April/May 2013 Pilot Discussion

[Bill Brasky]

Great news! Justice Silver is taking the AZ case!
Now you cockroaches can provide her with your LUP to disregard a neutral, third party arbitration which you signed on for! God this is going to be great!!!

By the way, I think she is addressed as "Judge" or "Your Honor", not "Justice". But go ahead and type that onto a petition, so you can get another spanking.

 

[Claxon]

By the way, I think she is addressed as "Judge" or "You Honor", not "Justice". But go ahead and type that onto a petition, so you can get another spanking.

Cleardirect is working on it as we speak. Let's hope he finally gets proper legal filings in order with the rest of the Leonidas legal brain trust. They have a whole host of half a$$ed pilot lawyers who take Marty's bait for cash flow. They have gotten spanked by the 9th and Judge Rosenblatt for their poor legal comprehension.

 

[Claxon]

You mean the 330's that merger with AWA brought to you?? The one's that would have never shown up on the property without that merger? The one the CEO of the New US Airways arranged for?? Or was it Bruce 'I don't want to run an airline' Lakefield?

You need to be polygraphed also. Resdoyalpolygraphjudicata is first up.

 

[prechilill]

You know that USAPA agreed to that, right?

RIPE

 

[Portly Dorman]

You need to be polygraphed also. Resdoyalpolygraphjudicata is first up.

I'll go right after Bradford. What was in that letter.....

 

[end_of_alpa]

Is there a union that has the power to implement a JCBA without a ratification vote? When was the last CBA/JCBA vote for the pilots of LCC?

If ALPA or USAPA had put out one or more (say 10 or 100) TAs for a vote that included the NIC there would not be any legal battles over S22. What the NMB would have done in response to that scenario is impossible to predict, but a no vote by the MIGS on a JCBA is entirely different than the CBA refusing to abide by the terms of a collective bargaining agreement.

Now you certainly may be on to something (however tenuous that may be), but the fact remains that even the Ninth realized that without a vote there was no JCBA and there would have been no JCBA to vote on if the Nicolau award was going to be part of it AND there wasn't enough money on the company could offer either ALPA East OR USAPA because the company was not going to pay for it. All facts that lead to endless what if debates.

 

[Portly Dorman]

You're wrong again, just like the other westies. US Airways has had AB330s since the year 2000. The ones since the merger were placed where they could make money, on the East. Most, if not all, of them were on order before the merger saved AWA from their demise.

You're lucky that Mr. Lakefield could arrange the financing to keep your regional airline afloat, since without it they couldn't repay their government loan.

Don't let the facts get in the way of a good story, your west compatriots don't.

The arranger was GECAS. Lakefield knew he had an anchor around his neck. Don't let the facts get in the way of a good story.

 

[Portly Dorman]

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

And he lost to this guy....heros everywhere. Do heros where 4 stripes and 2 stars??

A Message From Steve Bradford Candidate for USAPA Vice President.​

<img align="right" alt="" border="0" height="168" width="200" />Fellow pilots, as this campaign moves forward it is becoming apparent that the integrity of this election process is now coming into question. There is evidence of the use of union funds in an election from the current leadership via a web based Yahoo group and also from a recent PHL update.

Please consider this evidence in your voting deliberation. Where there is smoke there is fire. Our opponents have no record whatsoever to run on so they use lies and slander. They push the limits of election law and have effectively removed the USAPA Ballot Certification Committee out of the loop with regard to USAPA election oversight.

• Gary Hummel and I stand for a more open and democratic union. Your union! We want to give that Union it back to you the line pilot. Gary Hummel and Steve Bradford support DATE OF HIRE. It is part of the opposition &ldquo;big lie&rdquo; to say otherwise. The Big Lie Theory
• Gary Hummel and Steve Bradford want to reengage our pilots to move this group forward and work towards a contract. We will not tell you what you want &ndash; you will tell us what you want. That is the way it is supposed to work...it&rsquo;s called democracy and solidarity.

Here are some specifics:

