August 2013 Pilot Discussion

[Claxon]

July 20, 2013

Leonidas Update

Late yesterday afternoon, Judge Roslyn Silver issued a comprehensive order that on balance is favorable to the West Pilots. We will comment in greater detail soon, but here is a summary. You can download and read the order here.

To begin, Judge Silver denied USAPA's motion to dismiss and held that the case is now ripe for adjudication. Ripeness has eluded the West Pilots so far, but now our wait is over. We will have our day in court, our trial is scheduled to start September 24th, 2013. On that day USAPA can explain how a labor union is free to abandon the result of an arbitration when the majority does not approve of the result, yet still be in compliance with their Duty to Fairly Represent the West. USAPA has desperately avoided having to answer this question for nearly six years, but now there is no more delay.

Also in yesterday's order, US Airways' motion to dismiss our complaint was granted. In addition, Judge Silver denied AMR's request to join this litigation and she denied bringing the Allied Pilots Association in as well. While we are disappointed in a sense that US Airways was dismissed, the reality is that the East-controlled USAPA is the root cause of the troubles for the West.

The sooner we get to a judicial conclusion, the better for all – West, East, and even American pilots. This will be the world's largest airline and with it, the combined AMR-AWA-USA pilot group will be in a position to join our UAL-CAL and DAL-NWA brothers and sisters in regaining what has been lost by pilots since 9/11.

Finally, we want to once again thank all those who have contributed to this legal cause. Leonidas was formed nearly six years ago with the stated objective of preserving the West Pilots' seniority rights. Nobody gave the West a chance to stand up against the East-controlled USAPA. Well, the West did stand up, and three million dollars in legal fees later – we're still here.

Have a great weekend.

Sincerely,

Leonidas, LLC

Leonidas Update May 13, 2009
[background=initial]
on [/background] 13 May 2009 .

The Verdict is In

Fellow US Airways Pilots:
What we knew would happen has just happened. A jury of nine Americans - six men and three women - has just returned a verdict finding USAPA responsbile for failing to represent the 1800 America West pilots. "Responsible" in a civl case is the legal equivalent of "guilty" in a criminal case and just as in a criminal case, a unanimous verdict has been reached. Although this is cause for great relief among all West pilots, we find it difficult to celebrate. To us at Leonidas, LLC, this verdict represents the culmination of a tremendous amount of wasted effort and capital to settle an issue that was already settled.

We dare not calculate the cost to all US Airways pilots for what has gone on over the last two years because the number would be astronomical. Now with this jury verdict, the seniority issue has been twice settled. It is time to move on.
We will post an additional update when we receive more information. In the meantime we are one pilot group - East and West.
We would also like to thank our team of attorneys who took our case less than fourteen months ago. This was an uphill battle from day one as DFR cases are notoriously difficult to win. However, they never wavered. Their faith in the West pilot group and their belief in our case are what got us to this day. Every West pilot owes his or her career to Marty Harper, Andy Jacob, Don Stevens, Kelly Flood and Katie Brown. From the bottom of our hearts, we thank the five of you.
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[snapthis]

Case 2:13-cv-00471-ROS Document 122 Filed 07/19/13

C. The West Pilots Have Stated a Claim
USAPA’s final argument is that the complaint does not satisfy Federal Rule of Civil Procedure 8 because it does not allege sufficient facts to support a claim for breach of the duty of fair representation. Given the parties’ history and extensive interactions, there is no real question that USAPA knows how the West Pilots believe USAPA breached the duty of fair representation. In other words, the complaint alleges sufficient facts such that USAPA knows “the nature of [the West Pilots’] claim” and USAPA has “a fair opportunity to defend against it.” Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). USAPA’s request to dismiss for failure to comply with Rule 8 will be denied.

D. Miscellaneous Arguments
Finally, USAPA makes a number of other arguments such as: ratification of the MOU precludes this suit, the request for attorneys’ fees must be preemptively denied, and certain portions of the complaint must be stricken.
The Court has considered all of USAPA’s arguments but concludes no relief is appropriate at this time.

The motion to dismiss will be denied in its entirety.

 

[luvthe9]

With the below article in mind, does Alaska's unlimited code share with American also include the unlimited outsourcing available to Alaska Airlines? IE: under Alaska's code, are a 100 new 175's operated by Joe's Airline. Will those 175's be under the unlimited code with American?


At the bottom of this article the APA sure seems positive about all these new RJ's. With the outstanding rates for these fine aircraft, which division do you think the APA has in mind to be the lucky recipients?


http://www.aviationweek.com/Article.aspx?id=/article-xml/AW_07_01_2013_p37-591497.xml

 

[Claxon]

It's on the AOL website JERRY

More good news, on the AOL website Prechillil. Shall we call it the Trail of Tears?


