Temporary Injunction against USAPA filed today

[prechilill]

767jetz said: "Your union painted you into yet another corner."

USA320Pilot comments: I believe 767jetz is dead-on accurate with his statement above. USAPA and its members are in big trouble. Why? I have been told by a person I respect that US Airways' intent is to seek damages, which the company articulated is about $36 million and counting. Furthermore, yesterday the court permitted US Airways to file even more declarations and exhibits. Why? I understand there is still some monkey business going on.

Beautiful... I love the circus! When do the clowns come out? Where is Cleary?

 

[usfliboi]

Beautiful... I love the circus! When do the clowns come out? Where is Cleary?

It is my understanding the addtional evidence that will be presented are other crew members who were witnesses ,,,,,, You are correct that the it is still going on however its alot more professional during the briefings 🙂 Guess "father time" talked too much? 🙂

 

[Al Legheny]

quote name='usfliboi' timestamp='1312406868' post='819040']
It is my understanding the addtional evidence that will be presented are other crew members who were witnesses ,,,,,, You are correct that the it is still going on however its alot more professional during the briefings 🙂 Guess "father time" talked too much? 🙂
[/quote]


July 2005

AN INTRODUCTION TO THE RAILWAY LABOR ACT

PAUL, HASTINGS, JANOFSKY & WALKER LLP


In theory, a slowdown is enjoinable under the RLA before the parties are released, just as any other form of self help would be enjoinable while the parties are locked in the bargaining process. A good example is the injunction American Airlines
obtained against the APA sickout in 1999. American Airlines, Inc. v. Allied PilotsAssociation, 160 L.R.R.M. (BNA) 2459 (N.D. Tex. 1999), aff’d, 228 F.3d 574 (5th Cir.2000).

In practice, however, it may be difficult for management to document the existence or causes of a slowdown and to secure effective judicial relief. Texas Int’l Airlines v. ALPA, 518 F. Supp. 203, 218-19 (S.D. Tex. 1981); Long Island R.R. v.
System Federation No. 156, 289 F. Supp. 119, 125-26 (E.D.N.Y. 1968).

The EleventhCircuit held that where slowdown activity has been documented, the union has anaffirmative duty to halt the activity, even if it is a wildcat job action not instigated by theunion. Delta Air Lines, Inc. v. ALPA, 238 F.3d 1300 (11th Cir. 2001), cert denied,532 U.S. 1019 (2001).

Although a court may issue an injunction, courts repeatedly have held that the RLA does not create a right to claim damages for a union’s unlawful strike.67 If an injunction issues, and the union still does not end the strike, a court could hold a union in contempt and impose damages on that basis, as in American Airlines v. APA, 288 F.3d 574, where the court held the union in contempt and imposed $45 million in damages after APA intentionally failed to comply with a temporary restraining order against a slowdown.


After the parties have exhausted major dispute procedures, self help is lawful: the union may strike and the carrier may implement changes in rates of pay, rules and working conditions.

 

[Glucose Intolerant]

So are you saying that you are seeking to go all in......If LCC does not capitulate to your DOH & LOA 93 "demands" (because you are not bound by any tenents of your choosing from the former CBA), then you seek to permanently harm the company and ALL 32,000 US Air employees?

The only reason that there is disruption is because "you" are causing the disruption. We have been making a PROFIT (even at $100 a barrel oil). USAPA & its supporters SUCK EGGS. USAPA and its supporters will go down in the history of commercial avaition as the biggest BOONDOGGLE ever.

See you in court......seemingly perpetually.

Yes you will.

LOA 93 was a pay "FREEZE".

So by utilizing LOGIC .....Stay with me here...... "freeze" also means it can "un-freeze" or expire (on a given date) thereby no longer being "frozen".

Don't believe me? Then give ALPA National a call. Inquire about language using the term "freeze" and "frozen" regarding pay in previous contracts and rulings.
Caught up with the former ALPA Exec. V.P. and he had some interesting insight on this very subject matter......even you "uber" litigious pro-ALPA types out WEST might be surprised over previous decision(s) and rulings.

Most assuredly Parker and the rest of his "emperor's entourage" will try to manipulate or dictate Kasher's decision.....only time will tell if they're successful. Operative word in that statement is TIME.....How long has it been again?
And what exactly does "expedited" mean? If and when Kasher ever does render a decision, my prediction is that it is different from that of Isom's opinion. If by malfeasance or misguided justice the EAST pilots somehow don't prevail in this suit, We on the East will be looking for the "Integrity Matters" campaign out WEST in protest. We know how important INTEGRITY is to you.
Or is that only when it benefits YOUR position?

Also exactly how many employees worked for AWA before the merger? US Airways employed approximately 35 thousand employees the day before the merger with AWA (and YES for you delusional 'TARDS still debating it - it was a merger). There is -/+ 32,000 employees with US AIRWAYS / AWA combined. What percentage again of EAST routes is the WEST now currently flying? Bottom line - No East pilot is going to harm any of the remaining 32,000 employees or their JOBS anymore than Tempe has done so already. Quit being so !@#$%^& dumb and gullible!!!!

Any (HA)BOOB can price fares lower than SWA, and with fares so cheap that it almost ensures packed planes and high load factors, anybody can do that. That is the extent of our management's ability to come up with a viable business plan. The real trick is how to cover your operating expenses, keeping your workforce and customers happy, and loyal while still making a profit. That is where the real difficulty comes in running an airline. You know the mythical stuff Herb Kellerher talks about when he talks about his strategy at SWA - the same one Tempe dismisses as complete and utter non-sense.

