Court News

L1011Ret

Veteran
Oct 31, 2002
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Some may be unaware that AA and APFA are charged with a number of violations of labor law and RICO laws. The case was brought by a number of AA F/As as a class action against AA and APFA. The TWA F/As joined the case with their own complaint and so the court mandated that the complaints of the AA F/As and the TWA F/As be joined as one complaint. At the time APFA was under the leadership of J. Ward. The case is now in discovery stage. From the original complaint some time ago I put together a short summary of the charges.

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 2007 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. ( a 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.
 
What company did the APFA use for ballotting?

The TWU used AAA. It just so happens that former AA exec Anne McNamara sits on the AAA board.

Another issue. With the TWU the pin numbers for the ballotts were sequencial. In other words if you had one pin number you could figure out everyone elses pin number by looking at their station seniority number. If you had the same company you may have had the same pin numbering system.With the pin number you could cast our change any vote.

We (TWU Local 562)were trying to bring this up when we sued. After we failed to get a TRO the other Locals bailed out of the lawsuit and we unfortunately dropped the case.

About a week after we dropped the lawsuit the TWU International removed the President of Local 562 and myself.
 
What company did the APFA use for ballotting?

The TWU used AAA. It just so happens that former AA exec Anne McNamara sits on the AAA board.

Another issue. With the TWU the pin numbers for the ballotts were sequencial. In other words if you had one pin number you could figure out everyone elses pin number by looking at their station seniority number. If you had the same company you may have had the same pin numbering system.With the pin number you could cast our change any vote.

We (TWU Local 562)were trying to bring this up when we sued. After we failed to get a TRO the other Locals bailed out of the lawsuit and we unfortunately dropped the case.

About a week after we dropped the lawsuit the TWU International removed the President of Local 562 and myself.


I could be very wrong but I think APFA used the same outfit, AAA.
 
This thread is another reminder of what Corporate Unionism is all about.

It is disgusting that a so-called union organization would team up with management and against dues paying members.

Should be illegal, and this legal complaint should prevail.
 
If I can be of any assistance let me know. Maybe we can join you in the suit, just add the TWU to the defendants list.

Right now the DOL is investigating AAs relationship with its unions. You may want to try and find out if APFA officials are paid by the company while doing union business like the TWU. The TWU gets $3.1 million a year from the company! Nice deal, give the union $3.1 million a year and get over $600 million in concessions!

Check the DOL Website for LM-2 for the APFA, LM-10 from AA and LM-30 for APFA officials who recieve anything from the company. Chances are you wont find the LM-10 or 30s since the DOL has been negligent at enforcing their own rules. But that doesnt mean that there was no exchange of money. You may also write to the DOL and request Form 5500 for the APFA, this gives you information about their pension plan from the union.
 
Thanks for the info. Your guess was correct, it is AAA. What is more interesting is that Ann McNamera had a consulting contract with AA. She was a Director of AAA as I understand it.