I just read USAPA's Brief in Support of the Associations's Motion to Dismiss US Airways' (TRO/Preliminary Injunction) Complaint. This 86-page document is attempting to have the hearing(s) venue changed from Federal Court in Charlotte to New York City and is mostly made of accusations versus facts.
It is now abundantly clear that USAPA has taken an "all in" posture and is trying to paint US Airways as an unsafe airline, which could drive revenue away from our company. In my opinion USAPA cannot win this fight because they have alienated the FAA, IATA, US Airways management, and now the other labor groups, which is unprecedented. Using a slowdown under the guise of safety to gain contract language violates ALPA's Code of Ethics; and I believe should violate the code of ethics of every pilot.
USAPA has filed lawsuits without BPR approval, hired expensive law firms without BPR knowledge, may be using PIC money to fund the investigation, which is illegal, and is spending money it does not have in this "all in" fight that I believe threatens the existence of the union and US Airways pilot representation. USAPA is spending more money than it is taking in for dues. The union's budget has a $250,000 FY deficit, USAPA spent over $150,000 on the unbudgeted USA Today add, Mike Cleary unilaterally increased the NAC's FPL spending by over $175,000 per year when he added two line pilots (Pat Day and Manny Lopez, who have never negotiated a contract before and are untrained, two join our two rookie negotiators) to the NAC, and now we have multiple law firms representing USAPA in the DJ lawsuit, Status Quo Lawsuit, Preliminary Injunction, Permanent Injunction, and now the Temporary Restraining Order cases.
In conclusion, USAPA is fighting a battle it cannot win. Many pilots believe that they cannot get fired, they have immunity, and union protection. But, that is not the case. If a pilot receives a termination letter the Police, the District Attorney, and the Judge are all employed by the Company. If a pilot is terminated he or she should expect to go to the end of the appeal process, which is a System Board Hearing. The System Board Hearing can take 12 to 18 months to complete like it did with Jim Langenhan and during that time the pilot does not receive pay or benefits. US Airways has this tool to deal with USAPA regardless of the Court's decision. If the TRO goes against US Airways I believe management has enough information on individual pilots to terminate a significant number, this will reverberate through the pilot group, which will then cause the line pilots to stop thier alleged slowing down.
With US Airways's focus on costs the "executive suite" did not recently increase East Coast based Chief Pilot Staffing by 30% or 7 to 10 pilots if it was not serious about pilot discipline to help stop the alleged illegal job action.
Today, could be a defining moment in our career that could have worse ramifications for East Coast-based pilots than losing the DB Plan, LOA 93, and the Nicolau Award.