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Special Hotline – Distribution on Hold

jenny@nw

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Special Hotline – Distribution on Hold
07JUN07

The following is a letter to you from the AFA-CWA legal department.

AFA is in receipt of allegations in connection with the Northwest contract ratification vote that concluded on May 29, 2007. Those allegations are contained in a challenge filed by Member Guy Meek, and spearheaded by Member Jose Ibara. At the direction of AFA International Secretary Treasurer Kevin Creighan, the AFA Ballot Certification Committee is conducting an investigation of this challenge.

Since no evidence was submitted in support of the allegations, Mr. Meek has been given until June 22, 2007 (two weeks from tomorrow) to submit such evidence. The Committee will then complete its investigation and issue a determination of whether there is “due causeâ€￾ under Section IX of the AFA Policy Manual to void the ballot and order a reballoting.



Because the $182 million dollar equity claim contained in this agreement was contingent upon a ratified contract, the AFA Legal Department has advised us that distribution of the funds from the sale of that claim must be halted until the challenge filed by Mr. Meek is finally resolved or withdrawn by Mr. Meek. Even though we have every confidence in our balloting process, we cannot pre-judge this challenge and assume that it will be dismissed.



Before the investigation is completed, even the remotest chance that a challenge would overturn the vote and cause a reballoting leaves us no choice but to delay the distribution of the equity claim funds. If that money were distributed and it were later found that the ballot should be overturned, then the Company, and possibly other claim holders, could potentially sue AFA and individual members for the return of the proceeds.



Since the Early Out and the Surplus Severance Payment were also contingent upon a ratified agreement we must also instruct the Company to delay those payments until Mr. Meek’s challenge is resolved or withdrawn. There is no other way to avoid the legal risk that flight attendants who qualify for those payments might be required to return the money to the Company in the event Mr. Meek’s challenge overturns the ratification vote.



The equity claim funds will continue to be held in an interest-bearing account for the benefit of the flight attendants eligible to participate in the distribution. Once this matter is resolved, or Mr. Meek withdraws his challenge, we will then instruct the Company to release the funds and to proceed with the Early Out and the Surplus Severance Payment.



We regret any inconvenience this may cause, but this is made necessary by the challenge that has been filed. We have been given assurances by the International Office that the investigation will be conducted fairly and will be completed as quickly as possible.
 
Special Hotline – Distribution on Hold
07JUN07

Good for you guys. Maybe now you can show the company that the deal was rejected and go on strike. Now that they are out of BK, maybe you will do some good. Maybe the scab mechanics will honor your picket line :up: :up: :up:
 
This question and answer piece also:
Questions and Answers about the Delay of the Equity Claim and Related Issues
Q. How long is this delay likely to take?
A. That will depend on what Guy Meek and Jose Ibarra do next. AFA has given Mr. Meek until June 22, 2007 to submit evidence to support his allegations. If he submits the evidence sooner, then the investigation will start and end sooner. The investigation will take about 1 to 2 weeks after we receive the evidence, if any. If Mr. Meek and Mr. Ibarra then decide to pursue a legal appeal into the courts, that could take months, and the funds would likely still need to be held back in order to avoid any legal risk that the court would order flight attendants to return the money. It is our hope that this matter will be resolved, or withdrawn by Mr. Meek, quickly so that the funds can be released to the flight attendants.
Q. Why do we have to allow Guy Meek to delay the distribution?
A. When we received Mr. Meek’s challenge we immediately sent it to our in-house Legal Department. Their first assessment was that there is no merit to the allegation whatsoever. Nevertheless, a member is entitled to assert such a challenge and we must follow the procedures of the AFA Constitution and Bylaws and Policy Manual and investigate whether there is “due cause†to overturn the election. Our attorneys also consulted with our outside bankruptcy and corporate lawyers to seek their advice. Because of the magnitude of the money involved, even the very slightest possibility of the ratification being overturned requires us to ensure that the entire equity claim distribution (and the Early Out / Surplus Severance Payment) is delayed. If the money were distributed, our attorneys advise us that the union and the individual members who receive the money could later be sued by the Company or by other creditors from the bankruptcy case in an attempt to recover the money if the challenge succeeds in overturning the results of the vote. This is very disappointing to us, and I am sure to the vast majority of those who were counting on receiving this money at a specified time. It is our hope that this matter will be quickly resolved, or withdrawn by Mr. Meek, so that the funds can be distributed to the flight attendants.
Q. If the challenge is without foundation, as I believe it is, what steps will be taken to seek personal damages against Mr. Meek and Mr. Ibarra for the loss that their action is immediately causing to each employee?
A. With the threat of litigation already being announced, it’s not appropriate to discuss possible future legal action taken on behalf of the Union and our members. The best outcome would be for this matter to be resolved without litigation so the funds could be distributed to the flight attendants as soon as possible. AFA will conduct a thorough and fair investigation, and we will aggressively defend the Union and our members in court if Mr. Meek, Mr. Ibarra or others decide to file a lawsuit to delay this matter further. Our goal is to get the money distributed.
Q. Will we, the employees, be responsible for returning to the company the money received from the sale of the stock plus the 35%difference between the face value of the stock and the price at which the stock was sold if the affirmative vote is set aside?
A. Our position would be that we had a ratified agreement at the time the claim was sold and are not required to repay any of the money, and certainly not the original $182 million. That claim was rightfully sold for approximately $116 million. However, if the vote were overturned the Company or the other creditors might take a different position. That’s why the money is now being held in an interest-bearing account for the benefit of the flight attendants. The distribution is being delayed –even though we believe there is only a remote chance that Mr. Meek’s challenge would overturn the vote results –because overturning this vote after the money is distributed would potentially have enormous financial and legal consequences. This delay avoids a potential lawsuit against the Union and against the individual members who would receive those funds in the event the Company or other creditors would seek the return of those funds if the vote is overturned.

