2015 Pilot Discussion.
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Jeffrey Freund - Notice of Removal July 24, 2007
Thus, the “arbitration award” Plaintiffs purportedly seek to “vacate” 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. Application, Ex.1 at 2,9 (ALPA will present to the company the merged seniority list developed through ALPA’s Merger policy arbitration procedures, and “ALPA will use all reasonable means at its disposal to compel the company to accept and implement the merged seniority list”). Plaintiffs seek review of this ALPA bargaining position developed through ALPA Merger Policy, and, while couching it in the terms of “vacating” and “arbitration,” the relief they actually seek is a review of the product of ALPA’s Merger Policy, and, ultimately, alteration of ALPA’s bargaining proposal to the company…Plaintiff’s Application to “vacate” an “arbitration award” that does not establish any enforceable seniority rights in a collective bargaining agreement with the Company, but which merely sets out ALPA’s bargaining position to be presented to the company, is not a state law claim at all but rather an artfully pled Federal claim for breech of Duty of Fair Representation.
Thus, the “arbitration award” Plaintiffs purportedly seek to “vacate” 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. Application, Ex.1 at 2,9 (ALPA will present to the company the merged seniority list developed through ALPA’s Merger policy arbitration procedures, and “ALPA will use all reasonable means at its disposal to compel the company to accept and implement the merged seniority list”). Plaintiffs seek review of this ALPA bargaining position developed through ALPA Merger Policy, and, while couching it in the terms of “vacating” and “arbitration,” the relief they actually seek is a review of the product of ALPA’s Merger Policy, and, ultimately, alteration of ALPA’s bargaining proposal to the company…Plaintiff’s Application to “vacate” an “arbitration award” that does not establish any enforceable seniority rights in a collective bargaining agreement with the Company, but which merely sets out ALPA’s bargaining position to be presented to the company, is not a state law claim at all but rather an artfully pled Federal claim for breech of Duty of Fair Representation.
The U-Turn has received a number of e-mails blaming Doug Parker and the company for the mess the pilot group finds itself entangled in. When you dont have control, its always easy to find a scapegoat. But regardless of what you think of company management, be sure to place the blame where it belongs. Dont get us wrong, sometimes it appears the company works overtime to make our life harder. Your anger at the company this time is misplaced and this U-Turn tells why.
Regardless of the companys motives, I can tell you that prior to my leaving office in January 2006, we were moving quickly to wrap up a Tentative Agreement to put out to both East and West for a vote. The cooperation between the company and the JNC to get it done was at its height. When I left office, we were at the most 2 to 3 months away from a TA. The last outstanding items left were pay (within reach, off by a few dollars) and retirement. These are not my words but that of the negotiating committee and the company negotiators, presented to both MECs.
Where did things stand in January 2006?
1) The company wanted a single contract before the results of the Nicolau arbitration. The company knew the complications if this contract was not done before the seniority award. Obviously DAL and NWA learned from our mistakes.
2) The company was beginning to feel handcuffed by the Transition Agreement and the company needed out of it fast.
3) Our negotiators reported that the company was not stalling at the table. In fact just the opposite was happening, with sections we allowed weeks to negotiate being wrapped up in only a day.
4) Mark Burdick was coming back to the MEC with contract improvements we never thought possible.
So what Happened?
The pilots chose to change course and removed Frank and myself with the rest of C-62 Reps in the fall 2005 elections. Dont blame the company on that. The new dream team went right to work with no knowledge or understanding of where we were or what we had accomplished.
west pilots- you listened to the 4 th tier law school graduate Mitchell Vasin. Mitch is part of the aforementioned "dream team". The dream being the pursuit of the Nicolau.
west pilots now realize the dream has become an endless nightmare.
Regardless of the companys motives, I can tell you that prior to my leaving office in January 2006, we were moving quickly to wrap up a Tentative Agreement to put out to both East and West for a vote. The cooperation between the company and the JNC to get it done was at its height. When I left office, we were at the most 2 to 3 months away from a TA. The last outstanding items left were pay (within reach, off by a few dollars) and retirement. These are not my words but that of the negotiating committee and the company negotiators, presented to both MECs.
Where did things stand in January 2006?
1) The company wanted a single contract before the results of the Nicolau arbitration. The company knew the complications if this contract was not done before the seniority award. Obviously DAL and NWA learned from our mistakes.
2) The company was beginning to feel handcuffed by the Transition Agreement and the company needed out of it fast.
3) Our negotiators reported that the company was not stalling at the table. In fact just the opposite was happening, with sections we allowed weeks to negotiate being wrapped up in only a day.
4) Mark Burdick was coming back to the MEC with contract improvements we never thought possible.
So what Happened?
The pilots chose to change course and removed Frank and myself with the rest of C-62 Reps in the fall 2005 elections. Dont blame the company on that. The new dream team went right to work with no knowledge or understanding of where we were or what we had accomplished.
west pilots- you listened to the 4 th tier law school graduate Mitchell Vasin. Mitch is part of the aforementioned "dream team". The dream being the pursuit of the Nicolau.
west pilots now realize the dream has become an endless nightmare.
luvthe9
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"If you think we’re taking the above out of context, Google and read the entire response, prepared by West Merger Attorney. Case 1:07-cv-01309-EGS Document 1 Filed 07/24/2007 Freund’s response for the West MEC is 125 pages, but the important pages are 3-6. They spell out exactly what our Merger attorney thinks about whether the company must accept the NIC. According to him, they don’t."
You have listened to Jeffery, he know it's over for you but like Marty he is happy to take your money.
You have listened to Jeffery, he know it's over for you but like Marty he is happy to take your money.
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Claxon said:
No.
I think you have way too much time on your hands.
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luvthe9 said:
It's for the arbitration process to provide an answer.
The Eye on Leonidas. You guys leave your prints all over the place. It is a good thing to archive all of your antics. Perhaps someone will want to aim the legal guns directly on you guys one day. Who knows......CactusPilot1 said:
Just wait until the day they roll out their plans for the Legacy American furloughed. The gloves are going to come off the LAA pilots.CactusPilot1 said:
They cannot treat the furloughed east pilots any differently than the furloughed LAA group. It will not work. This is exactly the dilemma they face, and will ultimately be their downfall.
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Claxon said:
Claxon said:
The words of a conspiracy nut. Emphasis on nut.
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