Temporary Injunction against USAPA filed today

[NoYellowNeck]

So what do we do while we wait for his reply?

 

[Pi brat]

So what do we do while we wait for his reply?

He'll call me at home shortly.

 

[NoYellowNeck]

I'm bored.

What else is new with you?

He call yet?

 

[Pi brat]

I'm bored.

What else is new with you?

He call yet?

No, he was flying. Shhh, I have F. Lee Bailey's cousin's niece's butler on the phone and I'm getting an opinion. Just wait up and I will get back to you.

 

[NoYellowNeck]

Yep. I'll try.

Hey, what's that warn status bar over there on the left.

I thought that was for swearing.

 

[Pi brat]

Yep. I'll try.

Hey, what's that warn status bar over there on the left.

I thought that was for swearing.

Not sure what sure what you are talking about, I don't have that. I only have a bar that says Great Guy, and it's pegged. 🙄

 

[CallawayGolf]

Another insightful post. How about you, do you think a judge should tell us we can't write up maint. discrepancies?

No; the judge will not tell individual pilots what they can or cannot do. The judge will review the evidence and will likely rule that the spikes clearly shown by the company's data which began on May 1, 2011 constitutes an illegal work action. Then, an injunction will be imposed on USAPA who will be compelled by the same to take every reasonable and good faith action to bring the delays and write-ups back in line with historical averages. If USAPA fails to comply with the injunction, fines, paid by east assessments, will follow.

The court will have no opinion as to what an individual pilot may or may not do. If an injunction is granted, it will be all about how much leadership and influence USAPA has to return operations to "normal". If USAPA can't manage the post-injunction pilot behaviors, then individual pilots will pay with either their terminations or by ever-increasing fines and penalties. It's a fine mess USAPA has gotten itself into, and if you are truly innocent of the illegal actions identified by Management, then you better hope USAPA can actually prove to the courts that it is doing it's job or you can and likely will be personally affected. I would classify that as the law of unintended consequences for tacitly supporting USAPA rather than demanding the CBA honor its all of its lawful duties and obligations to the pilots and to the company.

 

[Pi brat]

No; the judge will not tell individual pilots what they can or cannot do. The judge will review the evidence and will likely rule that the spikes clearly shown by the company's data which began on May 1, 2011 constitutes an illegal work action. Then, an injunction will be imposed on USAPA who will be compelled by the same to take every reasonable and good faith action to bring the delays and write-ups back in line with historical averages. If USAPA fails to comply with the injunction, fines, paid by east assessments, will follow.

The court will have no opinion as to what an individual pilot may or may not do. If an injunction is granted, it will be all about how much leadership and influence USAPA has to return operations to "normal". If USAPA can't manage the post-injunction pilot behaviors, then individual pilots will pay with either their terminations or by ever-increasing fines and penalties. It's a fine mess USAPA has gotten itself into, and if you are truly innocent of the illegal actions identified by Management, then you better hope USAPA can actually prove to the courts that it is doing it's job or you can and likely will be personally affected. I would classify that as the law of unintended consequences for tacitly supporting USAPA rather than demanding the CBA honor its all of its lawful duties and obligations to the pilots and to the company.

So, do you think it was a good thing for the company to ask the court for us to not make mech write-ups?

I thought the graph showing west pilots write-ups trending down was interesting. I guess it could be because of the average age of the fleet trending down. Or something else?

 

[cactusboy53]

No; the judge will not tell individual pilots what they can or cannot do. The judge will review the evidence and will likely rule that the spikes clearly shown by the company's data which began on May 1, 2011 constitutes an illegal work action. Then, an injunction will be imposed on USAPA who will be compelled by the same to take every reasonable and good faith action to bring the delays and write-ups back in line with historical averages. If USAPA fails to comply with the injunction, fines, paid by east assessments, will follow.