• WE WILL ask the pilots what they want and need- we propose heavy polling where you will tell us what we need to represent.
• WE WILL use only recognized experts in our costing and financial analysis. The NMB mediator noted that the expert we used was relatively unknown and in that light it was difficult to defend his numbers. In the end, transparency of collective voice will carry the most weight.
• WE WILL expose many accounting gimmicks that are being used by the company. The company has repeatedly used random metrics to bolster their position. Many of these metrics are not even recognized as valid for SEC filings and DOT 41 information. We need a better picture of our regional partner&rsquo;s costs, and full inclusion of ancillary revenue, which cannot be produced without actually flying a revenue seat mile. The good new is that there are many supporters for more transparency in reporting &ldquo;ancillary revenue&rdquo; and there are proposals to make this mandatory for the airlines. READ HERE. To date these issues have not been adequately addressed.
• WE WILL stop using antiquated negotiating tactics and outdated contract requests that no longer even represent the industry we currently work for.
• WE WILL prepare and present a true financial model as it pertains to the current state of the industry and the Airline we work for. We will not show up unprepared at the negotiating table.
• WE WILL not force new members to the team against the better judgment of the Mediator. As an example, two late comers to the party were not selected interview by the BPR nor were they interviewed as to their ability to be effective.. ALL NAC MEMBERS will be selected by the BPR after a full interview process. We will not fracture or allow dysfunction within our Union activities and .
• WE WILL send a clear message of our collective requirements to the company. We will not tell you that we are asking for &ldquo;industry standard&rdquo; then fail define what that means...
• WE Will use all internal and external resources in the best interest of the Pilots and overall financial preservation. We will not fail to use internal resources for political reasons and job preservation&hellip;
• WE WILL MEET THE COMPANY ON THEIR LEVEL OF NEGOTIATING EXPERTISE AND STAMINA...WITH SOLIDARITY!

In other areas of our Union&rsquo;s functioning:

• All committee chairs will be required to re-interview for their jobs. It is in our UOM that all committee assignments end with the change in National officers. It is the normal time to re-evaluate the structure of our union, just as the president selects the cabinet, and some of those appointments are approved by congress, we propose asking all Chairmen to re-interview. In addition, this interview process will be open to all members who want to serve our union or apply. How else will we find the talent we need to move this union forward?
• As this team previously stated, we will seek in-house counsel that works only for USAPA. This alone can save your union over 1.5 million dollars of dues money annually.
• We will review and revisit our Union Operating Manual that, has been hijacked and amended to appease a powerful executive agenda. We will ensure that going forward, our UOM ensures the control of this union is in the hands Pilots through their elected domicile representatives ...with appropriate checks and balances required for any democratic organization to function.
• WE WILL GIVE YOU BACK YOUR UNION!

If this seems like a good idea, I would personally ask you to consider the following candidates to help make this team function in an effective manner. I pledge to work with whomever you elect, but I am certain these candidates embody our collective goals and objectives.

National Officers​

• Joe Stein &ndash; Executive Vice President - USAPA Founder &ndash; Two Term BPR Chairman DCA- Joe is a calm and steady influence and he watches the dimes and nickels. If you do that the dollars take care of themselves.
• Rob Streble &ndash; USAPA Secretary Treasurer &ndash; USAPA Founder - Rob has worked hard to keep our accounts in order and due to his hard work we have around $5 million in the bank.

Appeal Board​

• Doug Burke- USAPA Founder & Two Term Chairman of the PHL Domicile. Another steady hand, Doug will not allow the Appeal Board to be used as a political tool.
• Roger Henriksson &ndash; USAPA Founder & Two Tem Vice Chairman of the PHL Domicile. Men like Doug a founder and one who knows that the Appeal Board has a serious role to play in our union and is considered fair and honest by all who deal with him.
• Dave Tobin &ndash; Early USAPA volunteer &Former Ballot Certification Chairman &ndash; This is important for an Appeal Board position. The appeal Board hears election complaints and Dave is one of the most knowledgeable people concerning Federal Election Law. Dave also served as chairman of the Finance Committee and on dues collection under Secretary Treasurer Rob Streble.

The most important thing for you to do is vote. It is your constitutional right and you should consider it your duty.

VOTE HERE NOW!​

Remember: If you change any vote, you must change them all. As it resets all positions, you must recast all votes. The only votes that counts are the ones recorded when the Polls close on February 23.

 

[nevergiveup]

Now you certainly may be on to something (however tenuous that may be), but the fact remains that even the Ninth realized that without a vote there was no JCBA and there would have been no JCBA to vote on if the Nicolau award was going to be part of it AND there wasn't enough money on the company could offer either ALPA East OR USAPA because the company was not going to pay for it. All facts that lead to endless what if debates.

The MOU, the choice of the west, changed everything. It provides the judge the opportunity to wash her hands of the entire matter. She will confirm the new method of seniority chosen and that it does not include the Nic.....simply my opinion but it should be everyone else's as well.

 

[prechilill]

The MOU, the choice of the west, changed everything. It provides the judge the opportunity to wash her hands of the entire matter. She will confirm the new method of seniority chosen and that it does not include the Nic.....simply my opinion but it should be everyone else's as well.

We are comfortable with our legal standing going into Judge Silver's court.
Round II
Wake was a quick decision, this will be even quicker. We are RIPE. Nothing to stop Addington this time around.

 

[end_of_alpa]

And he lost to this guy....heros everywhere. Do heros where 4 stripes and 2 stars??

