April/May 2013 Pilot Discussion

[MUTATIS MUTANDIS]

After reading UNITEDS pre SLI brief it is all but crystal clear,(pun intended) internal union process not binding on USAPA or the company now that a MOU has been approved by "ALL" parties! GO TITANIUM!

 

[nevergiveup]

So what was her definition of a LUP?

 

[Claxon]

After reading UNITEDS pre SLI brief it is all but crystal clear,(pun intended) internal union process not binding on USAPA or the company now that a MOU has been approved by "ALL" parties! GO TITANIUM!

What does ResDoyalJudicatacataPolygraph have to say? Make sure he takes a polygraph before any statement of "fact"

 

[nevergiveup]

What number would he have retired when usairways closed the doors in 2005 with out the merger

Can you point to the requirement to look at retirement position as criteria for seniority integration.

 

[Walmartgreeter]

Sometimes I have dreams, mostly all are good ones. To stay happy I keep a little pad of paper and a pencil next to my bed to write them down when I wake. Here was one I had last night. Please remember, this is all made up, so there is no meaning to any of it. In fact, it might just be some substitution for other problems I have in my life. But since we are friends here, I will share it:

Judge: I see you are back in Arizona again with a DFR against USAPA. Why are you here? I note the Ninth has already defined ripeness for you, and Judge Silver has defined the boundaries under which USAPA will negotiate. What has changed?

Harper: A lot. It is our contention we now have a joint contract with the East and West pilots of US Airways. The requirements for ripeness have been met. We now come to you with a DFR case against USAPA.

Judge: So you have a ratified contract. I actually see two contracts in your submissions, one for the West pilots and one for the East pilots. Do you have a new contract for me to see? Am I missing something?

Harper: Well it’s complicated…

Judge: Humor me, that is why we are here, to get to the bottom of this. Go ahead..

Harper: What we have is an MOU, an agreement that says if the merger occurs with AMR we will be bound into a process that leads us to a joint contract. In fact our working conditions and compensation have been altered by this agreement, thus we now have ripeness.

Judge: What benefits are you actually getting now, today? More pay? Fewer days to work?

Harper: All US Airways pilots are accruing back pay to be paid on the POR, when the merger actually happens. They will also get an increased retirement contribution and some better work rules at that point.

Judge: What if the merger does not occur? Do you get that pay, those benefits?

Harper: Then nothing has changed..No..Strike that. I mean we would still be working under our separate agreements. Wait; let me refer to my notes……

Judge: First, relax. I simply wanted to know what happens if the merger does NOT occur. But go ahead, I am interrupting you…

Harper: It is our contention that the very ratification of the MOU moved the East and West pilots into a joint contract, under the current transition agreement, from 2005, it is our contention under ALPA merger policy they must now implement the so called Nic award. The fact that that has not happened is the reason for our DFR before you.

Judge: I thought Judge Silver already told the parties USAPA was not obligated to use that award? But let’s proceed with your logic. Let’s air this out. You are saying both pilot groups now share a single working agreement? You can all fly all the aircraft and bid into all the crew bases?

Harper: Actually no. But it is US Airways that has refused to complete the process.

Judge: So with that logic, this is not a DFR, this is a dispute with the Union and the Company, correct?

Harper: USAPA has not engaged the Company on this issue. They fear the implementation of the award. Even more DFR fodder in my opinion.

Judge: But under the RLA any pilot can file a personal complaint…I mean grievance..Sorry, I don’t do a lot of RLA cases. Is that correct? Have you filed a complaint? This appears to be a dispute with your company, not a DFR? What is it?

Harper: Again, it’s complicated. USAPA has dragged its feet for years in not getting a joint contract to keep the Nic from being implemented. This has cost the West pilots millions in compensation and benefits…

Judge: I thought the West Class, or was it Addington agreed with Judge Wake that that was not the case, no delay on the part of the union in negotiations?

Harper: I am sorry; I thought we could no longer reference that case..

Judge: My bad. After that…. you are saying the union has been dragging its feet?

Harper: Yes

Judge: I don’t agree with illegal work actions, but are not the East pilots under an injunction for trying to force a contract? And since 2005, who is the more highly compensated group under their current agreements..The East pilots or the West pilots? I already know the answer, but go ahead…

Harper: Well, we have seen half our crew bases closed since 2005.

Judge: Did not US Airways close Pittsburgh, Boston, and New York since the merger?

Harper: Yes…but

Judge: Let’s cut to the chase here.., you don’t have an actual joint contract for me to view, and you want to take a DFR to a jury trial on the premise there MIGHT be a merger, and you MIGHT be harmed in a seniority integration going forward?

Harper: We feel the harm is already done, USAPA has said in public they will NOT use the NIC award. That’s the harm.

