UAL update December 2008
n 110 days, the process of Section 6 negotiations will commence.
It has been 2,058 days (5 years, 7 months, 16 days) of living under the current draconian contract and work rules negotiated under duress of bankruptcy.
In This Update:
» A Note From MEC Chairman Captain Steve Wallach
» ALPA Files Appeal In UAL v. ALPA
» Important Notice On Furlough Fund Assessment Billing
» Lost Retirement Savings Act
» UAL v. ALPA: Preliminary Injunction
» Update on UAL-MEC Forum
A Note From MEC Chairman Captain Steve Wallach
Last week, I sent you a letter. The day after I posted that letter, the number of pilots calling in sick went up compared to the average for the previous days in December. There may be very good, perfectly legitimate reasons for this, but we cannot count on the company interpreting it that way. So, let’s be very clear about this: my letter of December 12th was intended to tell you, once again, to comply with the Court’s order, and at the same time I wanted you to have important information, and my views about issues facing us. It was not intended in the slightest degree to encourage anyone to engage in any improper activity. I believed then, and I continue to believe, that I can convey my views, including those critical of management, without your taking them as a signal to do something improper.
So now we have a problem. As a union leader, I have to be free to write a candid letter to you, but if any of you reads that letter the wrong way, then I and all of your union leaders are going to lose our ability to tell you what we think. That is a sorry state of affairs, particularly as we enter Section 6 negotiations. But it is the reality.
So let me tell you again: when I give you information, or express my opinions, it is not a signal or a code to engage in any improper activities, or to do anything because you’re mad at the company or because you don’t like your December schedules. It is no more than information and opinion which I think it important for you to have. Don’t let it affect the operation.
ALPA Files Appeal In UAL v. ALPA
ALPA and the four named individuals in UAL v. ALPA have filed an appeal from the Court Order issued by Federal District Court Judge Joan Lefkow. Although the appeal has been filed, it doesn't change the Order of Judge Lefkow; the Order is in full force until either the District Court or the U.S. Court of Appeals modifies or terminates the Order. The appeal will take several months to be decided, and the District Court still has jurisdiction of the Order and of the case.
The Seventh Circuit Court of Appeals last Friday established the following schedule for the briefing of the appeal. Defendants’ Opening Brief is due January 20; United’s Opposition Brief is due 30 days later on February 19; and Defendants’ Reply Brief is due on March 5, fourteen days later. Defendants have filed a Motion to Expedite the Oral Argument, which will follow the filing of briefs. The Court has not acted on that motion. Once arguments have taken place, a decision will follow sometime after that.
There is currently no schedule for proceeding to the final trial of the case. United’s lawyers have told our lawyers that it intends to push for a Permanent Injunction, but no agreements have been reached as yet on scheduling further pre-trial discovery and other legal activity. The scheduling of any such trial likely would not take place until after the ruling by the Court of Appeals.