2015 Pilot Discussion.

[Claxon]

Doug Parker Letter 08/16/2007


Dear US Airways Pilot:

I should clarify that a joint contract does not necessarily mean immediate seniority integration. I have spoken with enough of our East pilots to know that such a proposal would be extremely difficult, if not impossible, to get ratified.



UNITED STATES DISTRICT COURT
May 12, 2009 - Jury Trial - Day 10
2058


You will recall the testimony of plaintiff Mark Burman. He's the man who verified the complaint in this action for the plaintiffs who agreed that the union election between ALPA and USAPA was basically a referendum vote rejecting the Nicolau Award.



May 12, 2009 - Jury Trial - Day 10
2009


You had plaintiff witness Ken Stravers, former chairman of the West Merger Committee, agree that the term log-jam was appropriate. Plaintiff Mark Burman recognized that there was an impasse. Plaintiffs' witness Russell Payne, former member of the ALPA -- the West ALPA MEC merger committee, agreed that the Wye River meetings were to resolve the impasse that existed and that they didn't succeed. Named plaintiff Steve Wargocki confirmed he had described the impasse that had arisen between the two sides as a quagmire.

 

[cactusboy53]

If only there was SOME WAY, where two parties could argue their point of view and a 3rd neutral party would make a determination of seniority that would be FINAL & BINDING. .....

Cheat.

 

[Claxon]

If only there was SOME WAY, where two parties could argue their point of view and a 3rd neutral party would make a determination of seniority that would be FINAL & BINDING. .....
Cheat.

Read this as you fly to KPHL for your feast at the behest of Doug Parker......


AAALEC 90 (CLT) update for Tuesday, August 07, 2007



The profitability road that we are on is squarely on the backs of the AAA pilots. And as the breakdown of the second quarter financials indicate, the AWA portion of the operation continues to show a loss. This makes it all the more disheartening to learn that the AWA MEC approached management and relayed that the "West pilots would be outraged if the East was granted parity." Such sentiment sinks to a level that is not representative of our profession or of unionism at its most basic form. The inescapable reality remains that we make less for doing the same job. And our bankruptcy-garnered wages continue to generate a stockpile of cash even during a period when our operation is at an all-time low."

If the leadership of the AWA MEC "would be outraged if the East was granted parity" would anybody be surprised if ALPA National placed the AWA MEC into trusteeship and appointed true union leaders to run their affairs?

The AWA MEC should be ashamed.

You reap what you sow......
The FISHBOWL is your punishment for your greed.

 

[cactusboy53]

Oh look... letters an missives from 2007 (that would be 2 years AFTER America West Holdings acquired the failing US Air).

I'm looking forward to hearing what the BOA has to say about your proposal. Have a great Turkey Day. You're probably the biggest turkey I know.

 

[Claxon]

Oh look... letters an missives from 2007 (that would be 2 years AFTER America West Holdings acquired the failing US Air).
I'm looking forward to hearing what the BOA has to say about your proposal. Have a great Turkey Day. You're probably the biggest turkey I know.

CEO: William Douglas Parker
Address: 111 W. Rio Salado Pkwy., Tempe, AZ 85281
Phone: 480-693-0800
Website: http://www.usairways.com



$ millions

% change from 2004

Revenues

5,077.0

N.A.

Profits

-537.0

N.A.

Assets

6,964.0

—

Stockholders' Equity

420.0

—

Market Value 3/17/2006

2,908.5

—

Profits as % of

Revenues
-10.6
Assets
-7.7
Stockholders' equity
-127.9
Earnings per share

2005 $
-17.06
% change from 2004
N.A.
1995-2005 annual growth rate %
N.A.
Total return to Investors

%

2005

N.A.

1995-2005 annual rate

N.A.