The court will have no opinion as to what an individual pilot may or may not do. If an injunction is granted, it will be all about how much leadership and influence USAPA has to return operations to "normal". If USAPA can't manage the post-injunction pilot behaviors, then individual pilots will pay with either their terminations or by ever-increasing fines and penalties. It's a fine mess USAPA has gotten itself into, and if you are truly innocent of the illegal actions identified by Management, then you better hope USAPA can actually prove to the courts that it is doing it's job or you can and likely will be personally affected. I would classify that as the law of unintended consequences for tacitly supporting USAPA rather than demanding the CBA honor its all of its lawful duties and obligations to the pilots and to the company.

Now THAT was a concise and educated response. It was both reasonable AND factual.

 

[CallawayGolf]

So, do you think it was a good thing for the company to ask the court for us to not make mech write ups?

Do you really think the company is asking the courts and USAPA to prevent pilots from doing legitimate mech write ups or do you think they have rather identified an anomalous spike in mech write ups that coincide with the other illegal job actions that began also began on May 1, 2011? I believe the latter is the case and I therefore support the company's request to have the east operations return to it's pre-May status quo metrics. So, unless you think east MX is setting the east pilots up for failure, there will be no safety impact of seeking a return to the status quo unless we happen to have a suicidal pilot who thinks taking one for the USAPA team is a good idea.

 

[Claxon]

Who would sit down with Parker? The NAC? Do you think that we can get separate contracts too? No separate ops means LOA 93 and C04 for us. Accept the Nicolau or accept LOA 93. It is that simple. That is our separate ops. I am good on C04 until you decide to accept the Nicolau. Are you willing to retire on LOA 93?

Do not combine with the western pilots. They say they will agree and work with you and bury the hatchet if you take the Niclou. They will bury the hatchet in your back first chance. Look at the posts here, they are never to be trusted. Mark my words. You will regret the day you join forces with Franke Air shock troopers. They are lying now, saying all kinds of things about you slowing down now. They will always work with western management to your detriment. You have seen the warning signs. Heed them.

 

[Pi brat]

Do you really think the company is asking the courts and USAPA to prevent pilots from doing legitimate mech write ups or do you think they have rather identified an anomalous spike in mech write ups that coincide with the other illegal job actions that began also began on May 1, 2011? I believe the latter is the case and I therefore support the company's request to have the east operations return to it's pre-May status quo metrics. So, unless you think east MX is setting the east pilots up for failure, there will be no safety impact of seeking a return to the status quo unless we happen to have a suicidal pilot who thinks taking one for the USAPA team is a good idea.

I only know what I read:

"2. That this Court further order that the Defendants take all reasonable steps within
their power to prevent the aforesaid actions and to refrain from continuing the aforesaid actions
if commenced, including, but not limited to, the following:
a. Instructing all pilots represented by Defendant USAPA and employed by
Plaintiff to resume their normal working schedule and practices and
providing Plaintiff a copy of all such instructions;
b. Notifying all pilots represented by Defendant USAPA and employed by
Plaintiff, by the most expeditious means possible, of the issuance,
contents, and meaning of this Preliminary Injunction and providing
Plaintiff a copy of all such notices;
c. Including in such notice a directive from USAPA to US Airways’ pilots
not to engage in a concerted refusal to perform normal pilot operations,
including but not limited to, slow taxiing, writing up maintenance items,
calling in fatigued, delaying flights, refusing to answer a call from the
scheduling, refusing to fly an aircraft that meets legal requirements for
flight, or refusing to accept voluntary or overtime flying, and to cease and
desist all such activity and to cease and desist all exhortations or
communications encouraging same, upon pain of fine, suspension, or other
sanction by USAPA;"

That doesn't say "little bitty" write-ups, or the "we think they are ok problems, even though we are not mechanics" write-ups, does it? Did you see any evidence in the study that what was written up was not actually broken? Do you have a different FOM that lists things that can be broken and not entered into the FDML or CML?