A Message From Steve Bradford Candidate for USAPA Vice President.​

<img align="right" alt="" border="0" height="168" width="200" />Fellow pilots, as this campaign moves forward it is becoming apparent that the integrity of this election process is now coming into question. There is evidence of the use of union funds in an election from the current leadership via a web based Yahoo group and also from a recent PHL update.

Please consider this evidence in your voting deliberation. Where there is smoke there is fire. Our opponents have no record whatsoever to run on so they use lies and slander. They push the limits of election law and have effectively removed the USAPA Ballot Certification Committee out of the loop with regard to USAPA election oversight.

• Gary Hummel and I stand for a more open and democratic union. Your union! We want to give that Union it back to you the line pilot. Gary Hummel and Steve Bradford support DATE OF HIRE. It is part of the opposition &ldquo;big lie&rdquo; to say otherwise. The Big Lie Theory
• Gary Hummel and Steve Bradford want to reengage our pilots to move this group forward and work towards a contract. We will not tell you what you want &ndash; you will tell us what you want. That is the way it is supposed to work...it&rsquo;s called democracy and solidarity.

Here are some specifics:

• WE WILL ask the pilots what they want and need- we propose heavy polling where you will tell us what we need to represent.
• WE WILL use only recognized experts in our costing and financial analysis. The NMB mediator noted that the expert we used was relatively unknown and in that light it was difficult to defend his numbers. In the end, transparency of collective voice will carry the most weight.
• WE WILL expose many accounting gimmicks that are being used by the company. The company has repeatedly used random metrics to bolster their position. Many of these metrics are not even recognized as valid for SEC filings and DOT 41 information. We need a better picture of our regional partner&rsquo;s costs, and full inclusion of ancillary revenue, which cannot be produced without actually flying a revenue seat mile. The good new is that there are many supporters for more transparency in reporting &ldquo;ancillary revenue&rdquo; and there are proposals to make this mandatory for the airlines. READ HERE. To date these issues have not been adequately addressed.
• WE WILL stop using antiquated negotiating tactics and outdated contract requests that no longer even represent the industry we currently work for.
• WE WILL prepare and present a true financial model as it pertains to the current state of the industry and the Airline we work for. We will not show up unprepared at the negotiating table.
• WE WILL not force new members to the team against the better judgment of the Mediator. As an example, two late comers to the party were not selected interview by the BPR nor were they interviewed as to their ability to be effective.. ALL NAC MEMBERS will be selected by the BPR after a full interview process. We will not fracture or allow dysfunction within our Union activities and .
• WE WILL send a clear message of our collective requirements to the company. We will not tell you that we are asking for &ldquo;industry standard&rdquo; then fail define what that means...
• WE Will use all internal and external resources in the best interest of the Pilots and overall financial preservation. We will not fail to use internal resources for political reasons and job preservation&hellip;
• WE WILL MEET THE COMPANY ON THEIR LEVEL OF NEGOTIATING EXPERTISE AND STAMINA...WITH SOLIDARITY!

In other areas of our Union&rsquo;s functioning:

• All committee chairs will be required to re-interview for their jobs. It is in our UOM that all committee assignments end with the change in National officers. It is the normal time to re-evaluate the structure of our union, just as the president selects the cabinet, and some of those appointments are approved by congress, we propose asking all Chairmen to re-interview. In addition, this interview process will be open to all members who want to serve our union or apply. How else will we find the talent we need to move this union forward?
• As this team previously stated, we will seek in-house counsel that works only for USAPA. This alone can save your union over 1.5 million dollars of dues money annually.
• We will review and revisit our Union Operating Manual that, has been hijacked and amended to appease a powerful executive agenda. We will ensure that going forward, our UOM ensures the control of this union is in the hands Pilots through their elected domicile representatives ...with appropriate checks and balances required for any democratic organization to function.
• WE WILL GIVE YOU BACK YOUR UNION!

If this seems like a good idea, I would personally ask you to consider the following candidates to help make this team function in an effective manner. I pledge to work with whomever you elect, but I am certain these candidates embody our collective goals and objectives.

National Officers​

• Joe Stein &ndash; Executive Vice President - USAPA Founder &ndash; Two Term BPR Chairman DCA- Joe is a calm and steady influence and he watches the dimes and nickels. If you do that the dollars take care of themselves.
• Rob Streble &ndash; USAPA Secretary Treasurer &ndash; USAPA Founder - Rob has worked hard to keep our accounts in order and due to his hard work we have around $5 million in the bank.