What judges do, and what Judge Wake did here, is retain jurisdiction as a way to modify the injunction as circumstances warrant.

Read the following excerpt from Judge Wake&rsquo;s injunction:


IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633 PHX-NVW in favor of the Plaintiffs and the class of all pilots employed by US Airways, Inc., in September 2008 who were on the America West seniority list on September 20, 2005, that Defendant US Airline Pilots Association and its officers, committees, representatives, agents, and all persons in active concert and participation with them are permanently enjoined and ordered to:

A. Immediately, and in good faith, make all reasonable efforts to negotiate and implement a single collective bargaining agreement with US Airways that will implement the Nicolau Award seniority proposal unmodified, according to its terms;

B. Make all reasonable efforts to support and defend the seniority rights provided by or arising from the Nicolau Award in negotiations with US Airways; and

C. Not negotiate for separate collective bargaining agreements for the separate pilot groups, but rather negotiate for a single collective bargaining agreement for both pilot groups that incorporates the Nicolau Award. This injunction does not restrain USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent with the previous sentence.

The Court retains jurisdiction to enforce, modify, or dissolve the permanent injunction portion of this order. The Court retains jurisdiction to adjudicate the named Plaintiffs&rsquo; unadjudicated claims for damages and any claims for attorney fees.

DATED this 17th day of July 2009

Neil V. Wake
United States District Judge

 

[dca319]

By the last two posts, it looks like some of us in the east are becoming desperate to try and spin this latest filing into something positive.

 

[Claxon]

By the last two posts, it looks like some of us in the east are becoming desperate to try and spin this latest filing into something positive.

Just a little history lesson Move. A friendly reminder of what happens to AZ judges who can't understand the RLA.

 

[Claxon]

CONCLUSION
[10] For the foregoing reasons, we hold that Plaintiffs&rsquo;
DFR claim is not ripe; therefore, the case is REMANDED to
the district court with directions that the action be DISMISSED.
No coststo either side.

 

[cleardirect]

Just a little history lesson Move. A friendly reminder of what happens to AZ judges who can't understand the RLA.

There is your problem.

You don't even understand what laws you are complaining about.

Judge Wakes injunction had nothing to do with RLA. The injunction was not remanded because of the RLA. It was only ripeness and that issue has been cured.

 

[Claxon]

There is your problem.

You don't even understand what laws you are complaining about.

Judge Wakes injunction had nothing to do with RLA. The injunction was not remanded because of the RLA. It was only ripeness and that issue has been cured.

The ripeness was only the beginning of your problem. The start. The 9 th gave the Nic much discussion as well. Would you like it again?

 

[snapthis]

The ripeness was only the beginning of your problem. The start. The 9 th gave the Nic much discussion as well. Would you like it again?

You have a problem as well. No USAPA, no appeal. If you want to appeal, you won't have West funds anymore so you better set up an LLC and sell t-shirts.

If we lose in Silver's court and you sell enough t-shirts, we have Leonidas to take this through the apellate process.

 

[cleardirect]

The ripeness was only the beginning of your problem. The start. The 9 th gave the Nic much discussion as well. Would you like it again?

Why would you even be discussing the ninth at this point? No confidence at the district level?

Counting on the ninth to save you again? Right good luck with that.

BTW what will you do when the APA decides it is a waste of resources to continue an appeal that the majority of pilots are against?

Has legal not explained to you that the union owns the appeal not the east pilots? Mike you can't even create a Leonidas style organization because you have no standing when usapa goes away.

 

[dca319]

Just a little history lesson Move. A friendly reminder of what happens to AZ judges who can't understand the RLA.

Still blathering about things you don't understand. Nothing has changed except for USAPA's hope of a win.

 

[luvthe9]

Still blathering about things you don't understand. Nothing has changed except for USAPA's hope of a win.

Weak response JJ. I saw you at Bojangles the other day. You better lay off it, you are getting fat.

 

[luvthe9]

You have a problem as well. No USAPA, no appeal. If you want to appeal, you won't have West funds anymore so you better set up an LLC and sell t-shirts.

If we lose in Silver's court and you sell enough t-shirts, we have Leonidas to take this through the apellate process.

USAPA will be round for a long time, and Silver is going to end this for Leonidas.

 

[luvthe9]

Why would you even be discussing the ninth at this point? No confidence at the district level?

Counting on the ninth to save you again? Right good luck with that.

BTW what will you do when the APA decides it is a waste of resources to continue an appeal that the majority of pilots are against?

Has legal not explained to you that the union owns the appeal not the east pilots? Mike you can't even create a Leonidas style organization because you have no standing when usapa goes away.

Create a Leonidas style organization? Who couldn't? All you do is get a couple of pilot lawyers who funnel the cash to a half a$$ed lawyer