Nov/Dec 2013 Pilot Discussion

[Claxon]

 
 
Ironically, USAirways' motion for summary judgement to allow the West pilots separate representation for the purpose of MB does not depend on a "guilty" verdict of the DFR. .....................................

http://leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_265_Airways_response.pdf

 

[Claxon]

 
William Stokes
From: Flyzalot99@aol.com
Sent: Wednesday, May 09, 2007 2:59 PM
To: U-Boston-Pilots@yahoogroups.com
Subject: The "comprehensive proposal"
Page 1 of 1
5/9/2007
 
Boston Pilots,
 
I just received a cursory phone debrief from the company's proposal. All I can say is that
I'm glad that management indicated that they would take it to the pilots themselves. Please
make every effort to attend their presentations as they try to negotiate around your MEC. A
word of caution though, there will probably be metal detectors at every entrance.
 
I am having a hard time finding the proper words to describe the detachment from reality that
is pervasive in management's thought process. Kirby tried the tired old carrot of a few
wide bodies and new international destinations as something that would make us accept this
latest insult. Everything else is garbage wrapped around a complete surrender of our
Section 1,Scope protection. Kirby repeatedly stated that continued industry consolidation
was the path to success. (Any ideas as to whose success he was thinking about? All
their stock options obviously have impaired their cognitive abilities). Now you know the
real story.
 
I won't bother you with the rest of the details, because I just start fuming as I read my
notes. Although Garland is not available, and I hesitate to speak for him now, I'll simply
repeat remarks that he has made on multiple occasions. We will settle for nothing less than
an industry leading contract,........... and this "comprehensive proposal" is not even in the
same area code.
 
Mike

 

[Claxon]

USAirways East Pilots would not have agreed to any contract with the nicolau award.  Nothing new since 2007,  west pilots claim sneak attack, history shows consistency in the East pilots resolve.​

 ​

 ​

 ​

[SIZE=large]MEC SPECIAL MEETING   July 25, 2007[/SIZE]​

[SIZE=large]RESOLUTIONS PASSED[/SIZE]​

 
"AI 07-83 - Equivalent Contract Negotiations
WHEREAS Part 1, Section N., paragraph 1. of ALPA Merger Policy (Merging of  Employment Agreements) provides, “In no event, except by mutual agreement of all parties, will the company be given the right to use the merged seniority list prior to the successful conclusion of the merged working agreement” (Negotiated Single Agreement), and
 
 WHEREAS Section IV. of the Letter of Agreement dated September 23, 2005 between the Association, America West Holding Corporation, America West Airlines, Inc., US Airways Group, Inc., and US Airways, Inc. (the “Transition Agreement”), as approved by the America West and US Airways MECs, provides that management may not use an integrated pilot seniority list prior to separate membership ratification votes by the US Airways and America West pilot membership of a Negotiated Single Agreement, and
 
 WHEREAS hundreds of US Airways pilots appeared in person at the Executive Council meeting May 21st, 2007 and thousands of US Airways pilots have reached out to their elected union officials, at the local and national level, to express their outrage at the unmerited windfalls provided to America West pilots, at the expense of the US Airways pilots, by the Nicolau Award, in clear violation of the provisions of ALPA Merger Policy, and
 
 WHEREAS a majority of the US Airways pilots have contacted their elected representatives and have made it abundantly clear that no Negotiated Single Agreement that allows these windfalls to take effect will ever be ratified by the US Airways pilots, and
 
 WHEREAS the Executive Council on July 19th, 2007 decided that our union’s resources should be devoted to bringing about practical results through agreements that may include umbrella agreements or multiple agreements, and
 
 WHEREAS the US Airways MEC has been and continues to be willing to abide by the Executive Council resolutions of May 21st and July 19th, 2007 and engage in seeking practical solutions to the issues facing the US Airways and America West pilots, and
 
