They can't even negotiate crew meals....much less parity, a raise, vacation, LTD, scheduling, scope, etc..etc..etc..
US Pilots Labor Discussion
- Thread starter Richard
- Start date
- Status
They can't even negotiate crew meals....much less parity, a raise, vacation, LTD, scheduling, scope, etc..etc..etc..
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
BPR Meeting Recap - Day 4: October 26. 2011
The Fall BPR Meeting of the Board of Pilot Representatives reconvened on October 25 at the Crowne Plaza Charlotte Uptown, located at 201 South McDowell St., Charlotte, NC.
President Cleary called the meeting to order at approximately 0945 ET and resumed his President's report.
President's Report
President Cleary discussed the Declaratory Judgment and the Order Setting the Scheduling Conference issued by Judge Silver on October 12, 2011. This Order (available in the Legal Library on the USAPA website) states a Scheduling Conference is set for Thursday, December 1, 2011, at 10:00 a.m., at the Sandra Day O'Connor U.S. Courthouse, 401 West Washington, Phoenix, AZ.
Given the timeline established by Judge Silver, President Cleary expressed the need for the Board to determine which firm will lead litigation going forward in the Declaratory Judgment case. Initial discussion focused on the stated schedule in the Order, as well as the lack of cooperation of the Seham Law Firm in the billing audit. After providing their input, the PHX Reps recommended that they remove themselves from the discussion. With the concurrence of the PHX Representatives, the discussion then entered Executive Session to discuss legal strategies.
Returning to Open Session, and with the PHX Reps back in attendance, the Board voted 8-0-3 (PHX abstention) to approve that the law firm O'Dwyer and Bernstien, and Pat Szymanski,to represent USAPA in the pending Declaratory Judgment.
Legal Billing Policy - President Cleary submitted a resolution to the Board, developed in coordination with the legal team, Officers, and staff to develop a document for modifying the Union Operating Manual (UOM) to include a legal billing policy. The resolution was approved unanimously.
Vice President's (VP) Report - Randy Mowrey
VP Mowrey updated the Board on the West Efficiency Recovery Program (ERP). PHX-based pilot Johan De Vicq, has proved to be a valuable resource in working to determine if a payout will be coming to the West pilots. Further information will be provided as it becomes available.
VP Mowrey also briefed the Board of his conversation with Ed Bular in which Captain Mowrey pledged USAPA's efforts, along with the other labor unions, to support US Airways as they fight the proposal from the White House that would raise federal taxes and fees on the airline industry and its customers to reduce the deficit.
Secretary-Treasurer's (S-T) Report - Rob Streble
- New member applications approved
- Financial overview of the Association
- Additional Section 29 letters going out this week
- The Board was briefed on the Association's non-profit tax return, which will result in substantial tax savings.
Executive Vice President Gary Hummel was not available to give his report, so the Board moved on to Old Business.
Old Business
Video broadcast of BPR meetings - The Board continued an ongoing discussion regarding video broadcast of meetings. A variety of issues and technical concerns was discussed. The Board agreed to continue the discussion at a later date and no action was taken.
CLT Resolution - A resolution was passed at the September 4, 2011 CLT Domicile Meeting regarding Section 10 of our Contract, addressing the possibility of allowing pilots on sick or long term disability to be hired into the US Airways Training Department. The resolution sought, in part, that the BPR direct the Negotiating Advisory Committee to cost out and report back to the Board the values calculated and benefits derived. Following discussion, including input from USAPA Legal regarding possible negative consequences of the proposal, the BPR voted against the resolution.
Agenda Item 25. Resolution to prohibit deficit spending. Withdrawn
Agenda Item 28. Communications Specialist Courtney Paquette Employment Agreement. Approved.
Agenda Item 4b. Bereavement financial donations in lieu of flowers. Approved unanimously.
Previous meeting minutes submitted by Secretary-Treasurer. Approved unanimously.
Agenda Item 23 - President Mike Cleary brought a resolution to the Board that would officially drop the RICO litigation. President Cleary asked the Board to approve the resolution in the interest of putting our past battles behind us so that we can continue to find common ground in our efforts to build unity. All Reps spoke in favor of the resolution and all voted in favor with the exception of the three PHX Reps who, although they spoke in favor of the resolution, did not feel it was appropriate for them to vote on it, and so abstained.
