previously been
forced to pay dues to USAPA when it was the certified bargaining agent. The LMRDA Defendants,
who are East Pilots, used USAPA treasury funds to facilitate and further their and the other East
Pilots position against the West Pilots, in order to increase the LMRDA Defendants and other
East Pilots pay and seniority at the expense of the West Pilots.
The LMRDA Defendants did not cease spending USAPA treasury monies to feather their
own nests after September 14, nor even after January 9, 2015, with the PAB confirmed that
USAPA did not represent the West Pilots in the SLI proceedings. Instead, the LMRDA Defendants
continued with their unfettered spending of USAPA treasury funds to the tune of $3.5 million, and
they seek to spend another $500,000 right now for expenses that have only ever benefitted them
and their fellow East Pilots. Their spending must stop, and every effort must be made to seek
reimbursement from APA from the $1.3 million made available to them for all merger-related
expenses.
Because the LMRDA Defendants have breached their fiduciary duties to USAPA and its
members by spending money that shouldnt have been spent, by incurring expenses that should
not have been incurred, and by failing and refusing to pursue the $1.3 million assets available to
USAPA, the LMRDA Defendants must be enjoined by this Court.
The LMRDA Defendants and USAPA insist that if USAPA is bound, that is all that is
necessary. Not so. First, an entity acts only by and through it officers and directors, here the
LMRDA Defendants. Second, this is an LMRDA action, and its remedy is by statute against the
officers and directors for the benefit of the entity:
This is an action brought by union members of USAPA under Title V of the [LMRDA] seeking
. . . restitution to USAPA, for the benefit of its members, of any monies spent in violation of
Defendants fiduciary duties . . . and [] disbursement of USAPA funds to its members in
accordance with its Constitution. Compl. ¶ 1 (emphasis added). Thus, every member of
USAPAregardless of his or her status as an East or West Pilotstands to benefit if this Court
grants the TRO proposed by the LMRDA Plaintiffs

 

[Claxon]

Your horse has withdrawn from the race. If you rename it, it's still the same horse.
 

USAPA has not withdrawn from anything at this point sir, they have two fronts now.
 
I believe they will have an "En Banc" hearing with the 9thCircuit Court on the west coast and a USAPA's money "in bank" hearing on the East coast in short order.

 

[Claxon]

MEMORANDUM IN SUPPORT OF PLAINTIFFS [PROPOSED] TEMPORARY
RESTRAINING ORDER

Pg 5
,,,,,????????????

You always posts marty's legal briefs like they were a court finding of some kind.
 
In my opinion, marty's briefs are mainly small in the front and big in back.

 

[Claxon]

Does anyone actually believe a professional arbitrator will think that US Airways was going to fail and the west saved them?  Preposterous! 

 

[cltrat]

Does anyone actually believe a professional arbitrator will think that US Airways was going to fail and the west saved them?  Preposterous! 

well they did save American you seen it yourself a few posts ago 🙄 🙄

 

[snapthis]

You always posts marty's legal briefs like they were a court finding of some kind.
 
In my opinion, marty's briefs are mainly small in the front and big in back.

I just do it because you are easily offended. It must irritate the heck out of you, you can no longer censor communications from West pilots.

Are you going to give me 8 hours to remove the briefs?

 

[Claxon]

I just do it because you are easily offended. It must irritate the heck out of you, you can no longer censor communications from West pilots.

Are you going to give me 8 hours to remove the briefs?

I can read marty's "War and Peace" size legal briefings on your army of liyingitas web site since 2007, you are still on phx island, stagnated and will be for years.

 

[snapthis]

I can read marty's "War and Peace" size legal briefings on your army of liyingitas web site since 2007, you are still on phx island, stagnated and will be for years.

 
I hope Marty keeps you reading until you get the message.