 WHEREAS the Executive Council has established a committee called the “Rice Committee” chaired by First Vice President Paul Rice and including Executive Board member David Webb and Executive council member Ray Miller to work both with the US Airways MEC/JNC and the America West MEC/JNC to assist in finding practical solutions that promote mutual career protections and mutual success, with improved pay, benefits, work rules and job security for both US Airways and America West pilots, and
 
 WHEREAS the US Airways MEC has discussed the Collective Bargaining Agreement options brought forward by the Rice Committee for consideration by the MECs,
 THEREFORE BE IT RESOLVED that the US Airways MEC endorses the concept of equivalent contracts (separate contracts of comparable value for US Airways and America West pilots), with separate operations, and
 
BE IT FURTHER RESOLVED that such separate operations are to be permanent in nature and include preemptive contract language to assure their continued application during any future merger involving both the US Airways and America West pilots, and
 
BE IT FINALLY RESOLVED that the US Airways MEC authorizes the US Airways members of the NC to pursue an equivalent contract utilizing all necessary ALPA resources, including the assistance of the Rice Committee.
Passes
 
AI 07-81 - Transition Agreement Dispute
 WHEREAS there is a provision in the Transition Agreement to settle disputes
between US Airways Management and the Association, and

WHEREAS the AAA MEC has passed a resolution seeking to stop the
implementation of a single operation FAA certificate, and

WHEREAS dispute resolution language on this matter has been drafted by the
Representation department of ALPA National, and

WHEREAS the AWA MEC has not recognized that a dispute exists between the
Association and the Corporation, and refuses to address the dispute resolution language drafted by ALPA national,

WHEREAS the AWA MEC’s refusal to recognize that a dispute exists between the
Association and the corporation causes and constitutes a dispute between the two ALPA parties (AAA and AWA), and

WHEREAS the Executive Council of ALPA National is the governing body tasked
with settling disputes between the two ALPA parties should one arise during the life of the Transition Agreement, and

WHEREAS the AAA MEC is seeking resolution of the dispute between the two ALPA parties,

THEREFORE BE IT RESOLVED that the AAA MEC requests that the Executive Council rule on the dispute between the two ALPA parties in the matter of the filing
of a dispute against the Corporation to maintain separate operations as stipulated in the Transition Agreement, and

BE IT FURTHER RESOLVED that upon resolution of the dispute between the two ALPA parties, if resolved as sought by the US Airways MEC, the Association will file the dispute resolution language drafted by the ALPA National Representation Department seeking to ensure that separate operations be maintained between the two ALPA parties, and

BE IT FINALLY RESOLVED that separate operations be maintained between the
two parties as prescribed in the Transition Agreement.
Motion Passes Unanimously

 

[Phoenix]

http://leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_265_Airways_response.pdf

Exactly.  
 
USAirways asserts they are "neutral" with regard to the DFR and still assert that Silver can and should grant summary judgement in favor of their motion for Silver to establish a West representation for MB.  And they do so in the course of a DFR lawsuit, where USAirways doesn't even assert there has been a breach of DFR, or harm.  But they imply there will be a DFR harm in the future if the West doesn't have separate MB representation.  
 
Inexplicably DUI didn't bother to negotiate that and have it enshrined in the MOU... maybe Silver dismissed DUI from the case too quickly.  

 

[Res Judicata]

http://leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_267_Plts_Response_to_USAPA_Motion_for_Summary_Judgment.pdf
 
Talk about "cherry picking", how the Westicle Lawyers really EVADE the truth buy partial quoting court cases that SUPPORT USAPA POSITIONS!
 
What they REALLY SAID!
 