Judge: Well, I have to say…it is clear to me that in the dicta of the Ninth, and from my colleague Judge Silver that indeed they are under no obligation to use that award. In fact, the Ninth said it might be possible that NO contract was ever ratifiable with that award, something to that effect. Of course I agree they probably won’t use it going forward, if the merger happens. But what do you want me to do? Start a trial based on a merger that has not happened yet, and a merger process (agreed to by almost all your party) that has not reached completion?

I will allow both parties to submit final briefs, but unless you can show me an actual ratified contract between East and West, and then resolve your issues with your own Company within the RLA, I see no way I can move this forward.

End.

Greeter

 

[prechilill]

All you can do is dream- we already know you don't live in reality.
POR by August, USAPA and their SLI bull$xxit gone by December. It's over Rover! Lol

 

[Walmartgreeter]

All you can do is dream- we already know you don't live in reality.
POR by August, USAPA and their SLI bull$xxit gone by December. It's over Rover! Lol

"Ho Ho Ho here comes St. Nic, and I won't be paying dues." It's over. Agreed.

Greeter

 

[Phoenix]

The filing deadline was April 4....

Are you saying April 4th was the deadline for USAPA to file a LUP with Silver and is therefore already in default? Or are you just flailing? Give us the deadline and adrees to file the LUP....

 

[Phoenix]

So SCOTT, what's the LUP? LOL

Hint: You're the one that has to come up with one, not us.

Hi genius. You should be careful speculating about Scott on my account.

As for the LUP ... It will be a secret until the deadline to file arrives. Can you patiently wait until the deadline for your chance to read it?

 

[Claxon]

"Ho Ho Ho here comes St. Nic, and I won't be paying dues." It's over. Agreed.

Greeter

Too funny Greeter. She pays dues and does a real good chicken dance. Her claims are almost as preposterous as Move2Clt's.

 

[Claxon]

Jamie's Report to the Pilots​

Dear Fellow US Airway Pilots:

As many of you already know, I have been traveling around the US Airways system in person, listening to all of you, from ALL domiciles and from top to bottom.

Where have I been listening so far?

• I listened to your concerns at the PHL domicile meeting on January 25th.
• I listened to your concerns in the PHL terminal later that same day.
• I listened to your concerns at the DCA domicile meeting on February 2nd.
• I listened to your concerns in the DCA terminal later that same day.
• I listened to your concerns in the CLT terminal later that same day from 4:30pm to 6:30pm.
• I listened to your concerns in the PHL terminal on Monday, February 6th from 8am to 3pm.
• I listened to your concerns in the CLT terminal later that same day from 5pm to 7pm.
• I listened to your concerns in the DCA terminal on Wednesday, February 8th from 9am to 3pm.
• I listened to your concerns in the CLT terminal later that same day from 4:30pm to 6:30pm.

What did I hear FROM you?

• That YOU wanted our National Officers to protect and adhere to the CONSTITUTION & BYLAWS OF THE US AIRLINE PILOTS ASSOCIATION. TO BE LAWFUL AND RESPECTFUL.
• That YOU wanted our National Officers to perform their duties in a manner becoming the USAPA CODE OF ETHICS. TO BE CIVIL AND PROFESSIONAL.
• That YOU wanted our National Officers to perform their fiduciary and managerial duties in a manner that the pilots can understand. TO BE EDUCATIONAL AND INFORMATIVE.

What did I see?

• I saw our flight crews doing what they always do: Pilots from ALL domiciles acting in a safe, professional and courteous manner.

Question you asked:

• What experience do you bring to the job if you want me to vote for you as Vice President?

What was my answer:

• As an ORIGINAL FOUNDING MEMBER, I was instrumental in developing a Constitution and Bylaws for our Association.
• As an ORIGINAL FOUNDING MEMBER, I was instrumental in guiding the process of adhering to the guidelines of the NMB that achieved the goal of USAPA becoming OUR collective bargaining agent.
• As an ORIGINAL FOUNDING MEMBER, I was willing and able to work objectively behind the scenes to help guide and relieve the “Interim Officers” from tasks and duties that detracted them from achieving our primary goal.
• As an ORIGINAL FOUNDING MEMBER, I have always and will always continue to put the needs of this pilot group, from every domicile, before the desires and passions that detract from our overall goals. In short, using a “military” term, I am here simply “to pull pitch” for you, the line pilots.

Question you asked:

• What would be my job if I were to vote for you and you became elected to the Vice Presidency?

