nostradamus
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Your point please sir?
Question. Do you think date of hire was fair for the Flight Attendants? A short answer would be appreciated.
Nostra... I have to admit that I agree with you on this one. Never though I will say that! But man we are on the same boat NOW!John Prater ALPA quotes
One more thing John Prater you are as phony as your hairline.
That is your opinion. It is only shared by a small minority of ALPA pilots.The process was steered into the ditch when the principle of seniority=DOH was abandoned.
Under the totality of the circumstances, no. However, AFA's rules were different so what was fair and what was right were two different things.
Was that short enough?
Nostra... I have to admit that I agree with you on this one. Never though I will say that! But man we are on the same boat NOW!
Now PRATER, follow ALPA by-Laws! Defend, protect, and present!!!
Or UZAPA will be here soon!![]()
And "they" will defend, protect and present the AWARD! Amazing Nos? Right?![]()
Regards,
GL
People have been telling you and the AWA MEC over-and-over that there needs to be a compromise to the Nicolau Award
See, that's where you're brain-dead. The AWA MEC doesn't "need" to compromise on anything. The Nicolau Award came about as a result of a med/arb process agreed to by both sides.
That is your opinion. It is only shared by a small minority of ALPA pilots.
Just for kicks I perused the decertifyalpa.org website and after getting through the popup which begged for money, I found this latest release. I actually find the history informative, but unfortunately USAPA is a little short on candor. For example:
ALPA National to East US Airways Pilots -- ``Buzz Off'';
National Association Abandons East Pilots, Seniority
ESSINGTON, Pa.--(BUSINESS WIRE)--On the anniversary of the 9/11 attacks, USAPA was made aware that the East US Airways pilots have suffered yet another assault on their careers. The latest blow was delivered by Paul Rice, ALPA executive VP and attorney Bruce York, ALPA’s director of representation. In meetings with east US Airways pilot negotiators, they let it be known that previous promises of protections for the original US Airways pilots were off the table.
Interesting, but hardly surprising.
The written report stated that the national association insists on, “a transition to implementation...†The report went on to state that, “It appears also that their desire is to have this transition occur in a fairly short time frame (1-2 years…).†It goes without saying that the east US Airways pilots will not participate in the “implementation†of this deeply flawed “award†in any way shape or form. Well, that's going to be a problem for the East for several reasons. One, ALPA can just substitute for the AWOL East. Secondly, implied in every contract is a covenant of good faith and fair dealing. The East is bound to its own obligations and their good faith participation is not discretionary. The law recognizes legal remedies and equitable remedies against those found to be in breach of express or implied covenants. One of the most powerful equitable remedies a court possesses is contempt. Remember Rich LaVoy and his APA gang? Exactly. It can happen and if the East keeps up with their pledge to thumb their nose at Lady Justice, then there will be consequences. If ALPA doesn't do something, then I and some select AWA pilots will do something. Another F/O and I went lawyer shopping over the last two weeks and all three firms verified exactly what I just said - I as an individual pilot can bring an actionable claim against individual East members for their willful breach. If you want to take that as a threat, well, I guess it is. Keep screwing around and there will be consequences ala Rich Lavoy. There will be a mob of fellow AWA pilots wanting to join in as plaintiffs. But after the information coming out from Mowrey and Garland, it certainly appears that the end game is near for the East antics. Junebug has been right all along.The seeds of this “tortured logic†arbitration decision were sewn in 1991 by a decision to strip date-of-hire from ALPA merger policy. Two large ALPA pilot groups, fearful of merging with a more senior pilot workforce at TWA, lead the initiative and substituted an incomprehensible list of “goals†in its place. "Incomprehensible" is a matter of opinion. For the rest of the piloting profession the list of goals are quite clear.
USAPA has determined that seniority is a self-defining term. True statement. Accordingly, the USAPA Constitution requires the merging of seniority lists by “date-of-hire†and no other methodology. That's fine too. Just understand that your requirement applies prospectively. If Lee is telling you that you can rewrite that which is not rewritable, then you'd better get another attorney. Somehow, though, I suspect he told you the correct rule - that whatever you do you cannot undo Nic - and therefore you can do nothing which repudiates Nic or operates to change Nic. I guess you just want to keep that little tidbit quiet and then deal with it later. Wow, you guys are already starting to act like ALPA National!
USAPA has received more than 2300 requests from both east and west US Airways pilots to request a representation election from the National Mediation Board. OK. Election request documents continue to arrive. Good. A request count of 50% of eligible pilots, plus one, is required for an election to be held. True Statement. During the follow-on election a simple majority of voting pilots will determine the new collective bargaining agent. True Statement. USAPA anticipates that it will begin representing the US Airways pilots in the first quarter of 2008. Hmmm. That's where you step into the alligator pond. You see, another little skeleton in the USAPA closet (even though your house hasn't even been built) is that you need to fairly represent all pilots. Now I've heard the Chipster's ruminations on how difficult it would be for the West to prove a DFR, but there are several problems with the idea that the West would be stuck with a cram down. First, USAPA is a successor in interest as the bargaining agent for the US Airways pilots. That means USAPA inherits the obligations of the former bargaining agent and we know quite well what those obligations are - they're contract obligations signed by your very own pilots to adhere to a process identified as the ALPA merger policy. Where a lot of you Easties stop short is your belief that the title of the document controls substantive rights and obligations. Au contraire. The naming of the document is merely to reference the contents because it's the contents which are what bind you, not the d@mn name. If you'd like, I'll cite the case law spelling that exact rule out. So what you need to understand is that it's the contents which spell out rights, obligations, and expectations which travel from ALPA to USAPA. The reason? Because down at the bottom of that document are the signatures of your bargaining agents. Therefore, you were bound then, you are bound now, and you will be bound until you have completed performance on that contract. End of story.
USAPA is the new union designed to represent the interests of US Airways Pilots and no other. That's fine, so long as you honor your obligations. This new union has been designed “from the pilot up,†to deliver competent, accountable, responsive and efficient representation for the US Airways pilots. Fine, just make sure that you're getting competent legal advice and that you follow that advice, otherwise it will get extremely ugly very quickly for you. Because USAPA represents only US Airways pilots, the conflicts of interest associated with a large national association will be avoided. USAPA notes that the best-compensated pilots in the domestic passenger transport business, AirTran, Southwest and American, are all represented by company-specific unions. Now we've finally reached a sensible argument/observation. It only took a thousand words to get to it! The American pilots, represented by the Allied Pilots Association, were previously affiliated with ALPA and were assisted in their departure from the association by the same law firm assisting the US Airways pilots today.
Mine's in... Prater... Defend, Protect, and PRESENT!...Fact
As far as ALPA national is concerned, the East pilots are f#$%*d.
Sent in your card yet?
Bear96
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Posted on: Dec 3 2002, 02:42 AM
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"C### thanks for the explanation. It still seems to me though that should U go down this road they will be in violation of the CBAs, the same as if they decided not to pay everyone the rates called for in the contracts. But I suppose a company in U's condition could get away with that somehow.
UAL's pension funds are not yet "distressed," at least the F/A fund. According to statements released by UAL about two months ago, and verified by the AFA/UAL Retirement Committee, UAL has been making enough payments to date so that that fund's assets exceed its liabilities."
"Certainly next year could be a different story though."
Your vendetta against C### has a long history. How is the flight attendant business going for you lately