During the previous session, the UOM Committee presented to the Board its proposal for changes and updates to the UOM. These changes were approved unanimously by the Board and were reported to the pilots; however, the reasons for the suggested changes were inadvertently omitted. The previously reported changes along with the reasons for the changes follow:
* Added language defining when committee reports are due. (This done for logistical purposes)
* Added language requiring Board Members to submit an Agenda Item or Resolution form when adding an Agenda Item to Regular and Special meetings. (This done for planning and preparation purposes for BPR and Officers)
* Added language allowing text messaging in lieu of phone calls for notification to BPR of Special Meeting. (Changed for expediency)
* Struck language prohibiting USAPA Officers, Representatives, Committee Members and/or staff persons from using their USAPA titles in campaign material during elections. (Changed based on the recommendation by the Ballot Certification Committee)
* Added the requirement for the following language to be included in standard USAPA contracts: "Service(s) covered by this consulting agreement is (are) authorized by the Board of Pilot Representatives and performed under the direction and control of the President and (insert appropriate Committee Chairman or responsible individual)." (Added for clarity and consistency)
* Merged the Furlough Committee and the Membership Services Committee (Merged committees as a result of furloughed pilots return)
* Raised the maximum number of members on the Negotiating Advisory Committee from three to five members. (Changed to reflect additional NAC members)
* Established the RSP Investment Committee and a summary of duties. (Added at the request of R and I Committee)
* Added a summary of Bereavement Committee duties. (Added at the request of the UOM Committee because it was missing)
The meeting recessed at approximately 1715 ET, and reconvened this morning, October 26, at 0900 ET at the Crowne Plaza Charlotte Uptown, 201 South McDowell, Charlotte, NC. An update of today's proceeding will be distributed as soon as possible following recess or adjournment.
The Fall BPR Meeting of the Board of Pilot Representatives reconvened on October 25 at the Crowne Plaza Charlotte Uptown, located at 201 South McDowell St., Charlotte, NC.
President Cleary called the meeting to order at approximately 0945 ET and resumed his President's report.
President's Report
President Cleary discussed the Declaratory Judgment and the Order Setting the Scheduling Conference issued by Judge Silver on October 12, 2011. This Order (available in the Legal Library on the USAPA website) states a Scheduling Conference is set for Thursday, December 1, 2011, at 10:00 a.m., at the Sandra Day O'Connor U.S. Courthouse, 401 West Washington, Phoenix, AZ.
Given the timeline established by Judge Silver, President Cleary expressed the need for the Board to determine which firm will lead litigation going forward in the Declaratory Judgment case. Initial discussion focused on the stated schedule in the Order, as well as the lack of cooperation of the Seham Law Firm in the billing audit. After providing their input, the PHX Reps recommended that they remove themselves from the discussion. With the concurrence of the PHX Representatives, the discussion then entered Executive Session to discuss legal strategies.
Returning to Open Session, and with the PHX Reps back in attendance, the Board voted 8-0-3 (PHX abstention) to approve that the law firm O'Dwyer and Bernstien, and Pat Szymanski,to represent USAPA in the pending Declaratory Judgment.
Legal Billing Policy - President Cleary submitted a resolution to the Board, developed in coordination with the legal team, Officers, and staff to develop a document for modifying the Union Operating Manual (UOM) to include a legal billing policy. The resolution was approved unanimously.
Vice President's (VP) Report - Randy Mowrey
VP Mowrey updated the Board on the West Efficiency Recovery Program (ERP). PHX-based pilot Johan De Vicq, has proved to be a valuable resource in working to determine if a payout will be coming to the West pilots. Further information will be provided as it becomes available.
VP Mowrey also briefed the Board of his conversation with Ed Bular in which Captain Mowrey pledged USAPA's efforts, along with the other labor unions, to support US Airways as they fight the proposal from the White House that would raise federal taxes and fees on the airline industry and its customers to reduce the deficit.
Secretary-Treasurer's (S-T) Report - Rob Streble
- New member applications approved
- Financial overview of the Association
- Additional Section 29 letters going out this week
- The Board was briefed on the Association's non-profit tax return, which will result in substantial tax savings.
