Interesting!
Hi, I'm from USAPA and I'm here to help you!
Receiving a Section 19 letter in the mail is certainly a stressful event. Under ALPA, pilots had access to comprehensive legal representation with strict confidentiality. One always knew that they wouldn’t have to face the company alone and be subject to unilateral discipline without due process.
But since the change in bargaining agents, many pilots, both East and West, have been reluctant to enlist the assistance of USAPA when faced with a Section 19. Their fears aren’t unfounded.
-With lawsuits flying against their own pilots, how can any pilot trust that the hearing and related information would remain confidential?
-Seham, Seham, Meltz & Peterson, PC does not have a reliable track record representing pilots. In fact, many of the firm’s cases have been on behalf of airline management.
-How can East ALPA supporters and West pilots expect fair and impartial representation?
-USAPA is seeking the termination of both East and West pilots through expedited and unprecedented enforcement of Section 29 of both CBA's.
The list is endless, but in a weird twist of irony, many pilots are finding better Section 19 outcomes without using USAPA.
But as usual, telling USAPA no is not an easy task. We have numerous reports of pilots arriving at their hearings only to be met, unannounced, with a pilot representative of the Association. In violation of Federal Labor Law and both collective bargaining agreements, they are trying to force themselves into the hearings.
Just so there is no misunderstanding that you are under no obligation to allow a USAPA representative access to your hearing, we’ve reprinted the applicable sections from both CBA’s below:
From the East:
Section 19.B.2
Prior to such investigation and hearing, such pilot shall be notified in writing by the Company of the precise charge or charges against him. He may, however, be held out of service by the Company pending such investigation and hearing. He shall be given the necessary time not exceeding twelve (12) days in which to prepare his defense and secure the presence of witnesses and shall have the right to be represented by an employee of the Company of his choice or by his duly accredited representative(s).
From the West:
Section 18.A
Except as otherwise provided in Section 21, a Pilot shall have the right to be
represented at any Company hearing or investigation by an Association
representative (including Association attorneys) or another Pilot on the America
West Airlines Pilots’ System Seniority List with the approval of the Association,
provided the Company has been notified in writing. It is the intention of the
parties that hearings and investigations are to be conducted informally whenever
possible.
----Note: USAPA has denied all requests for America West pilots to be represented by anyone but the Association.
In summary, you are not required to use USAPA in a Section 19 hearing, whether you are East or West.
