Finally after more than a year the false charges of "ID theft" against two west pilots have been dropped. Even the highly biased and unethical appeal board could not manage to convict these guys of “ID theft”. After all of the hysterics and screaming from the mountain tops of how the east pilots had been violated. How usapa was going to the FBI, TSA, states attorney general and anyone else that would listen it all come to naught.
It turns out there is no evidence that anyone did anything wrong. The company has overturned their own decision and paid these guys their back pay. In addition to the 10 month paid vacation they got because usapa made such a stink and so many false accusations and got the membership so worked into a froth.
Guy you might want to take this as a lesson that blindly following the union leadership and believing everything they say is a bad choice. Cleary played on your emotions to retain power and control. Objectively look at what he and usapa have achieved. NOTHING but spending money and looking foolish. They have not bettered any of our lot for over 4 years.
Cleary told you he was going to the FBI and persuing legal remedies. What ever happened to that? Why did usapa never tell you that they dropped the case? What ever happened to the legal case? They sure spent a lot of money doing depositions. Why was that evidence not presented to the appeal board? Could it be that it turned out usapa realized that nothing illegal had happened but they needed an issue to distract the membership?
It is interesting to go back and read what Cleary and usapa said. Take a look at all of the indignation and bravado. The absolute confidence that these guys were guilty and the FBI or some legal authority was going take up your cause. These are updates from usapa. Defamation and slander can get expensive. If I would the guys falsely accused I might consider legal remedy. Notice in here they never say "alleged", Cleary and usapa pronounced them guilty without due process.
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Fellow pilots,
As Vice President Randy Mowrey and I have messaged to you in the last couple of days, your union has taken many steps with regard to the theft of your personal information and, regretfully, extraordinary action was taken this morning that I want to tell you about.
From my perspective it is not only intuitive but required that members of an entity responsible for the theft of confidential information cannot then participate in any discussion regarding details of an investigation into that theft. This is the definition of conflict.
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In November, the Company acknowledged that passport information was included in the database used to distribute the mailing. Due to this acknowledgement, and as a result of the Company's failure to respond to requests for information, President Cleary notified the TSA and FBI of the security breach. In January, the FBI appointed an investigator to the case.
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The DCA, CLT and PHL Reps all expressed the outrage felt by their pilots regarding the violation of their privacy. After discussion, a resolution was passed including a recommendation that, if found guilty, the responsible individuals would be subject to the following disciplinary action:
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"US Airways pilots are infuriated at the data breach perpetuated by a management official of the company for which they work," stated Mike Cleary, president of USAPA. "Thousands of us have been exposed to identity theft that could impact us for the rest of our lives. Further, as the Federal Bureau of Investigation has yet to determine the extent of the breach, we are concerned about the security of ALL information provided to US Airways --including our families' personal information. US Airways collects personal information on US Airways employees' family members and information from passengers, such as credit card data."
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USAPA has been working with the FBI since November 2010 in an attempt to determine the exact scope of the data breach. In his letter alerting the FBI, the Transportation Security Administration and the Federal Aviation Administration to USAPA's concerns, President Cleary said,
"We believe the unauthorized access to this confidential information may pose a direct threat to national security, our represented pilots' safety, and their professional standing.
"The exact scope of the breach is unknown, but unauthorized access to airline pilot passport numbers coupled with pilot residential addresses could potentially be used to forge U.S. commercial airline pilot passports, or identities, in order to gain access to international or domestic commercial aircraft or flights -- thereby posing a direct threat to our nation's security."
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USAPA is committed to spending the time and resources necessary to protect its members, while it believes that US Airways sits on the sideline. US Airways management has informed USAPA that it is relying on the "assurances" of the very parties responsible for the data breach that the confidential information will not be misused.
"This is, of course, ludicrous," President Cleary responded. "It's analogous to a bank robber promising he will not spend the stolen loot. We are demanding swift and aggressive action as we simultaneously take significant steps to hold both US Airways and the specific responsible parties liable for the damage caused."
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President Mike Cleary Addresses Domicile:
Gave background into the timeline of the identity theft. Parker was notified in October about the issue and parties tried to resolve it quietly at that time. November 2010 the company admitted that passport numbers were included in the breached database. The communications from company essentially halted and USAPA contacted the FBI. In mid January, FBI assigned an investigator to the case who has been very responsive to us. Last Thursday Company communicated that PHX Vice Chair Eric Ferguson had requested the information from then Assistant Chief pilot John Scherff. USAPA has now reported the issue to the Arizona Attorney General's office. We are also investigating litigation, and Mike encouraged individuals to pursue private litigation. We are still weighing the pros and cons of the various options and have not finalized our plans yet. USAPA attorneys have issued document preservation letters to the Company in light of possible pending litigation. Ken Holmes was the third pilot complicit to the theft.
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Attorney General Mailing List and Templates
Below is a letter template you can use to contact your state's Attorney General regarding the recent theft of your personal information and potential danger of identity theft. Just cut and paste the text below into a document or your email window and fill in your personal information where noted.
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PHL update 13 April 2011
This is a serious matter, and every legal avenue is being explored. Please log on to the USAPA website and follow up on steps you can take to protect yourself, including filing a police report with your local authorities. Also, to help USAPA's investigation, we ask that you report any identity or credit anomalies to us immediately. This includes credit cards being replaced due to perceived fraudulent activity, tax filing issues, or any evidence you have regarding the use of your address. The "responsible" parties Leonidas have shown no restraint in going after what they want, and this unfortunate turn of events will now affect the rest of our days. While the Leonidas propaganda is built on misinformation and might look silly at this point, we trust you'll take seriously the fact that they now have enough of your personal data to financially destroy you. Stay engaged on this issue and look for more information on the USAPA website soon, including a convenient way to report this theft to your state's Attorney General.
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President's Report
President Cleary began his report to the Board by discussing the issue of identity theft and unauthorized release of pilots' personal data. With all Board members present, the BPR discussion included:
Status of the identity theft issues
Legal Counsel briefing, and
Potential actions deemed appropriate by the Board
After lengthy discussion, the Board approved to initiate litigation to protect pilots from abuse of their confidential information.
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We are pursuing all legal avenues to protect your interests and your rights as employees. We need all of you to preserve any data that you have regarding the Leonidas mailing; report any and all suspicious activities involving the unauthorized use of your identity since September 9, 2009 -- the apparent transfer date -- to your Representatives. We have contacted USAPA Legal, and they are assisting in developing a legal strategy while we continue to wait for Management to do the correct thing. The Board recently approved legal action on this issue, and you may be certain we will not let this breach of your trust and identities go unchallenged.