Executive Vice President Gary Hummel was not available to give his report, so the Board moved on to Old Business.
Old Business
Video broadcast of BPR meetings - The Board continued an ongoing discussion regarding video broadcast of meetings. A variety of issues and technical concerns was discussed. The Board agreed to continue the discussion at a later date and no action was taken.
CLT Resolution - A resolution was passed at the September 4, 2011 CLT Domicile Meeting regarding Section 10 of our Contract, addressing the possibility of allowing pilots on sick or long term disability to be hired into the US Airways Training Department. The resolution sought, in part, that the BPR direct the Negotiating Advisory Committee to cost out and report back to the Board the values calculated and benefits derived. Following discussion, including input from USAPA Legal regarding possible negative consequences of the proposal, the BPR voted against the resolution.
Agenda Item 25. Resolution to prohibit deficit spending. Withdrawn
Agenda Item 28. Communications Specialist Courtney Paquette Employment Agreement. Approved.
Agenda Item 4b. Bereavement financial donations in lieu of flowers. Approved unanimously.
Previous meeting minutes submitted by Secretary-Treasurer. Approved unanimously.
Agenda Item 23 - President Mike Cleary brought a resolution to the Board that would officially drop the RICO litigation. President Cleary asked the Board to approve the resolution in the interest of putting our past battles behind us so that we can continue to find common ground in our efforts to build unity. All Reps spoke in favor of the resolution and all voted in favor with the exception of the three PHX Reps who, although they spoke in favor of the resolution, did not feel it was appropriate for them to vote on it, and so abstained.
During the previous session, the UOM Committee presented to the Board its proposal for changes and updates to the UOM. These changes were approved unanimously by the Board and were reported to the pilots; however, the reasons for the suggested changes were inadvertently omitted. The previously reported changes along with the reasons for the changes follow:
* Added language defining when committee reports are due. (This done for logistical purposes)
* Added language requiring Board Members to submit an Agenda Item or Resolution form when adding an Agenda Item to Regular and Special meetings. (This done for planning and preparation purposes for BPR and Officers)
* Added language allowing text messaging in lieu of phone calls for notification to BPR of Special Meeting. (Changed for expediency)
* Struck language prohibiting USAPA Officers, Representatives, Committee Members and/or staff persons from using their USAPA titles in campaign material during elections. (Changed based on the recommendation by the Ballot Certification Committee)
* Added the requirement for the following language to be included in standard USAPA contracts: "Service(s) covered by this consulting agreement is (are) authorized by the Board of Pilot Representatives and performed under the direction and control of the President and (insert appropriate Committee Chairman or responsible individual)." (Added for clarity and consistency)
* Merged the Furlough Committee and the Membership Services Committee (Merged committees as a result of furloughed pilots return)
* Raised the maximum number of members on the Negotiating Advisory Committee from three to five members. (Changed to reflect additional NAC members)
* Established the RSP Investment Committee and a summary of duties. (Added at the request of R and I Committee)
* Added a summary of Bereavement Committee duties. (Added at the request of the UOM Committee because it was missing)
The meeting recessed at approximately 1715 ET, and reconvened this morning, October 26, at 0900 ET at the Crowne Plaza Charlotte Uptown, 201 South McDowell, Charlotte, NC. An update of today's proceeding will be distributed as soon as possible following recess or adjournment.
Phoenix
Veteran
- Joined
- Apr 16, 2003
- Messages
- 8,584
- Reaction score
- 7,430
The executive summary was helpful.
Your gallant pursuit of my approval is quaint, yet somewhat obsequious.
Res Judicata
Veteran
Wonderful. Gee, I wonder why the BPR felt the need to REMOVE the prohibition on DEFICIT SPENDING? Looks the Union that was supposed cost the membership half as much as ALPA now not only cost as much, it seems they are well on their way to accruing massive debt that will be paid by membership assessments.
the best part is in the end they will have absolutely nothing to show for it .
the best part is in the end they will have absolutely nothing to show for it .