What was my answer:

1. I shall perform the duties of the President in the absence of that officer and, in case of the removal, resignation, or death of the President for the unexpired term.
2. I shall also preside when called upon by the President and at times when the President may be temporarily unable to discharge his duties.
3. I shall “FOCUS ON ASSISTING” the President in the discharge of all duties, and carry out any other duties USAPA may request. (USAPA Constitution & Bylaws)
4. I have changed my focus regarding disagreements over issues with coworkers in the past, as a few of you may remember. However, I know that the many issues between all of us have much more common threads woven together then separately. As I get older I find that I can leave that past behind and work harder to adhere to the USAPA Code of Ethics, thereby using those common threads to form a stronger and longer lasting rope that we can all pull on together and in the same direction.

Question you asked:

• How do we resolve the “political backstabbing and inter-office rivalries occurring between our National Officers”?

What was my answer:

• I was instrumental in working behind the scenes with the original founders when we first formed USAPA to maintain proper decorum, provide consensus and ultimately worked together towards a common goal. That is what I would ask of all of us.
• I shall recommend to the President that our National officers meet in person with timely meetings of at least once per week.
• I shall recommend to the President that our National officers vow to work together harmoniously and within the confines of our offices thereby maintaining the proper mutual respect between us as we represent you, the line pilot.

Question you asked:

• How could we better facilitate our working relationships with each other?

What was my answer:

• I shall recommend to the President that we establish an organizational chart for our union that properly delineates the guidelines of all our officers, committee members and staff. Our UOM can be used as a tool to this policy by providing revised structure through the UOM. This structure should be flexible so as to facilitate working relationships between our co-workers and we should promote and encourage cross committee communication thereby increasing a more cohesive camaraderie.
• I shall recommend to the President that he resolve the division of overlapping duties in the National Officer rank by helping him formulate a policy going forward with recommendations to the BPR by either:

1. Re-tasking the EVP position in a manner that removes these overlapping duties in the UOM or
2. By submitting a Constitutional amendment to the pilots that removes this position.

• By re-tasking or eliminating the EVP position we can resolve several of the political issues facing our union TODAY and thereby save the Association several thousand dollars a year in the future.

Who else supports this solution?

Steve Bradford, the former interim President and Mark King, the former interim Secretary/Treasurer, who said, “...that the BPR better delineate the duties of the President and the EVP. When the EVP position was added to our CBL, there was duplication of duties between the two Officers. This too might require a CBL amendment.” (Ciabattoni v. Cleary, 2010-2 at 14)
http://www.usairlinepilots.org/index.php?option=com_jumi&fileid=5&F=306

Question you asked:

• If elected Vice President, what would you recommend to the President should be our direction regarding a new Collective Bargaining Agreement?

What was my answer:

• I would recommend that he concentrate on:

1. Refocusing our legal counsel and grievance committee by working with the Company to find a mutual solution to clear the backlog of grievances.
2. Establishing an organizational structure in the Administrative offices that addresses overlap and thereby increasing efficiency and reducing waste that deplete the association’s finances.
3. Tasking the negotiating committee, assisted by the grievance committee, to prepare for future use, several possible collective bargaining agreement sections that would better position our leverage for successful resolution of a collective bargaining agreement should future events such as merger or expansion occur in the short-term (inside of a year, revised in a timely manner)
4. Structuring our other committees to work among themselves and expanding opportunities to use our pilot volunteers by bringing outside ideas into our committee structure to help formulate both short-term and long-term (outside of a year) direction, with objectives and goals that assist in coalescing future Collective Bargaining Agreements.
5. Supporting a “satellite” office in PHX to better prepare our structural base with the company and to provide additional support regarding contractual issues before the Company, thereby reinforcing and enhancing the four prior points made in this answer.

Question you asked:

• If elected Vice President, would you recommend to the President that he ask the BPR to revert back to our previous legal counsel?

What was my answer:

• No. After attending many of the BPR sessions, listening to our current BPR and talking to our current legal counsel I am confident that the affairs confronting our legal issues will be well served for the present and it is time for our union to chart a different tack going forward.

Question you asked:

• What will the effect of a ruling contrary to USAPA’s position regarding seniority have on getting a “Collective Bargaining Agreement”?

What was my answer:

NONE. I support the USAPA Constitution and bylaws which states:

1. Article I: Section 8, D: To maintain uniform principles of seniority based on date of hire and the perpetuation thereof, with reasonable conditions and restrictions to preserve each pilot’s un-merged career expectations.
2. Article XIII: A1(B) and A2(B): Amendments which support the process by which our Constitution and Bylaws made be amended, whether initiated by the membership or by the BPR, which shall be ratified by a two thirds (2/3) majority of the votes cast by the membership provided that a majority of the total eligible membership casts ballots in the referendum on such amendment(s).
3. Article V: Section 5(A):

1. (ALL) Tentative collective bargaining agreements, interim agreements and/or amendments to the basic collective bargaining agreement and agreements of affiliation or merger with other labor organizations shall be submitted to the Board of Pilot Representatives for review.
2. After reviewing any tentative agreement, the Board of Pilot Representatives shall vote to either approve or reject a membership ratification ballot for such agreement. Only those ratification ballots approved by the Board of Pilot Representatives by a majority vote shall be forwarded to the affected membership for a ratification vote. Each approved ratification ballot must be accompanied by a BPR voting recommendation to “Approve” or “Disapprove” when distributed to all members in good standing.
3. In order to bind the Association, all Collective Bargaining Agreements, side letters, and all agreements to affiliate or to merge with another labor organization must be ratified by a simple majority of votes cast provided that a majority of the total eligible membership casts ballots in the referendum on such agreement(s).

