ALPA RULING OUT

[exB717Flyer]

DFR suits are expensive, last years, and almost never win. It's not a good option for either side.

Take it from me, I'm a member of a class-action DFR suit against ALPA right now.

 

[oldiebutgoody]

All ALPA has to do is show that the Nicolau award does not adhere to one or more of the requirements of the ALPA merger policy. That seems like it would be very easy to do. Then, they have a responsibility to right the wrong. If they don't, then there is a lawsuit. Just saying that laws must be adhered to, as seems to be all that I am hearing from the west side, isn't enough. You have to prove that the award is just and abides by the ALPA merger policy. The only arguments I've read are from the East side, with all kinds of statistics and numbers justifying them. Just saying "we've got the award, so it has to be implemented" shoouldn't be enough. I hope that BOTH sides can get together and come up with something before the courts start getting involved. That will be terrible for both sides. I'm not on the inside on this one, but as a bystander I don't see anything fair about the award. Even the stuff about protecting the 517 guys at the top (or whatever the number was) is a nonissue for anybody, so there were basically zero protections for east flying, but huge benefits in seniority to the west. Glad I'm not working at LCC. It's gonna be nasty for a long time.

 

[USA320Pilot]

There are 5 points that need to be made.

1. Members of the Executive Council (EC) have let the US Airways MEC know they believe ALPA Merger Policy was violated by the Nicolau Award.

2. The resolution states that the Executive Council is acutely aware of the negative consequences that may result if the MECs fail to come together to explore consensual approaches that promote career protection and mutual success, which is why the EC is going to try to craft a new deal. I understand members of the EC have discussed the fence option with 10 year duration.

3. The resolution directs ALPA President John Prater to continue to employ all of the resources of the Association to assist the MECs in achieving these of a "consensual" agreement, starting with Tuesday's conference call.

4. US Airways management has now indicated the company would not get involved in the pilots’ internal disputes, which is presumably why Scott Kirby has cancelled his meeting with the JNC. Most ALPA East people believe the "executive suite" understands it is fruitless to negotiate. For example, the East JNC and MEC wanted to shift talks to Section 1 Scope, which can be a long and time consuming process. This Section can be drawn out for months-and-months-and-months, but does now not have to be drawn out because the East MEC/JNC is not meeting with their counterparts and Kirby as previously scheduled.

I wonder why?

5. Finally, I further understand ALPA International is concerned about a lawsuit filed by the East pilots because the Nicolau Award does not follow ALPA Merger Policy. According to Communications Committee Vice Chairman Richard Obermeyer in an interview with the East Valley Tribune, "The arbitrator made a factual error, creating a distorted list."

It is my understanding this "factual error", if not corrected by the EC throwing out the list or the parties reaching a consensual accord, could leave ALPA International liable.

Regardless, the company has washed its hands of the situation, JNC talks are on hold, the Nicolau Award has not been passed on to the company by ALPA, and the EC is trying to force the parties into obtaining a consensual agreement per the resolution.

Regards,

USA320Pilot

 

[michael707767]

5. Finally, I further understand ALPA International is concerned about a lawsuit filed by the East pilots because the Nicolau Award does not follow ALPA Merger Policy.

whether or not the ALPA merger policy was followed is a matter of opinion, not fact. I think you got the short end of the stick, but I see nothing in the award that could be proven to be outside the policy.

 

[oldiebutgoody]

whether or not the ALPA merger policy was followed is a matter of opinion, not fact. I think you got the short end of the stick, but I see nothing in the award that could be proven to be outside the policy.

So let's see the case from the West guys. I've seen parts of the East one, and it seems convincing. Just saying that the award is the award is not convincing enough for me, and I hope for the sake of this company that it isn't enough for ALPA either. I think a consensual agreement would be best, but it should have happened before either side gained a perceived advantage from this onerous award. By the way, the legal system is based on opinions, so the fact that there is one here is a nonargument.

 

[88 B.T.D.]

whether or not the ALPA merger policy was followed is a matter of opinion, not fact. ...

The "fact" is there were pilots on US property that were treated as furloughed in the award.

 

[Walmartgreeter]

" ..... but I see nothing in the award that could be proven to be outside the policy."

Guess that is why ALPA passed the award on the company for implementation...either that or they don't know their jobs.

I said here, last week, that the award itself might not be overturned....but the list would never be implemented as written by the arbitrator.

Now I believe the award will be thrown out, especially if the arbitrator changed the East list.

Greeter.

 

[USA320Pilot]

Greeter,

As you know, the Arbitrator did change the US Airways East pilot list, which is why there is now the issue of ALPA being sued if they pass the list on to the company.

That is why ALPA Communications Committee Vice Chairman Richard Obermeyer said in an interview with the East Valley Tribune, "The arbitrator made a factual error, creating a distorted list."

With this information presented to the EC last week, if they pass the list onto the company then they will be sued and could pay millions-and-millions of dollars in damages.

Regards,

USA320Pilot

 

[aquagreen73s]

DFR suits are expensive, last years, and almost never win. It's not a good option for either side.

Take it from me, I'm a member of a class-action DFR suit against ALPA right now.

That's because ALPA is not that stupid. Although the burden of proof lies with the plaintiff, if ALPA were to blatantly not follow through on their duty, then this would likely be the first successful DFR against them. They aren't stupid - they'll do exactly as they've done in the past and they'll do it with political finess.

 

[Mr Furlough]

You've got it all wrong. The only thing ALPA is obligated to do, and is still obligated to do, is to follow the merger policy. You had your day in court, you had your own neutral on the panel, and nobody on that panel objected to the outcome. East has no DFR case...none...nada...zip. It's over. The only thing left to do is for ALPA to enforce the award per their policy. If they don't, the barn door is wide open to liability under both tort and contract law.

Go for it aquagreen! Either way, it's out of my hands. I disagree that it's over for the east. If it were, the seniority list Nicolau awarded would have been submitted to the company. I seriously doubt it ever will be.

There is a reasonable course of action available to both camps. I have hope we can come to an agreeable outcome for both pilot groups.

Doing anything worth while has it's challenges. We have our challenges for sure. But they are not insurmountable.

Best,

 

[Walmartgreeter]

"As you know, the Arbitrator did change the US Airways East pilot list..."

Yeah, I know 320. I also believe he did. But someone way above my pay grade will actually prove or disprove that fact.

Like I said, if he did, for whatever reason....the EC has a much easier job. They will be able to overturn on that fact only.

Greeter.

 

[luvn737s]

"As you know, the Arbitrator did change the US Airways East pilot list..."

Yeah, I know 320. I also believe he did. But someone way above my pay grade will actually prove or disprove that fact.

Like I said, if he did, for whatever reason....the EC has a much easier job. They will be able to overturn on that fact only.

Greeter.

Yeah, he actually hired some Cubans to change it on a grassy knoll.

I believe he gave the east every chance to come up with a suitable compromise before making his decision, bu tthe east only has one answer to anyone it deals with (which is actually only a crude one-finger gesture).