I think guys carried too much and it stopped. Going back to something that was not right in the first place is not a good idea, and I can't believe the company worded it the way they did. I can see them taking on the taxi times, over block, sick calls, etc., but I wouldn't touch the write up thing. But, hey, I'm just a worker.

 

[cactusboy53]

Do not combine with the western pilots. They say they will agree and work with you and bury the hatchet if you take the Niclou. They will bury the hatchet in your back first chance. Look at the posts here, they are never to be trusted. Mark my words. You will regret the day you join forces with Franke Air shock troopers.

Sum/Nos/Clax;
Such ugly ranting. The west pilots were simply FORCED into defending our position. The hatchet in out backs comes from those that chose not to accept a final & binding seniority integration.

Get back under that bridge troll, where you belong. 🙂

 

[CallawayGolf]

I only know what I read:

"2. That this Court further order that the Defendants take all reasonable steps within
their power to prevent the aforesaid actions and to refrain from continuing the aforesaid actions
if commenced, including, but not limited to, the following:
a. Instructing all pilots represented by Defendant USAPA and employed by
Plaintiff to resume their normal working schedule and practices and
providing Plaintiff a copy of all such instructions;
b. Notifying all pilots represented by Defendant USAPA and employed by
Plaintiff, by the most expeditious means possible, of the issuance,
contents, and meaning of this Preliminary Injunction and providing
Plaintiff a copy of all such notices;
c. Including in such notice a directive from USAPA to US Airways’ pilots
not to engage in a concerted refusal to perform normal pilot operations,
including but not limited to, slow taxiing, writing up maintenance items,
calling in fatigued, delaying flights, refusing to answer a call from the
scheduling, refusing to fly an aircraft that meets legal requirements for
flight, or refusing to accept voluntary or overtime flying, and to cease and
desist all such activity and to cease and desist all exhortations or
communications encouraging same, upon pain of fine, suspension, or other
sanction by USAPA;"

That doesn't say "little bitty" write-ups, or the "we think they are ok problems, even though we are not mechanics" write-ups, does it?

I think guys carried too much and it stopped. Going back to something that was not right in the first place is not a good idea, and I can believe the company worded it the way they did. I can see them taking on the taxi times, over block, sick calls, etc., but I wouldn't touch the write up thing. But, hey, I'm just a worker.

Well, if you are correct, then this would be another unintended consequence of USAPA engaging in an illegal work action related to safety. That is, USAPA foolishly enjoined safety topics to a work slowdown campaign rather than working to resolved genuine safety concerns that I'm sure Management would have cooperated in seeing it corrected. Instead, USAPA lost its voice over a true safety issue, as you describe it, and recklessly used that along with other slowdown tactics which has landed them in court with a high probability of having an injunction issued which will prevent them from bifurcating true safety issues from their illegal negotiating strategy. Well done USAPA.

Do you really expect the company to identify multiple, simultaneous spikes in operational statistics and then not include all of their data in their request for injunctive relief, especially when all of the activity is centered on east operations, particularly CLT?

 

[Pi brat]

If I were Cleary I'd issue something like this today:


To all US Airways pilots,

US Airways has conducted a study of our airlines operations and that study shows a significant decrease in certain metrics since May 2011. I should not have to remind you that we are currently under the status quo rules and any action on your part that would violate those provisions would be ILLEGAL. To the specific points in the company's claims, I an directing you to:

1) Not call in sick if you are not indeed sick and/or unless you do not meet the requirements for reporting for duty listed in the FOM.
2) Do not falsely enter into the FDML or CML a discrepancy that is not valid.
3) Do not taxi at a speed that you know is less than safe for conditions.
4) Do not call in fatigued if you are well rested
5) At all time operate your aircraft as directed by the FOM with the priorities of:
-safety
-passenger comfort
-schedule
-efficiency


In general, continue to do the superior job that you have done since 2005, despite being the lowest paid and lowest appreciated pilots in the industry.