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2015 Pilot Discussion.

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Followed by this introduction:

U-Turn realizes that all 80-some PHX/LAS members in good standing have already received the campaign email below, but we have 1500 other active pilots who have not. There will be another election as soon as we get over 100 members in good standing. Unfortunately the deck was stacked against Ken in this round by AWAPPA, which is supporting its puppet-in-training, Brice Le Carre. Anyone who thinks Brice wrote those attack messages hasn't read any of Brice's resolutions in the old ALPA days.

If we are ever going to have representation that the rest of USAPA will take seriously, we need calm and firm leadership, not the shrill voices of AWAPPA manipulating our only Rep. As Mark Burdick said, the NIC is going to be resolved in the court house, not on the Jumpseat. We all know Ken's track record. It speaks for itself. And Brice's?

U-Turn


Brice LeCarre is the owner of Cat3 Productions. Cat 3 produced most of the absurd west videos shown here.
 
Merger Committee Update
February 3, 2009

The Merger Committee was in PHX this week with attorney Lee Seham for the purpose of deposing the six named plaintiffs in the Addington Federal Court Case. Deposed were Don Addington, John Bostic, Mark Burman, Afshin Iranpour, Steve Wargocki and Roger Velez.

Some of the key developments:

The troubling inability of the plaintiffs to clearly identify their fiduciary responsibility to the class they are seeking to represent;

For the judge to grant class certification, he must be convinced the plaintiffs understand their duties to the class. If they don’t, then we have to wonder about their pre-deposition preparation.

Their collective inability to coherently describe the federal complaint filed on their behalf, with several of the deponents unable to even identify the number of counts therein;

One despondent thought there were 5 counts, others could not name the actual three counts. Didn’t anyone do their homework?

The admission by plaintiffs that ALPA National was pressuring the West MEC to modify the Nicolau list;

If the ALPA process was final and binding why was there a Rice committee, a blue ribbon panel and Wye River? But then, our own Merger attorney made it clear in a court filing back in July 2007 that “the proposed pilot seniority list developed through ALPA’s Merger policy that ALPA will adopt as its bargaining position to be presented to the Company, but which (like a union bargaining position in any matter) the Company is not required to accept.”

Notwithstanding ALPA National’s posture, the plaintiffs still refuse to consider any settlement that modifies this list;
None of the plaintiffs could cogently describe USAPA’s seniority proposal, and most of them had not even read it;
A Leonidas LLC “control group” composed of non-plaintiffs exercising substantial control of litigation strategy;

This violates the fiduciary standard. We have to ask: Who is controlling the class? Who is pulling the strings? And do they fairly represent the class?

One of the four Leonidas LLC directors is apparently now employed as an American Airlines pilot;\

Having Kevin Horner associated in any way with this DFR only hurts the effort. How can he adequately meet the fiduciary requirements to fairly represent the class? Our sources have told us that Kevin Horner’s current union, the APA, is furious with him for his participation in a DFR suit against another union.
 