Meek and Ibarra need a major reality-check. They are about to get their backsides chewed up by a 55,000 member union with a huge legal bankroll. Wonder if they're ready for the civil suits by their fellow flight attendants.
 
Wonder if they're ready for the civil suits by their fellow flight attendants.

Meek and Ibarra need a major reality-check. They are about to get their backsides chewed up by a 55,000 member union with a huge legal bankroll. Wonder if they're ready for the civil suits by their fellow flight attendants.

So the AFA's answer to a member challenging the results of an extremely close ratification vote is to threaten them and portray them as spoilers to the membership and the general public?

Civil suits? Please.

I would hope that all the F/A's did not spend their money yet.
 
They are about to get their backsides chewed up by a 55,000 member union with a huge legal bankroll. Wonder if they're ready for the civil suits by their fellow flight attendants.


Is this the same 55,000 member union that threatened 'Chaos', "..In two weeks, so if you want to go to court and get a TRO please feel free to do so..."


"Stop pushing us, in two weeks we're going to get really mad..." :lol:
 
..."AFA will conduct a thorough and fair investigation.." Yup, you can count of a "Big" union like the AFA to do the right thing. (wink) - Any techs remember the see thru ballots at UAL?

So the AFA's answer to a member challenging the results of an extremely close ratification vote is to threaten them and portray them as spoilers to the membership and the general public?

Civil suits? Please.

I would hope that all the F/A's did not spend their money yet.
 
I thought that it was interesting that the afa mentioned Meek and Ibarra by name. It was also intersting that the release said that the distribution could go through if Meek withdraws the challenge.

Do you NWA folks think that the afa could be trying to drum up member pressure into strong arming Meek into withdrawing his contest thereby covering up afa misconduct in the vote count?
 
I thought that was exactly why they mentioned them by name.
A total of 484 ballots were disqualified, including 242 for failing to pay dues and 224 that were cast by flight attendants who weren't members.

What "needs to be done"?? If you're too lame-brained to not pay dues or try to vote illegally, your vote should be disqualified. I think Meek and Ibarra's issue is sour apples.

Hey MNBlue, how about having your APFA post the names of all the so-called "lame-brained" voters.

I guess you are in the 'we'll get 'em next time' group that already spent their sell-out checks. 🙁
 
Hey MNBlue, how about having your APFA post the names of all the so-called "lame-brained" voters.

I guess you are in the 'we'll get 'em next time' group that already spent their sell-out checks. 🙁
Who's running the show over at AFA? You sent ballots to people who were not a members in good standing or non memebrs? 😱
 
..."AFA will conduct a thorough and fair investigation.." Yup, you can count of a "Big" union like the AFA to do the right thing. (wink) - Any techs remember the see thru ballots at UAL?

Nope, not I... 😛
 
Nope, not I... 😛
with 50% of the people who voted yes, and MOST of the people who assumed this was over peed off at them.... I think that is why it was withdrawn. (my presumption) Guy Meek's mailbox was reported to be stuffed with love notes....
 
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