Emporium Capwell Co. v. Western Addition - 420 U.S. 50 (1975)
"In vesting the representatives of the majority with this broad power, Congress did not, of course, authorize a tyranny of the majority over minority interests. First, it confined the exercise of these powers to the context of a "unit appropriate for the purposes of collective bargaining," i.e., a group of employees with a sufficient commonality of circumstances to ensure against the submergence of a minority with distinctively different interests in the terms and conditions of their employment. See Chemical Workers v. Pittsburgh Glass, 404 U. S. 157, 404 U. S. 171 (1971). Second, it undertook in the 1959 Landrum-Griffin amendments, 73 Stat. 519, to assure that minority voices are heard as they are in the functioning of a democratic institution. Third, we have held, by the very nature of the exclusive bargaining representative's status as representative of all unit employees, Congress implicitly imposed upon it a duty fairly and in good faith to represent the interests of minorities within the unit.Vaca v. Sipes, supra; Wallace Corp. v. NLRB, 323 U. S. 248 (1944); cf. Steele v. Louisville & N. R. Co., 323 U. S. 192 (1944). And the Board has taken the position that a union's refusal to process grievances against racial discrimination, in violation of that duty, is an unfair labor practice. Hughes Tool Co., 147 N.L.R.B. 1573 (1964); see Miranda Fuel Co., 140 N.L.R.B. 181 (1962), enforcement denied, 326 F.2d 172 (CA2 1963). Indeed, the Board has ordered a union implicated by a collective bargaining agreement in discrimination with an employer to propose specific contractual provisions to prohibit racial discrimination. See Local Union No. 12, United Rubber Workers of America v. NLRB, 368 F.2d 12 (CA5 1966) (enforcement granted).
B
Against this background of long and consistent adherence to the principle of exclusive representation tempered by safeguards for the protection of minority interests, respondent urges this Court to fashion a limited exception to that principle: employees who seek to bargain separately with their employer as to the elimination of racially discriminatory employment practices peculiarly affecting them [Footnote 15] should be free from the constraints of the exclusivity principle of § 9(a). Essentially because established procedures under Title VII or, as in this case, a grievance machinery, are too time-consuming, the national labor policy against discrimination requires this exception, respondent argues, and its adoption would not unduly compromise the legitimate interests of either unions or employers."
They LOST before the Supreme Court JUST LIKE LEONIDAS WILL!  Hell, their lawyers cannot even quote Barton Brands which was about changing FROM a DOH to end-tailing the minority, or Bernard where ALPA actually EXCLUDED the Jet America pilots with their integration with Alaska.  
"By way of remedy, the district court: (1) directed ALPA to apply its current merger policy providing for negotiation, mediation and arbitration in order to resolve merger and seniority integration disputes between the two groups of pilots; (2) directed ALPA to treat the former Jet America pilots as a separate ALPA-represented group for purposes of implementing this policy and to appoint three Jet America pilot merger representatives; (3) vacated and set aside the October 6, 1987, seniority integration agreement between ALPA and Alaska Airlines; and (4) specified the basis by which pilots would be furloughed, promoted and given flying assignments in the interim period until a new agreement could be reached."  Bernard, ALPA screwing the smaller group by shoving them down to the bottom.
Barton Brands where the company convinced the unions to merge DOH in their first contract, the COMPANY didn't do what they promised and the NEXT contract the employees wanted to END TAIL the smaller employee group.  (Which they eventually did anyway).
Or how about their old stale argument from Air Wisconsin, even though what Posner said was obviously what that union implied they were going to do and deny the minority a voice and a VOTE.  Something USAPA NEVER DID!
 
You West pilots and your lowlife scum attorneys are going to get exactly what they deserve.  And when you lose... and you WILL LOSE.... you Westicles feel free to go POSTAL on Posinelli for promising you something you'll NEVER HAVE!

The enormity of your staggering failures is starting to dawn on you isn't it. Funny how no Federal Judges along the way have viewed the situation as scabs like you JJ are so desperate for people to believe. You ratified a contract without amending the TA. You voted for the Nic. Best of luck funding your own LLC after USCABA is thrown out like an aborted fetus.

 

[Hope777]

So as a lowly FSA, How MUCH has it cost each of You?