USAPA just dumped the "Seniority is like crew meals" architect:
"Pursuant to Rule 83.3(B) of the Local Rules of Civil Procedure, Defendant/
Counter Claimant US Airlines Pilots Association (“USAPA”) hereby requests the Court
to enter an Order substituting Susan Martin and Jennifer Kroll of the law firm of Martin
& Bonnett, P.L.L.C. for the following attorneys for Defendant/Counter Claimant
USAPA: Lee Seham, Lucas K. Middlebrook, George Diamantopolous,
Case 2:10-cv-01570-ROS Document 118 Filed 10/26/11 Page 1 of 4
Nicholas Paul Granath and Stanley J. Silverstone of Seham Seham Meltz & Peterson LLP
and Stanley Lubin and Nicholas J. Enoch of Lubin & Enoch PC."
"Pursuant to Rule 83.3(B) of the Local Rules of Civil Procedure, Defendant/
Counter Claimant US Airlines Pilots Association (“USAPA”) hereby requests the Court
to enter an Order substituting Susan Martin and Jennifer Kroll of the law firm of Martin
& Bonnett, P.L.L.C. for the following attorneys for Defendant/Counter Claimant
USAPA: Lee Seham, Lucas K. Middlebrook, George Diamantopolous,
Case 2:10-cv-01570-ROS Document 118 Filed 10/26/11 Page 1 of 4
Nicholas Paul Granath and Stanley J. Silverstone of Seham Seham Meltz & Peterson LLP
and Stanley Lubin and Nicholas J. Enoch of Lubin & Enoch PC."
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
Unbiased Facts Update (USAPA Has No Working Relationship With Management): October 26, 2011
Dear Subscriber,
Update for October 26, 2011
Quick Fact #202: Scott Kirby said USAPA has no "working relationship" with management. Will this revelation help USAPA's efforts to provide the pilots a new contract? How long should the pilots wait to hold USAPA accountable for not providing its members with an improved contract with better pay, benefits, and retirement?
Link to Article
Recent Quick Fact Updates
Website
Fraternally,
webadmin@unbiasedfacts.org
Share The Facts! We encourage you to forward this email to friends who want to know what's really going on with USAPA.
To subscribe, send a reply message with subscribe in the subject line.
To unsubscribe send a reply message with unsubscribe.
Dear Subscriber,
Update for October 26, 2011
Quick Fact #202: Scott Kirby said USAPA has no "working relationship" with management. Will this revelation help USAPA's efforts to provide the pilots a new contract? How long should the pilots wait to hold USAPA accountable for not providing its members with an improved contract with better pay, benefits, and retirement?
Link to Article
Recent Quick Fact Updates
Website
Fraternally,
webadmin@unbiasedfacts.org
Share The Facts! We encourage you to forward this email to friends who want to know what's really going on with USAPA.
To subscribe, send a reply message with subscribe in the subject line.
To unsubscribe send a reply message with unsubscribe.
Move2CLT
Veteran
- Joined
- Aug 17, 2011
- Messages
- 6,048
- Reaction score
- 8,631
Seham gone and USAPA looking to the IBT for an exit strategy. No where near a contract. DOH is dead, and still living under LOA93.
East is living the dream.
aquagreen73s
Veteran
- Joined
- Aug 22, 2005
- Messages
- 1,979
- Reaction score
- 1,877
Dammit you beat me to it! 😀
Here is the best part, at the bottom of page 2:
Dated: October 26, 2011
On behalf of Defendant US Airlines Pilots Association:
______________________________________
Captain Michael J. Cleary
President
US Airline Pilots Association
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
Today USAPA and Michael Cleary on behalf of Defendant US Airlines Pilots Association filed an Application for Substitution of Counsel for Defendant/Counter Claimant US Airline Pilots Association in U.S. District Court to replace Lee Seham's firm as the union's General Counsel with Susan Martin and Jennifer Kroll of the law firm of Martin & Bonnett.
Click here to read the application and click here to read the proposed order.
This is the fifth new law firm to represent USAPA in its multiple lawsuits (RICO, Addington, Status Quo, TRO/Preliminary Injunction, and DJ lawsuit).
Click here to read the application and click here to read the proposed order.
This is the fifth new law firm to represent USAPA in its multiple lawsuits (RICO, Addington, Status Quo, TRO/Preliminary Injunction, and DJ lawsuit).
What a surprise.
