September 24, 2013
Leonidas Update
September has been an extremely busy month for the West Pilots and our attorneys. Written discovery was issued by both our side and USAPA, resulting in the production of nearly 400,000 pages of documents. Fifteen West pilots were deposed for up to 4 hours each, with USAPA asking questions focused on opposing class certification, Leonidas finances and SLI fairness. Last week, our attorneys deposed 10 USAPA officers, BPR representatives and committee members over 4 days in Charlotte. The depositions in Charlotte were quite fruitful providing additional evidence to make our case. There is currently a protective order in place that prevents the release of certain documents and transcripts to the public.
By now, most know that the Addington III trial date was moved to October 22 to meet the needs of the court (Doc 174). There have also been a number of legal filings in recent weeks, which are discussed in detail below. Of most importance is Judge Silver’s Order on September 18, 2013, (Doc 194), which resolved the following issues pending before the Court: (1) class certification; (2) the Company’s Motion to Intervene; (3) two motions to quash subpoenas issued to Leonidas relating to USAPA’s request to obtain Leonidas’ financial records; and (4) USAPA’s Motion for Reconsideration.
Class Certification
In a prior order (Doc 122), “the Court instructed USAPA that if it planned on opposing certification in this case, it should present ‘substantially better arguments’ than what it presented in the past.” In Judge Silver’s words, “Unfortunately, USAPA did not listen.” (Doc 194).
As many of you are aware, USAPA has advanced the argument in this litigation that the West Pilots waived their right to pursue the Nicolau award because 98% of West Pilots voted in favor of the MOU. This was one of the arguments that USAPA advanced in opposing class certification. Again, in Judge Silver’s own words: “This argument cannot be taken seriously.” (Doc 194) (emphasis added). With respect to this argument, Judge Silver stated:
During the vote on the MOU, USAPA repeatedly assured all of its members that the vote would have no bearing on adoption of the Nicolau Award. In USAPA’s own words, “no East pilot should vote against the MOU because they fear that ratifying the MOU will implement the Nicolau Award, and no West Pilot should vote for the MOU because they believe the MOU will implement the Nicolau Award.” (Doc 136). In light of this and similar statements during the ratification vote, USAPA’s current position that the vote was a clear statement by the majority of the West Pilots that they are no longer interested in pursuing the Nicolau Award is very close to frivolous. (emphasis added).
In her order, Judge Silver certified the class of West Pilots and appointed Marty, Andy and Jennifer as class counsel. Judge Silver also found that notice was not required given the circumstances of this case and that our attorneys had been certified twice before.
Motion to Intervene
In its pleadings, the Company has indicated that it will only way in on two issues, the ripeness of the West Pilots’ claims against USAPA and the West Pilots’ right to participate in any McCaskill-Bond arbitration. (Doc 128) The West Pilots joined the Company’s Motion to Intervene, which of course USAPA tried to oppose. Last week, the Court once again disagreed with USAPA and granted the Company’s Motion to Intervene.
Leonidas Subpoenas
Over the past several weeks, USAPA has issued two subpoenas to Leonidas, seeking documents and testimony regarding, among other things, Leonidas’ financial records, including information regarding individual donors. Leonidas’ opposed this effort and last week the Court found that “USAPA has not been able to establish the relevance of the information sought by either subpoena.” (Doc 194). The effect of quashing these subpoenas is that Leonidas will not be required to respond to the subpoenas issued by USAPA......,,,
Where are we now?
If anything, the filings by USAPA over the past few weeks are proof to the world that USAPA’s primary strategy is still delay, in a hope to outspend the West and to prevent an adjudication of the DFR claim. This strategy is quite a bit different than the strategy sold to the East pilots back in April of 2008. Remember the confident pronouncements during the USAPA campaign that a DOH contract would be had within 90 days of USAPA’s certification? Fast forward five and a half years and look what USAPA has done to this pilot group, both East and West: cost it over $650 million in wages that it will never get back from the Company. For the sake of all US Airways pilots as we move towards the merger with American, we hope that this will be the end to this saga and that all of us can move forward with better wages.
The West never asked for this fight, but we are where we are. Now, the only thing the West can do is to continue to defend itself against a union whose sole purpose is to advance the seniority of certain East pilots at the expense of the West pilots.
Full update on cactuspilot.com