Industry: Airlines

Rank

Company

500 rank

Revenues ($ millions)

1

AMR

105

20,712.0

2

UAL

124

17,379.0

3

Delta Air Lines

135

16,191.0

4

Northwest Airlines

182

12,286.0

5

Continental Airlines

207

11,208.0

6

Southwest Airlines

300

7,584.0

7

US Airways Group

424

5,077.0

8

Alaska Air Group

621

2,975.3

9

SkyWest

818

1,964.0

10

Jetblue Airways

896

1,701.3

11

ExpressJet Holdings

942

1,562.8

12

Airtran Holdings

989

1,450.5

From the April 17th, 2006 issue
Footnote:
Acquired America West Holdings (2004 rank: 678), Sept. 27, 2005. For accounting purposes, however, the company is treating America West as the acquirer.

 

[Claxon]

Bottom line CB53
You have lied to your PHX pilots since you first held office. You, Vasin, Ferguson, and Koontz have kept the FISHBOWL filled since Parker bought you and plopped you in. You are an embarrassment.

 

[dariencc]

Bottom line CB53
You have lied to your PHX pilots since you first held office. You, Vasin, Ferguson, and Koontz have kept the FISHBOWL filled since Parker bought you and plopped you in. You are an embarrassment.

 
This post is so dead on.

 

[cactusboy53]

This post is so dead on.

Sorry, you are incorrect. Claxy's post is utter hyperbole & lies. The DOH down-by-the-rivet gang has lied and led your group to nothing but delay, loss of wage & time off, loss of benefits, and shame.

Your word now means spit.

 

[cactusboy53]

Enjoy your brief foray into the west pilot free zone KPHL. While you enjoy your junior status that existence in the FISHBOWL affords, and work another holiday.
It is common fact west pilots use brakes MED to avoid passing the TransAtlantic Fleet that shines beautifully as it assembles every afternoon. You can thank the 2004 west hires for that.
Mitch Vasin, Dave Simmons, Eric Ferguson, Jeff Koontz- architects of the west debacle of a decade of lost wages and opportunity.
Happy Thanksgiving.

Oooh. It's almost like you know the end is near. That post reeked of turkey-stuffed desperation. Gobble gobble.

 

[end_of_alpa]

On a different note: 
http://www.scotusblog.com/case-files/cases/friedrichs-v-california-teachers-association/
 
Friedrichs v. California Teachers Association.
 
Docket No.    Op. Below     Argument     Opinion       Vote
14-915                9th Cir.        Jan 11, 2016    TBD             TBD
 
Issue: (1) Whether Abood v. Detroit Board of Education should be overruled and public-sector “agency shop” arrangements invalidated under the First Amendment; and (2) whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring that employees affirmatively consent to subsidizing such speech.
 
Nov 24 2015  SET FOR ARGUMENT on Monday, January 11, 2016
 
United States Court of Appeals for the 5th Circuit
Court of Appeals Docket #: 15-10328
Nature of Suit: 3740 Railway Labor Act
Docketed: 04/17/2015
Jose Serna, et al v. TWU of America AFL-CIO
Appeal From: Northern District of Texas, Dallas
 
 
11/03/2015 ARGUMENT HEARD before Judges Stewart, Clement, Elrod. Arguing Person Information Updated for: Bruce N. Cameron arguing for Appellant Ralph Anderson, Appellant Santos Cordero, Appellant Roberto Cruz, Appellant Kent Hand, Appellant Greg Hofer, Appellant Warren Lambert, Appellant Sari Madera, Appellant Mary Richardson and Jose Serna; Arguing Person Information Updated for: Peter D. DeChiara arguing for Appellee Transport Workers Union of America AFL-CIO [15-10328] (PFT)
 
November 04, 2015
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW:
No. 15-10328   Jose Serna, et al v. TWU of America AFL-CIO
USDC No. 3:13-CV-2469
 
Your appeal has been placed in abeyance this date pending a decision in the U.S. Supreme Court Case No. 14-915. Once the case has been removed from abeyance, you will receive notification from this court with any additional instructions.
 
Sincerely,
LYLE W. CAYCE, Clerk
LYLE W. CAYCE CLERK 
TEL. 504-310-7700
600 S. MAESTRI PLACE NEW ORLEANS, LA 70130
 
GOOD BYE MANDATORY UNION DUES AND GOOD BYE UNIONS AND GOODBYE SENIORITY. HAPPY HOLIDAYS!!!!

