Some Highlights from the amended complaint filed by AA f/as. Note these are charges not yet substantiated. If you thought APFA was sleazy before the RA, you should really read the amended complaint. It will curl your hair?
The RA (restructuring agreement) is invalid because the process used to accept the RA did not follow APFA procedures.
The deadline for balloting was April 15.
The intention of the RA was that it was to be only temporary.
During the whole balloting process, APFA and were kept informed of the yes and no votes in the ?secret? balloting process.
On April 11 Union president JW was worried that the ?secret? ballot would fail and put out a hotline that members can change their vote despite the fact there was no precedent for doing so.
APFA never told the members whether it had the authority to re-ballot disregarding the results of the original ballot.
APFA had already determined the outcome from the ?secret? ballot and so decided it would take the necessary steps to see that the outcome it desired was obtained.
On April 14, APFA announces a new provision in the RA to reopen negotiations in January 07 for a new contract. This was designed to swing votes to the yes side since APFA knew where the balloting votes stood.
APFA and AA plotted to change the outcome at every stage in the balloting because APFA knew exactly the number of yes and no votes for the ?secret? ballot.
APFA knew the RA would be turned down so asked AA to extend the balloting. AA believed this would not change the results so AA decided to press for yes votes.
AA arranged to make calls to f/as that if they did not vote yes, it would mean bankruptcy and mean that AA would have to return to the bargaining table at a decided disadvantage.
AA and APFA had a common plan to see the RA was accepted.
AA holds meetings with f/as at airports specifically targeted at f/as that had not voted in the ?secret? ballot.
AA with the acquiescence of APFA led f/as to believe that reprisals would be taken against no voters.
On April 15th APFA announced a ?no? result.
AA and APFA consult about extending the vote to April 16.
The APFA BOD decides to allow votes to be changed but only after consulting AA.
The essence was that the re-balloting became an entirely new ballot.
1262 more voters cast ballots in the ?new? balloting largely as the result of pressure from AA and APFA.
AA provides $monies for f/as overseas to call in votes, essentially a gratuity to f/as to change their vote.
AA and APFA stired up a coordinated one day frenzy over the voting to ensure a yes vote.
From the original balloting, 190 who voted no changed to yes. Voters who voted yes in the original voting and changed to no in the second ballot found their votes were not being counted.
Of the 1262 new votes, every last one was a ?no? vote. (mind boggling statistical improbability)
On April 17 it is revealed that AA executives had hefty perks. AA says APFA was aware of this but APFA denies it. Carty resigns.
Wards sends AA a letter he is going to re-ballot. April 22nd APFA BOD approves re-balloting.
During this time APFA is in negotiations with AA to sweeten the pot so APFA can justify shooting down the third ballot.
AA sweetens the pot.
APFA withdraws its request to AA for a new ballot.
It is revealed that the National Ballot Committee passed on to APFA and AA results of the balloting as it went along thus the committee became a tool for AA and APFA to manipulate the balloting.
APFA breached it?s of fair representation to the membership.
Remedies:
Set aside the RA and award back pay and bennies.
Award $75000 per f/a but not less than $200 million
AA and APFA are jointly liable
Count 22 is the RICO count saying the actions of AA are so egregious and outrageous that f/as should be awarded $300 million plus furloughees be reinstated.
The RA (restructuring agreement) is invalid because the process used to accept the RA did not follow APFA procedures.
The deadline for balloting was April 15.
The intention of the RA was that it was to be only temporary.
During the whole balloting process, APFA and were kept informed of the yes and no votes in the ?secret? balloting process.
On April 11 Union president JW was worried that the ?secret? ballot would fail and put out a hotline that members can change their vote despite the fact there was no precedent for doing so.
APFA never told the members whether it had the authority to re-ballot disregarding the results of the original ballot.
APFA had already determined the outcome from the ?secret? ballot and so decided it would take the necessary steps to see that the outcome it desired was obtained.
On April 14, APFA announces a new provision in the RA to reopen negotiations in January 07 for a new contract. This was designed to swing votes to the yes side since APFA knew where the balloting votes stood.
APFA and AA plotted to change the outcome at every stage in the balloting because APFA knew exactly the number of yes and no votes for the ?secret? ballot.
APFA knew the RA would be turned down so asked AA to extend the balloting. AA believed this would not change the results so AA decided to press for yes votes.
AA arranged to make calls to f/as that if they did not vote yes, it would mean bankruptcy and mean that AA would have to return to the bargaining table at a decided disadvantage.
AA and APFA had a common plan to see the RA was accepted.
AA holds meetings with f/as at airports specifically targeted at f/as that had not voted in the ?secret? ballot.
AA with the acquiescence of APFA led f/as to believe that reprisals would be taken against no voters.
On April 15th APFA announced a ?no? result.
AA and APFA consult about extending the vote to April 16.
The APFA BOD decides to allow votes to be changed but only after consulting AA.
The essence was that the re-balloting became an entirely new ballot.
1262 more voters cast ballots in the ?new? balloting largely as the result of pressure from AA and APFA.
AA provides $monies for f/as overseas to call in votes, essentially a gratuity to f/as to change their vote.
AA and APFA stired up a coordinated one day frenzy over the voting to ensure a yes vote.
From the original balloting, 190 who voted no changed to yes. Voters who voted yes in the original voting and changed to no in the second ballot found their votes were not being counted.
Of the 1262 new votes, every last one was a ?no? vote. (mind boggling statistical improbability)
On April 17 it is revealed that AA executives had hefty perks. AA says APFA was aware of this but APFA denies it. Carty resigns.
Wards sends AA a letter he is going to re-ballot. April 22nd APFA BOD approves re-balloting.
During this time APFA is in negotiations with AA to sweeten the pot so APFA can justify shooting down the third ballot.
AA sweetens the pot.
APFA withdraws its request to AA for a new ballot.
It is revealed that the National Ballot Committee passed on to APFA and AA results of the balloting as it went along thus the committee became a tool for AA and APFA to manipulate the balloting.
APFA breached it?s of fair representation to the membership.
Remedies:
Set aside the RA and award back pay and bennies.
Award $75000 per f/a but not less than $200 million
AA and APFA are jointly liable
Count 22 is the RICO count saying the actions of AA are so egregious and outrageous that f/as should be awarded $300 million plus furloughees be reinstated.
