Joint PHL/CLT Update: January 3, 2012
Fellow Pilots --
Disclaimer: This update has been severely curtailed and delayed because of an interpretation of federal law related to using union resources to communicate during a campaign. Federal law prohibits the use of union resources to support or oppose any candidate in an internal union election. Precedent under this provision of the law requires that, during a union election, comments in union publications (such as this domicile update) must refrain from subjective statements and must confine themselves to purely objective comments about individuals who may be running for election. While we understand that the election is not yet under way, and that no candidates have been officially nominated, the restriction begins to apply when individuals make it known that they are running for office. We have been informed by the Ballot Certification Committee that the restrictions now apply. We will, therefore, communicate only what we are allowed to under these current restrictions.
The BPR conducted a meeting via conference call on Thursday, December 29, with two agenda items:
Strategy discussion regarding US Airways v USAPA (CLT court action)
Action regarding alleged breaches of confidentiality, duties, responsibilities and fiduciary obligations to USAPA by EVP Hummel.
The first item was handled quickly after hearing from our legal team, and the BPR voted unanimously to approve a strategy and course of action that we will make public as soon as it has been executed. In essence, the strategy is to find a settlement with the Company on the CLT court action so that we can put this chapter behind us and focus on the contract.
This will, in effect, conclude the legal proceedings related to the injunction, saving the Association a great deal of money and allowing us to concentrate our efforts on moving forward. While the court's findings are disappointing, and we disagree with them, there is simply no value in litigating this issue further. We weren't violating the RLA then, and we are not in violation now. Attorneys Brian O'Dwyer and Pat Szymanski both recommended the settlement.
One Down, but One to Go
Our second agenda item was not completed primarily because of objections by DCA Vice Chairman Pete Dugstad, who didn't want to discuss the issues surrounding EVP Gary Hummel. Dugstad objected based on the fact that EVP Hummel was absent from the conference call, something that came as a complete surprise to at least the five signatories below. We pressed the issue and felt strongly that these issues needed to be discussed because they have potentially placed the Association at risk, but in the end we were unable to accomplish any protective action and spent the time discussing Dugstad's objections.
Prior to the meeting, we received a report from the Ad Hoc Committee charged with investigating the allegations concerning so-called "phantom" emails about Lee Seham that were sent to members of his firm. The committee concluded that there is "insufficient data...to prove with any certainty" that the emails were sent by Capt. Mowrey.
In particular, the committee also reported "NO record exists, anywhere, of the 'offensive' email supposedly sent on the 4th of September, which includes header and meta data. Attorney Nick Granath volunteered that the Seeham Firm had 'lost' the original email somewhere in their files and that it 'could not be recovered.'" We hope you find this as curious as we do: Seham has mysteriously "lost" half of the emails he used as "evidence" to file (and quickly withdraw) a federal lawsuit against Jane Doe. Surely, there must be more to that story.
Our comment on this situation, again, is limited by Department of Labor rules. What you need to know is that we are very suspicious of the behavior surrounding the allegations of the offending "emails." The evidence is now either missing or inconclusive, and the one constant is that Seham has indicated that the whole issue will disappear if only we stop the audit of his bills. Please don't pass judgment or draw conclusions based on allegations; there is much more to the story than the irresponsible finger-pointing that has occurred.
Voting: Some Welcome Relief
We have received numerous requests that we publish the voting tallies from these meetings in a timely manner. As requested, here are the votes:
Motion to amend agenda to include an additional agenda item (2/3 MAJORITY REQUIRED)
CLT: No, No, No
DCA: Yes, Yes
PHL: No, Yes (Weidner), No
PHX: Yes, Yes, Yes
Motion fails 6-5
Motion to approve the agenda as published
CLT: Yes, Yes, Yes
DCA: Yes (Stein), No (Dugstad)
PHL: Yes, Yes, Yes
PHX: No, No, Yes (Velez)
Motion passes 8-3
Resolution for a prompt conclusion to US Airways v USAPA in the Federal District Court WDNC
Motion passes unanimously
Committee Appointments:
Approved Chris Filler to Communications Vice Chairman (7-3-1...PHX all NO, Dugstad Abstains.)
Approved Archie Turnbull and Mark Murphy to HIMS Committee (Unanimously)
Approved Ignatio Lavineta to Training Committee (Unanimously)
Approved Ken Meadors and Don Underwood to Co-Chairmen of Safety Committee (Unanimously)
Approved Todd Fieser to Communications Chairman (6-3-2...PHX all NO, Stein and Dugstad Abstain.)
Approved Chris Fillar to Full-Time FPL with stipend (9-1-1...PHX had one NO, one YES, and one Abstention.)
Approved Courtney Borman to P4P Chairman and Glenn Kunkel to P4P Vice Chairman (8-3...PHX all NO)
Motion to approve New Members during Secretary-Treasurer Report: Passed Unanimously
Moving Forward
Fellow pilots, these votes indicate that the process works. We know from the feedback you've given us that you were not satisfied with the destructive political games being played, and the results of this meeting showed some level of responsiveness from the Board as a whole. No committees were shut down, and no political favors were performed that would interfere with the teambuilding process that our Constitution and Union Operating Manual were designed to foster. We thank the hundreds of concerned pilots who stepped up and made their voices heard, and we ask for your continued engagement on the issues as we steer this ship back on course in pursuit of a much deserved industry-standard contract.
Fraternally,
Spike, Mike, Bill, Steve, and DeWitt
USA320Pilot comments: The title of this update is misleading. 5 of 6 PHL and CLT Reps name is at the bottom of this letter. Newly appointed Rep Jamie Wiedner is not included.