 

[Claxon]

 
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
US Airways, Inc.,
Plaintiff,
vs.
Don Addington, et al.,
Defendants.
))))))))))
No. CV-10-01570-PHX-ROS
AMENDED JUDGMENT
(to add description of class)
 
"Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012"
 
 
Judge Siver

 
Company has their choice.  East pilots won the 9th and declaratory judgement.  The west DFR 2 is not only unripe, but labor union vs Judge negotiating a contract for west pilots will not pass an appeals court approval. 
 
An appeal from the west equals nothing, appeal from the East equals two plus years of court. 

 

[Claxon]

The enormity of your staggering failures is starting to dawn on you isn't it. Funny how no Federal Judges along the way have viewed the situation as scabs like you JJ are so desperate for people to believe. You ratified a contract without amending the TA. You voted for the Nic. Best of luck funding your own LLC after USCABA is thrown out like an aborted fetus.

How much have you moved on the west seniority list since 2005?  Your situation will not improve for years.  Other airlines are hiring, but you tried that once before and were only able to obtain an america west pilot position.  Angry f/o for life?

 

[Phoenix]

The enormity of your staggering failures is starting to dawn on you isn't it. Funny how no Federal Judges along the way have viewed the situation as scabs like you JJ are so desperate for people to believe. You ratified a contract without amending the TA. You voted for the Nic. Best of luck funding your own LLC after USCABA is thrown out like an aborted fetus.

Voted in the Nic...
 
In case you missed it Marty said that the MOU doesn't contain the Nic, but rest assured it does contain the word "nullity".  
 
P.S.  what does "nullity" mean to you?
P.P.S.  How many numbers were you senior to yourself?  🙂

 

[Claxon]

http://www.youtube.com/watch?v=xHUx5rdXM0Q

 

[Claxon]

tony anger, west pilot hired during the scab Australia years, claims west pilots will never work with USAPA.  How has that attitude been working out for you west pilot?  (rhetorical question)
 
http://www.youtube.com/watch?v=2gAoEijahTE

 

[traderjake]

 

 ​

 ​

[SIZE=large]MEC SPECIAL MEETING   July 25, 2007[/SIZE]​

[SIZE=large]RESOLUTIONS PASSED[/SIZE]​

 
 

 
I was wrong about Claxon, he posts articles that are only 6 years old. 

 

[Res Judicata]

Voted in the Nic...
 
In case you missed it Marty said that the MOU doesn't contain the Nic, but rest assured it does contain the word "nullity".  
 
P.S.  what does "nullity" mean to you?
P.P.S.  How many numbers were you senior to yourself?  🙂

I was told by scumanski...MY LAWYER that the MOU was entirely neutral regarding the Nic. Now he claims we waives our rights to a fair process. Why didn't he take the stand do you think?

You pieces of schit have earned every bit of the misery that has been dumped on you. More to come as well. It's called "Karma".

 

[Claxon]

I was told by scumanski...MY LAWYER that the MOU was entirely neutral regarding the Nic. Now he claims we waives our rights to a fair process. Why didn't he take the stand do you think?

You pieces of schit have earned every bit of the misery that has been dumped on you. More to come as well. It's called "Karma".

Another victim.  Misery?  How has the last nine years of your career gone. 
 
Seperate ops no matter what for a few more years.  LOA 93 mantra, where has that gone since february 8th.  BOHICA warning for you sir.

 

[EastUS1]

I was told by scumanski...MY LAWYER that the MOU was entirely neutral regarding the Nic. Now he claims we waives our rights to a fair process. Why didn't he take the stand do you think?

You pieces of schit have earned every bit of the misery that has been dumped on you. More to come as well. It's called "Karma".

 
http://www.youtube.com/watch?v=aMGqdtAOFQQ&list=PLBF3A731416965680
 
 
 
Just a kindly suggestion here:  http://healthland.time.com/2012/10/08/6-breathing-exercises-to-relax-in-10-minutes-or-less/