I bet the first thing the scabs do is ask judge Silver for more time....having to get their new legal team up to speed will be the latest excuse for their continuing DFR failure against the West.
On a side note..which lawfirm/attorney wrote the smoking gun letter to Bradford telling him not to let anybody know his intentions were to form a union to avoid a binding arbitration and cause harm to the West?
nycbusdriver
Veteran
Filled?
I counted six.
Is there any communication for Res Judicata that is exaggerated drama files with B.S.?!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
aquagreen73s
Veteran
- Joined
- Aug 22, 2005
- Messages
- 1,979
- Reaction score
- 1,877
Come on guys, it's not a trick question . . . luvthe9? Hate2fly? BlackSwan? Let's go! Hands up!
Hold the phone.....what was Seeham's underlings name that Mowery had relations with?
Either of these two ladies??
aquagreen73s
Veteran
- Joined
- Aug 22, 2005
- Messages
- 1,979
- Reaction score
- 1,877
No. They actually seem to have some decent credentials:
Susan J. Martin
Phoenix, Arizona
Principal
phone (602) 240-6900
fax (602) 240-2345
Susan Martin is a principal in the firm of Martin & Bonnett in Phoenix, Arizona. She received her law degree from New York University School of Law. She is admitted to the bar in the states of New York and Arizona. Ms. Martin is also admitted to and has appeared before federal trial and appellate courts in Wisconsin, Illinois, Connecticut, Pennsylvania, California and Washington, D.C., in a wide variety of cases in labor, employment, pension and employee benefits law including numerous complex class action litigation cases involving retirement and health benefits under the Employee Retirement Income Security Act of 1974 and discrimination under federal civil rights laws.
Prior to moving to Phoenix, Ms. Martin was a partner with the employee/union-side labor law firm of Sipser, Weinstock, Harper & Dorn in Manhattan and practiced there for fifteen years. After moving to Phoenix, she formed the law firm of Martin & Bonnett, PLLC with Daniel L. Bonnett, an experienced trial attorney. The firm concentrates in the areas of labor law, employment law and employee benefits law.
Ms. Martin has served as counsel for numerous labor/management pension and welfare funds in a wide variety of industries and geographic locations. She has also represented a wide variety of labor unions, both blue collar and professional, public and private sector, including school principals, physicians, attorneys, health care professionals, social workers, detention and probation officers, truck drivers, auto workers and municipal, county and state employees. Ms. Martin is counsel and lead negotiator for the musicians in numerous symphony orchestras across the country. Ms. Martin also represents groups and individuals in litigation in such areas as pension and employee benefits, sexual harassment, age, race and disability discrimination and wrongful termination.
Ms. Martin has taught and lectured extensively on ERISA and labor and employment law and has been active in the American Bar Association and the National Employment Lawyers Association. She is currently the Union Employee Co-Chair of the ABA Employee Rights & Responsibilities Committee of the ABA Labor & Employment Law Section.
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
Leonidas Update: October 26, 2011
Today, USAPA filed a motion in Judge Silvers court to have Lee Seham replaced as the attorney of record for USAPA. Doc. 118 is the motion itself and attached to it is Doc. 118-1, which is the proposed order. All the proposed order does is alleviate the judge from having to write the order from scratch. Usually they are required by the local rules of court, which is the case here. You can download both of these docs here.
Remember that November 11th is our meet and greet with the attorneys. This will be your chance to ask Marty, Andy, Katie and Kelly whatever you want concerning the litigation that affects your career.
That is all for now. Please remember that justice isnt free.
Sincerely,
Leonidas, LLC
www.cactuspilot.com
Today, USAPA filed a motion in Judge Silvers court to have Lee Seham replaced as the attorney of record for USAPA. Doc. 118 is the motion itself and attached to it is Doc. 118-1, which is the proposed order. All the proposed order does is alleviate the judge from having to write the order from scratch. Usually they are required by the local rules of court, which is the case here. You can download both of these docs here.
Remember that November 11th is our meet and greet with the attorneys. This will be your chance to ask Marty, Andy, Katie and Kelly whatever you want concerning the litigation that affects your career.
That is all for now. Please remember that justice isnt free.
Sincerely,
Leonidas, LLC
www.cactuspilot.com
- Status
Similar threads
- Locked