This management team six years after the so-called merger, finds it easier to keep their employee's under surveillance, micro-manage, and sue an employee group in an attempt to destroy morale and careers. Although Parker's ultimate business goal was accomplished, turning a well respected legacy business airline into the worst run Schizophrenic (we don't know what we are) airline out there. Anyone remember what Lorenzo did to EAL and CAL? Parker is nothing more than a wannabe Lorenzo with a slightly different rap. If you think what is happening now can only happen on the East side, Sadly, Think again. It can and will happen even to the most "devoted and faithful AWA pom-pom squad" They are just too caught up in rhetoric to know any different. The company will continue to exploit their employee's using fear and ignorance over current economic and market conditions, and while all the propaganda and rhetoric flies back and forth, East and West, the company will continue to lower the bar even lower than that of the old AWA.

When Tempe finds a way to silence all the dissenters on the East, and finally achieves morphing US Airways into AWA, The airline will still be in the "perceived" financial crisis or what ever the fabricated "Crisis du Jour" is necessitating huge wage and benefit concessions while Parker and Co. continue to make record salaries and bonuses based on useless metrics. So drink up sheep it's getting hot out in PHX ......and I can assure you even more so in a courtroom in Charlotte.

SIX YEARS later and this train wreck keeps limping along...........in spite of Parker and his decisions. The executives have all become very wealthy while the employees have sacrificed and suffered.
Why exactly? Because the WEST is content in making far less than their industry peers or because the "recalcitrant" East is held hostage to BK contract concessions that enabled this very merger to happen?

And we get it. You and all your WEST colleagues are content and we are happy for your ignorant bliss. But just because you had an economic reprieve the past few years (you are still historically are the lowest paid in the industry and have been since day one) does not make you the poster child for labor relations or how to run an airline. I can only try to understand that warped martyr mentality, Just don't expect us to feel the same way.

If anyone takes down US Airways, it won't be the pilots or the employees - it will be this mismanagement team. You know it's funny, according to the injunction this alleged "illegal job action" is supposedly disrupting the on-time performance metric, ironically the same metric used to reward bonuses to Parker and his executive management team. So is running a SAFETY Conscious operation really impacting the airline's bottom line? Or is mechanical, weather, and ATC delays the reasons that the on-time performance metric has been impacted negatively and thereby
Mr. Parker's bonuses that have him so upset?

It is surprising how upset, difficult, and belligerent people can become when someone messes with their livelihood isn't it?

Pot meet Kettle ......and the official airline of both.


"I don't care about my employees, their retirement, or their benefits. I don't care how much they have sacrificed.........I only care about making money for myself and my shareholders" Douglas Parker
(Addressing MBA Students at Queens College in Charlotte, NC)

 

[toganoflex]

Don't know why you're arguing the case. It's already been lost. Even TP knew it was a long shot.

And LOA 93 was a pay cut, not a freeze.

And your only way to clmbing above your sub-B scale wages is through a new contract.

You guys have already given up on DOH. Now you need to embrace the fact that LOA 93 is going to be your rate for a long time.

 

[Iclubbabyseals]

You have certainly given every east pilot very good reasons to shut it down. Good for you. I guess.

You will likely die fighting DOH. Nice fight. To bad you will lose, like the 300. I will put a memorial on the side of the highway to your "sacrifice". Jesus candles, too. Lit as long as they will last. Cute.

Don't know why you're arguing the case. It's already been lost. Even TP knew it was a long shot.

And LOA 93 was a pay cut, not a freeze.

And your only way to clmbing above your sub-B scale wages is through a new contract.

You guys have already given up on DOH. Now you need to embrace the fact that LOA 93 is going to be your rate for a long time.

 

[toganoflex]

You have certainly given every east pilot very good reasons to shut it down. Good for you. I guess.

You will likely die fighting DOH. Nice fight. To bad you will lose, like the 300. I will put a memorial on the side of the highway to your "sacrifice". Jesus candles, too. Lit as long as they will last. Cute.

Thanks for the good laugh.


And we're not fighting DOH. DOH is dead and a non- factor.

You gals are fighting Nic - and losing.

Rememer, it's Nic or LOA93. Those are yourr only choices.

Suckah.

 

[Glucose Intolerant]

Thanks for the good laugh.


And we're not fighting DOH. DOH is dead and a non- factor.

You gals are fighting Nic - and losing.

Rememer, it's Nic or LOA93. Those are yourr only choices.

Suckah.

As is your choice of therapy or continued self medication.....

 

[Pi brat]

As is your choice of therapy or continued self medication.....

You know, I used to think that, now I've come to believe he just isn't right.

 

[toganoflex]

Oh man you guys are brutal.

I drink, I take meds, and now I'm not right.

And Heretic set me a message about a preference I have for "come" shots.

I am a mess.

 

[Pi brat]

Oh man you guys are brutal.

I drink, I take meds, and now I'm not right.

And Heretic set me a message about a preference I have for "come" shots.

I am a mess.

Accepting your problem is the first step. Good for you! Dismissed.

 

[nycbusdriver]

By the way, I think Kasher the Crasher will wreck the company s day very very soon. Buckle up!

I wonder if the stock crashing is the result of Wall Street insiders getting a whiff of what Kasher has planned?

 

[SparrowHawk]

You know, I used to think that, now I've come to believe he just isn't right.

Now Buford, you know the boy ain't right. Bless his heart, he's doing the best he can!

 

[toganoflex]

Accepting your problem is the first step. Good for you! Dismissed.

Thanks for the intervention.

 

[toganoflex]

I wonder if the stock crashing is the result of Wall Street insiders getting a whiff of what Kasher has planned?

G-damn old man! I crapped myself because I laughed so hard at your silly talk.

CUT IT OUT!

You're killing me over here.