 

[luvthe9]

Bottom line CB53
You have lied to your PHX pilots since you first held office. You, Vasin, Ferguson, and Koontz have kept the FISHBOWL filled since Parker bought you and plopped you in. You are an embarrassment.

Hey, when your good at something stick to it..........big smiles!

 

[luvthe9]

Sorry, you are incorrect. Claxy's post is utter hyperbole & lies. The DOH down-by-the-rivet gang has lied and led your group to nothing but delay, loss of wage & time off, loss of benefits, and shame.
Your word now means spit.

Huh flounder, you just stay in that fishbowl, what you describe is what YOU have done to all west pilots.........keep lying, you excel at it.

 

[Phoenix]

The Cacharel budget might tighten a bit. Mac D's or Subway... Unless of course the leaders start negotiating instead of colluding.

 

[end_of_alpa]

What the APA and the West pilots have given us come 2020. Read this "blast from the past":

http://consumertraveler.com/today/will-aa-flight-attendants-strike-ex-twa-flight-attendants-hope-so/

Have no doubt about it, in the current negotiations between American Airlines and its flight attendants, the flight attendants union, Association of Professional Flight Attendants (APFA), have already shot themselves in the foot. The the airline knows that it has a ready, willing and able workforce of ex-TWA flight attendants who will happily break any APFA sanctioned strike.

There is no love lost between ex-TWA flight attendants and APFA. The AA union refused to negotiate with the TWA union to blend flight attendants into their ranks when AA bought TWA back in April 2001.

According to AAs slogan at the time, the purchase would mean, Two Great Airlines Sharing One Great Future. But after giving lip service to the TWA employees and the U.S. Congress to obtain a fast track approval of the acquisition, the airline when faced with APFA grumblings abandoned the TWA flight attendants. This group of unionized workers are unique in the airline industry in terms of how they were treated by the acquiring airline, its union and the government.

The TWA flight attendants were unceremoniously stapled to the bottom of the AA flight attendant list. This is the equivalent of kicking sand in the other unions face.

Under this cockeyed seniority system original AA flight attendants with only days on the job were ahead of TWA flight attendants with almost decades of flight experience. Some of the TWA veterans were let go just days before retirement.

I dont believe that even one ex-TWA flight attendant is flying for American Airlines today.

I know plenty of TWA flight attendants who want to fly again and who would love to have a chance to kick some sand back in APFAs face. Ex-TWA flight attendants felt that they were more mistreated by their new union than they were by AA and TWA honchos. Their careers were stolen from them by a bad union.

And, Ill bet there are trained flight attendants from other airlines who have been furloughed recently who would take AA jobs in a heartbeat.

Plus, many of the international flights to South America are already crewed (according to contract and bilateral agreements) by non-union foreign flight attendants. Something tells me there are a lot more flight attendants where those came from.

So, no matter what the leaders of the current flight attendant union claim in their negotiations with AA, their eventual capitulation to company demands is baked in the cake.

 

[cactusboy53]

Bottom line CB53
You have lied to your PHX pilots since you first held office. You, Vasin, Ferguson, and Koontz have kept the FISHBOWL filled since Parker bought you and plopped you in. You are an embarrassment.

[SIZE=12pt]We do not address the thorny question of the extent to which the Nicolau Award is binding on USAPA. We note, as the district court recognized, that USAPA is at least as free to abandon the Nicolau Award as was its predecessor (NOTE TO THE CLUELESS: The predecessor was NOT free to abandon the Nicolau Award), ALPA. The dissent appears implicitly to assume that the Nicolau Award, the product of the internal rules and processes of ALPA, is binding on USAPA. [/SIZE]
 
[SIZE=12pt]Ninth Circuit Court of Appeals Opinion[/SIZE]

[SIZE=12pt]Case: 09-16564 06/04/2010[/SIZE]
[SIZE=12pt]************************************************************************************************************************************************[/SIZE]
 
[SIZE=12pt]“In this instance, despite a year of negotiating efforts, there was no agreement on a list. Subsequently, the Representatives choose the Undersigned as Board Chairman and opted for the Med-Arb process. Those mediation efforts, held over the course of five days in October 2006, were similarly unsuccessful. Thereafter, the Parties agreed on the arbitration ground rules, and, pursuant to the Policy, each chose a Pilot Neutral from ALPA's Pilot Neutral Master List as a nonvoting member of the Arbitration Board.”[/SIZE]
 