Appeal Board​

• Doug Burke- USAPA Founder & Two Term Chairman of the PHL Domicile. Another steady hand, Doug will not allow the Appeal Board to be used as a political tool.
• Roger Henriksson &ndash; USAPA Founder & Two Tem Vice Chairman of the PHL Domicile. Men like Doug a founder and one who knows that the Appeal Board has a serious role to play in our union and is considered fair and honest by all who deal with him.
• Dave Tobin &ndash; Early USAPA volunteer &Former Ballot Certification Chairman &ndash; This is important for an Appeal Board position. The appeal Board hears election complaints and Dave is one of the most knowledgeable people concerning Federal Election Law. Dave also served as chairman of the Finance Committee and on dues collection under Secretary Treasurer Rob Streble.

The most important thing for you to do is vote. It is your constitutional right and you should consider it your duty.

VOTE HERE NOW!​

Remember: If you change any vote, you must change them all. As it resets all positions, you must recast all votes. The only votes that counts are the ones recorded when the Polls close on February 23.

Well I think the "record" speaks for itself. Most of what Steve promised HASN'T materialized, imho. However, at this point the biggest threat now is seniority integration. Everything else, short of nuclear war, is secondary. Lets see how Syzmanski handles himself this time Silvers court. I hope he's better prepared than last time.
For what it's worth, I certainly am NO hero for helping to get USAPA off the ground. However, I think it's a nebulous concoction to consider the term "hero" attachable to the founding of a labor union. The closest person I could conceivably consider close to a "hero" is Davd Behnke or the guy Claxon uses in his avatar. Would you consider Doug Parker a "hero" for bringing AWA into the big leagues with US Airways and AMR mergers? You decide.

 

[Bill Brasky]

The arranger was GECAS. Lakefield knew he had an anchor around his neck. Don't let the facts get in the way of a good story.

Who cares where AWA got their government backed ATSB loan? The fact is they needed to merge with US Airways to repay it.

Again, another westie that doesn't have a clue. Too busy trying to steal other folks' seniority, I guess.

 

[CallawayGolf]

Now you certainly may be on to something (however tenuous that may be), but the fact remains that even the Ninth realized that without a vote there was no JCBA and there would have been no JCBA to vote on if the Nicolau award was going to be part of it AND there wasn't enough money on the company could offer either ALPA East OR USAPA because the company was not going to pay for it. All facts that lead to endless what if debates.

You and the Ninth are/were speculating about a vote that never occurred. It's not the duty of any court to ensure that a TA/CBA is ratifiable, it is their duty to determine questions of law. On that question, the Ninth said they and the lower court lacked jurisdiction to provide a legal response to the merits of the case. So how can the Ninth claim that they are jurisdictionally barred from offering a legal opinion or resolution on the merits and then turn around and attempt to offer an unsubstantiated (baseless) opinion on the same? Isn't that like calling a square a circle? Paraphrase: "We have no legal opinion but if we did have a legal opinion we think we know how 3500 pilots will vote in the future, which by the way has nothing to do with the legal matter that is before us as the votes of union members are not subject to judicial intervention" Brilliant.

 

[end_of_alpa]

You and the Ninth are/were speculating about a vote that never occurred. It's not the duty of any court to ensure that a TA/CBA is ratifiable, it is their duty to determine questions of law. On that question, the Ninth said they and the lower court lacked jurisdiction to provide a legal response to the merits of the case. So how can the Ninth claim that they are jurisdictionally barred from offering a legal opinion or resolution on the merits and then turn around and attempt to offer an unsubstantiated (baseless) opinion on the same? Isn't that like calling a square a circle? Paraphrase: "We have no legal opinion but if we did have a legal opinion we think we know how 3500 pilots will vote in the future, which by the way has nothing to do with the legal matter that is before us as the votes of union members are not subject to judicial intervention" Brilliant.

HUH?????

 

[Bill Brasky]

You and the Ninth are/were speculating about a vote that never occurred. It's not the duty of any court to ensure that a TA/CBA is ratifiable, it is their duty to determine questions of law. On that question, the Ninth said they and the lower court lacked jurisdiction to provide a legal response to the merits of the case. So how can the Ninth claim that they are jurisdictionally barred from offering a legal opinion or resolution on the merits and then turn around and attempt to offer an unsubstantiated (baseless) opinion on the same? Isn't that like calling a square a circle? Paraphrase: "We have no legal opinion but if we did have a legal opinion we think we know how 3500 pilots will vote in the future, which by the way has nothing to do with the legal matter that is before us as the votes of union members are not subject to judicial intervention" Brilliant.

In Civil Court, Judges and juries only have to consider a "preponderence" of the evidence. They can listen to both sides and determine which they believe, evidence or not. That is exactly what happened in the Ninth Circuit. NO ONE disagreed with the notion that a contract was unratifiable with the Nic included in it. When all sides agree, it's called a "stipulation". The Court did publish a legal opinion, voiced in the ruling and the transcripts of the ruling.

You lost. Go tell your lawyers before they embarass themselves again. Oops, it's probably too late for that!