My Short Answer: PLEASE VOTE!

PLEASE READ MY PLATFORM (BELOW)!
PLEASE ASK ME YOURSELF WHEN YOU SEE ME!
(SCHEDULE BELOW)

Jamie Javurek



Jamie Javurek, Candidate<img align="right" alt="" border="0" height="237" width="200" />

Vice President of USAPA

• Charlotte based pilot A320
• 25 years of service 23 March, 2012
• Married 26 years, three children
• Salisbury, NC (30 miles NE of Charlotte)

• Likes: Aviation, WORKERS RIGHTS, reading, movies, constitutional and labor law, motorcycles
• Dislikes: Distractions &amp; Rumor mill
• Past Union experience:

1. USAPA Founder
2. Organized and participated in initial USAPA meetings
3. Educated rank and file on RLA law and NMB rules for elections
4. Wrote USAPA Constitution and Bylaws
5. HELPED AND MOTIVATED OUR PILOTS TO UNITE AND VOTE

• GOALS:

1. CONFORM TO USAPA C&amp;BL by staying focused on the FUNDAMENTALS
2. ACTIVELY ACCESS and MONITOR our potential for error by running our Administration efficiently and effectively
3. BALANCE BARRIERS to avoid and trap ERRORS by ADHEREING to the Policy of the Board of Pilot Representatives
4. COMMUNICATE threats and intentions TIMELY &amp; EFFECTIVELY by using the PARTICIPATION OF THE PILOTS IN OUR COMMITTEE STRUCTURE

• TOOLS:

1. OUR Knowledge, skill and handling (Constitution &amp; Bylaws, legal counsel)
2. OUR External recourses (you the LINE pilot)
3. OUR Automation (Office staff and technology, Organizational Chart)
4. OUR Checklists (Collective Bargaining Agreement)
5. OUR Policies, procedures and FLOWS (UOM, employee manuals)
6. CAMI &ndash; Conformity, Actively Access, Monitor, and INTEGRATE!

<img alt="" border="0" height="56" width="600" />​

captainkvar@gmail.com 704.640.7338 <img alt="" border="0" height="31" width="30" /> <img alt="" border="0" height="29" width="30" /> <img alt="" border="0" height="30" width="78" />

<img alt="" border="0" height="776" width="600" />

Jamie rules. One of the Founders? Even better. A true hero.

 

[Walmartgreeter]

Hi genius. You should be careful speculating about Scott on my account.

As for the LUP ... It will be a secret until the deadline to file arrives. Can you patiently wait until the deadline for your chance to read it?

So sorry, I cannot keep a secret.

The LUP (actually agreed to by the West Class) is better pay and working conditions for all US Airways pilots. That agreement includes a new process for seniority integration; one that finally breaks the current log jam for an uncompleted merger that was announced almost 8 years ago.

Voilà, an LUP!

Greeter

 

[prechilill]

"Ho Ho Ho here comes St. Nic, and I won't be paying dues." It's over. Agreed.

Greeter

In 4 months the miscreant majority becomes the new minority! It's almost over boy!!!

 

[Walmartgreeter]

In 4 months the miscreant majority becomes the new minority! It's almost over boy!!!

USAPA will be there to haunt you throughout the SLI process. After that, I look forward to fading into the woodwork for my final 8 years, knowing that USAPA kept the NIC off the property for not only almost a decade, but forever.

Life is good. And getting called a "boy" at 57 is fine, unless you don't really know who I am, and thus might be treading in racist territory (you are, by the way.)

Greeter

 

[Phoenix]

So sorry, I cannot keep a secret.

The LUP (actually agreed to by the West Class) is better pay and working conditions for all US Airways pilots. That agreement includes a new process for seniority integration; one that finally breaks the current log jam for an uncompleted merger that was announced almost 8 years ago.

Voilà, an LUP!

Greeter

I hate to break it to ya but that is entirely speculative (not a bad guess) because there are many contingencies that await all of us prior to a point at which USAPA will have thrust the knife (if they ever do). Speculation is fun but it is nothing more.