CactusPilot1 said:
I’ve written many times about the US Airline Pilots Association (USAPA), and it’s never been in a good light. This week, the group which represents the pilots at US Airways has once again topped itself by taking out a full page ad in USA Today talking about how US Airways is unsafe. Though there are other groups in the running, I think USAPA has demonstrated that it is the most ineffective, poorly run union group out there. For Cranky Jackass Awardthe misguided representation it provides its pilots, USAPA gets the Cranky Jackass award. This has been a long time coming.
You may already know the story. USAPA was created when the US Airways “East” (pre-merger US Airways) pilots didn’t like the seniority agreement that was decided upon in binding arbitration (yes, “binding” is apparently a loose term) with the US Airways “West” (pre-merger America West) pilots. So they marched off and voted in a new union, casting off the arbitration result. The West pilots didn’t like that (it’s been working its way through the courts), but they didn’t have the numbers to prevent the move. You can read more of the history here. In short, USAPA has done absolutely nothing good for its members, but it wrongly likes to blame US Airways management for its failings.
And that brings us to USAPA’s current strategy . . . try to burn down the company and apparently put all of its members out of a job.
The latest shameful tactic is the taking out of a full page ad in USA Today claiming that US Airways is unsafe. Let’s see. You work for an airline that pays your salary with revenue that comes in the door, and now you’re going to turn around and try to shut off that revenue by falsely claiming your airline is unsafe? Simply pathetic. It’s such a blatant negotiating tactic, but how will the general public react? That’s unclear, though this hasn’t received much press at all considering all the more important “real” news in the aviation world in the last week.
The ad itself used a single pilot incident that happened on June 16 to show the supposed danger of flying the airline. Apparently there was a flight scheduled to cross the Atlantic from Philly that evening and there were a couple of mechanical issues. There are some mechanical issues that aren’t considered crucial to be fixed, and that appears to be the case here, but the captain refused to fly the airplane and then, according to the union, she was escorted out of the airport by corporate security. The next crew refused to fly the airplane as well. Over the next couple hours, some maintenance work was done and the airplane went on its way with a third crew.
This is why the union says US Airways is an unsafe airline. It says the airline is intimidating its pilots and pushing them to fly even if it’s not safe. Then if they refuse, it has security remove them. Sounds bad, right? Too bad it’s a crock.
Now, regarding the mechanical incident itself, I don’t know whether the captain did the right thing by refusing to fly the airplane. I do know that the FAA found US Airways did nothing wrong. Here’s the statement:
The FAA manager assigned to the US Airways certificate reviewed the June 16, 2011 incident. The APU shutdown the aircraft experienced is a failure that pilots are well aware can happen and that they are trained to recognize. The battery apparently was depleted by attempts to restart the APU. Flying an aircraft with an inoperative APU is not an unusual event and normally poses no safety issues when proper limitations are applied. The Captain simply chose to exercise her pilot-in-command authority of not accepting an aircraft. Our information indicates that US Airways followed their approved MEL procedures, and all maintenance procedures were followed in accordance with the operator’s approved maintenance program. We found no violations of Federal Aviation Regulations.
That being said, if a captain doesn’t feel comfortable flying an airplane, then it’s his or her right to deny it. The problem arises when that privilege is abused just to delay or cancel flights without good reason. I’m not saying that happened here. I don’t know, and frankly, it’s not central to my point. I have no problem in theory with her walking away from the flight.
But why would security come escort the captain from the airport? USAPA wants you to believe it’s because she refused to fly the airplane. Not quite. According to US Airways, “the Captain was escorted out of the airport by corporate security (after being released from duty) not for her refusal to fly but for her comments made to customers regarding the safety of the aircraft.” Unfortunately, I don’t know details about what she said to the passengers, but it was apparently highly inappropriate. See more in this a.net discussion. I would have had her carted off the airplane as well.
In reality, there is nothing pointing to US Airways being unsafe but rather more evidence of the airline having good safety practices. It recently passed the IATA Operational Safety Audit, for example. But that won’t stop the union from trying to sully the airline’s reputation. (Get it? Sully? I crack myself up.)
In the end, USAPA simply wants to damage US Airways as if this will somehow convince the airline to throw a ton of money at the union and solve all its problems. Unfortunately, the union needs to solve its own problems regarding seniority before it can even be ready to talk to management, and it doesn’t seem any closer to doing so. I feel really bad for those pilots who never even wanted this union to represent them in the first place. This whole thing is simply pathetic and more than worthy of the Cranky Jackass Award.
[Thanks to Johosofat for the excellent Cranky Jackass Award]
Hey Claxon, I nominate you for the next Jackass award.

:lol:
 
U Turn and The NAC

FINALLY, a breath of fresh air, after 4 Years of Doug Dotter give backs and stalling (all under ALPA). FINALLY we have a member of the USAPA Negotiating Advisory Committee who represents US. FINALLY someone who can explain 8:30 rest, our NO-FLY list, and all the West-specific issues. Remember after Frank Helton and I placed Captain Mark Burdick in the Chairman of the Negotiating Committee? We were the first and only Reps in AWA history to bring improvements without being in Section 6 Negotiations.

FINALLY the company suck-ups that caused ALPA to be removed from the property are finally gone and we can move forward with some real gains.

David Blomgren
 
U Turn: AOL Vs AWAPPA

This week’s topic is the ongoing battle between AWAPPA and AOL. Does AWAPPA really have half a million dollars? Where’s the money? Now we’re hearing AWAPPA’s going to hire an accountant and let us know. While they’re checking the books, they need to transfer whatever’s left into AOL’s account or give it back. This money was donations, not dues. ATTENTION AWAPPA Leaders: your days are done. For once, show some class and give the money to AOL, where it will do some good or give it back to us. And whatever you do, don’t pull a John McIlvenna on your way out.

For those of you who haven’t heard, John McIlvenna filed two grievances with the company on July 30th. One was on Section 29, dues check-off.

I assert and grieve that this automatic transfer was done incorrectly… No amended agreement is in place that gives specific rights to USAPA under the provisions of the RLA as yet and therefore USAPA cannot collect dues or agency shop fees under Section 29, nor can the company enforce these obligations under Section 29 either.