[SIZE=12pt]George Nicolau, Mediator[/SIZE]

[SIZE=12pt]AWA/AAA Opinion & Award; May 07, 2007[/SIZE]
[SIZE=12pt]***********************************************************************************************************************************************[/SIZE]
 
[SIZE=12pt]“…The Arbitration Board conducts an evidentiary hearing, with witnesses, evidence and a stenographic transcript. The Board’s Opinion and Award are to be issued simultaneously, within 150 days following the PID, unless both pilot groups and ALPA’s President agree to an extension. The Merger Policy provides, “The Award of the Arbitration Board shall be final and binding on all parties to the arbitration and shall be defended by ALPA.” No ALPA seniority integration arbitration result has ever been set aside by the courts although some dissatisfied pilots have challenged the award before administrative agencies and the courts.”[/SIZE]
[SIZE=12pt]US Airwaves June/July 2000[/SIZE]
[SIZE=12pt]US Air Merger Committee Members: Todd Cardoza (PIT), Mike Cleary (BOS),Randy Mowery (PIT)[/SIZE]
[SIZE=12pt]************************************************************************************************************************************************[/SIZE]
 
[SIZE=12pt]“Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so.  By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized. An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.”[/SIZE]
 
[SIZE=12pt]Judge Roslyn O. Silver, Chief United States District Judge[/SIZE]

[SIZE=12pt]No. CV-10-01570-PHX-ROS ORDER; October 11, 2012[/SIZE]
[SIZE=12pt]************************************************************************************************************************************************[/SIZE]
 
[SIZE=12pt]“Actually, it is USAPA that is needlessly delaying the resolution of the seniority dispute and jeopardizing the enforceability of the agreement the parties are able to reach. …….The arbitrator’s decision was to be final and binding on both pilot groups and was to be accepted by the Company so long as certain conditions were met.  The Nicolau Award has resulted in four years of litigation including a trial in federal court and jury verdict fining USAPA’s proposal for a non-Nicolau list to constitute an unlawful breach of the union’s duty of fair representation….”[/SIZE]
 
[SIZE=12pt]Paul D. Jones; Vice President – Legal Affairs and Chief Compliance Officer[/SIZE]

[SIZE=12pt]Exhibit 1 of  Declaration of Counsel; Case 13-15000, 02/20/2013
***********************************************************************************************************************************************[/SIZE]
 
[SIZE=12pt]In the matter of: Preliminary Arbitration Board APA/USAPA/AA (December 17, 2014)[/SIZE]
 
[SIZE=12pt]ARBITRATOR JAVITS: All three lists. I guess the gravamen of the questions is are you then putting yourself in the place of Nicolau, are you the new Nicolau because you are proposing a list which may not reflect Nicolau's list? ….. And American pilots. And, therefore, you're making a proposal, which may be different than what Nicolau had in mind and issued back in '07.[/SIZE]
 
[SIZE=12pt]MR. FREUND (in closing): As the Chairman put it so nicely in his questioning of Jess Pauley, what the US -- what the East Committee, the US Airways Committee, the USAPA Committee, call it what you want, what it wants to do is to put itself in the place of George Nicolau and redo what George did in 2007.[/SIZE]
[SIZE=12pt]************************************************************************************************************************************************[/SIZE]
 
[SIZE=12pt]I think (based on testimony, and judicial commentary) that the EAST pilots and those that led USAPA are the ones that LIED to thier pilot group and cheated them out of MILLIONS of dollars, TIME OFF & contract improvements that they will NEVER recover.[/SIZE]
 
[SIZE=12pt]Hey...WYE don't you quote some 10 year old blog of a person that WAS NOT in a position to do anything other than opine to make your point?  WYE don't you post a 25 year old video to cry "WYE ME???!!!???".[/SIZE]
 
[SIZE=12pt]Don't you worry.  Everyone in this industry knows exactly whom they are dealing with.  The end of your little tantrum is drawing to a close.[/SIZE]