The other was on Section 22, the displacement bid.

As a result of this bid, I will be forcibly downgraded to First Officer while East pilots that are junior to me on the merged seniority list continue to hold their higher-paying Captain positions.

As much as we all wish that there was a “merged seniority list” based on the NIC in place right now, the truth is: there isn’t. And a grievance isn’t going to answer that question, only a DFR lawsuit after the NIC is discarded. In fact, AWAPPA’s own attorney, Jeff Freund, said the Nicolau Award: “is in actuality the proposed pilot seniority list developed through ALPA’s Merger policy that ALPA will adopt as its bargaining position to be presented to the Company, but which (like a union bargaining position in any matter) the Company is not required to accept…but which merely sets out ALPA’s bargaining position to be presented to the company...ALPA’s bargaining proposal to the company… merely sets out ALPA’s bargaining position to be presented to the company…”

So John McIlvenna files a grievance based on the NIC being in place, when a year ago AWAPPA’s own attorney said the proposed list was nothing more than a “proposed bargaining position.” Does anyone think this grievance even passes the laugh test? But it’s no laughing matter.

Both grievances were sent to CP Wood but John doesn’t even want the CP to hear the grievance:
 
From the Court Clerk:
Full docket text:
Case reassigned to District Judge Robert J. Conrad, Jr. District Judge Max O. Cogburn, Jr no longer assigned to the case. This is your only notice -

I'll bet this made your day, Claxon.

I see you keep avoiding the subject :lol:

Sorry if I am interfering with your...What exactly is your point?
 
Can you tell us why McIlvenna filed those grievances as if the Nic was in place? And the CP laughed him out on direct order of Doug Parker.
 
EastCheats said:
From the Court Clerk:
Full docket text:
Case reassigned to District Judge Robert J. Conrad, Jr. District Judge Max O. Cogburn, Jr no longer assigned to the case. This is your only notice -
I'll bet this made your day, Claxon.
I see you keep avoiding the subject :lol:
Sorry if I am interfering with your...What exactly is your point?
None of this concerns me. It will be as if you morons sued Ford Motor and expected the judge to jail every officer and director. You guys are honestly not very bright, but everyone knew that.
 
Claxon said:
Can you tell us why McIlvenna filed those grievances as if the Nic was in place? And the CP laughed him out on direct order of Doug Parker.
I'm sorry but I don't have JM on speed dial 😉
 
Claxon said:
None of this concerns me. It will be as if you morons sued Ford Motor and expected the judge to jail every officer and director. You guys are honestly not very bright, but everyone knew that.
Bright enough to keep Usapians from achieving their final solution prior to decertification. 😉
 
Claxon said:
.....It will be as if you morons sued Ford Motor and expected the judge to jail every officer and director. You guys are honestly not very bright, but everyone knew that.
 
That's perhaps a bit terse, but sadly accurate.
 
EastCheats said:
From the Court Clerk:
Full docket text:
Case reassigned to District Judge Robert J. Conrad, Jr. District Judge Max O. Cogburn, Jr no longer assigned to the case. This is your only notice -

I'll bet this made your day, Claxon.

I see you keep avoiding the subject :lol:

Sorry if I am interfering with your...What exactly is your point?
And this means what.....exactly???
 
EastCheats said:
Take note, we finally have a union again. So long...fake union.

Take note...we have some who can't let go..

AWE

:lol:
 
Although I personally have no dog in this fight anymore, I am glad to see that we have the APA now representing us.
 
Why?  Because, westies, the APA will "clean your clock" with much more efficiency and aplomb than the relatively young USAPA might have done.
 
Happily, I will still be here to see the APA wipe the floor with you guys, and then shortly move myself on to my tropical island retirement.
 
Cheers!
 
Claxon said:
The U-Turn  If we had a single contract in place, the NIC would also be in place. Sure, we would probably still have USAPA. But long before the East removed ALPA, we would have been operating under a single contract, with the Nicolau seniority list in place. 
 
USAPA would have never been elected the CBA had the Nicolau list been already active.  The entire dynamic would have been radically different, and "you won't get 200 cards" would likely have been prophetic, rather than conspicuously stupid.
 
But I am glad to be in another merger with USAPA, rather than ALPA, as my union.  At least USAPA has my interests as its focus, instead of ALPA's primary focus on protecting the Herndon dues trough.  (Ask the TWA pilots if they would have preferred an in-house union over ALPA when they faced the APA.)
 
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