Most pilots are interested in their future and the future of the entire company versus segment of the pilot group that wants to personally profit at the expense of others. I believe it's important to look at the facts because we are nearing the time when those who control USAPA will lose power and the Nicolau Award will likely be implemented.
1. Here are the election results for USAPA's President and VP positions:
Capt. Bill McKee 924
Gary Hummel 1012
Capt. Steve Sevier 113
Eric Ferguson 1119
Total 3168
Vice President
Stephen Bradford 1089
Jamie Javurek 136
Randy Dopp 803
Jeff Koontz 1128
Total 3156
In my opinion, Gary Hummel will be president and either Steve Bradford or Jeff Koontz the VP.
Hummel's position on the SLI is that "On December 1, 2011, here comes US Airways against USAPA and the West Pilot Class in Judge Silver's court where all three parties agreed that whether or not the Company must accept the Nicolau Award, is indeed a legal issue. The following is from the transcript of Judge Silver. 'This is a simple issue and I think even Mr. Szymborska (sic) agrees with that, is that the issue is, the simple issue is whether or not, as you've said, this is whether USAPA and US Airways and this court is bound by the Nicoulau agreement simply.' (Mr. Szymborska is Mr. Szymanski the attorney for USAPA). So there you have it. It just doesn't matter anymore what I think about date of hire or what you think about the NIC. It is no longer an issue for the union under the RLA. USAPA attorneys have agreed with the Company and the West Pilot Class, that this is a legal issue that will be resolved in the courts."
2. According to USAPA, "All parties to the Phoenix Declaratory Judgment action filed their responding papers on the cross-motions for summary judgment yesterday, February 21. The next step in the litigation will be the filing of what are known as "reply" papers, which generally are limited to addressing matters raised in the Responses filed by the other parties to the litigation. These papers are currently due to be filed on March 12. Both USAPA and the West Pilot Class have asked for oral argument, and the Court is likely to grant the requests and schedule oral argument on the motions some time after all of the papers have been submitted."
3. Although it's unclear if oral arguments will be held, Judge Silver has placed the DJ case on the fast track, she has moved the case along, she has agreed with every AOL and Company motion, and she has denied every USAPA motion. US Airways General Counsel Bob Siegel testified in the DJ Scheduling Conference that the Nicolau Award is required to be implemented per our contract, which Judge Silver clearly took note of.
As far as the DJ case concluding at the District Court level in a recent AOL update indicated we could have Judge Silver's decision in April, which will be after USAPA's "run-off" election is complete.
I believe Hummel is correct that the SLI will be decided by the courts, maybe wihtout an appeal. If an appeal is filed I suspect the Ninth Circuit will not hear the case because this time a technicality such as "ripeness" does not appear to be germane. Therefore, the SLI could be decided with the court(s) ordering later this year for the parties to implement the Nicolau Award inside a joint contract.
4. According to a report in TheStreet.com, "Hummel is the union's executive vice president, after defeating Ferguson for that post in a 2010 election. When he was elected his wife bought him a desk set with an inscribed quotation from Martin Luther King Jr.: "We must learn to live together as brothers or perish together as fools." The quotation "defines what this is about for me," he said. "I'm not looking for support from east or west, but from all pilots." He says west pilots probably view him as less of a hardliner than current leadership is perceived to be. In other words, he says, "USAPA lite."
5. Hummel indicated to TheStreet.com, that USAPA should "concentrate on the 29 other sections of the contract. It (the SLI) is not a moral issue. At this point, it is a legal issue."
5. With more-and-more PHX-based pilots joining USAPA, more-and-more East anti-USAPA pilots becoming members, and 3rd List pilots coming on board I believe the tide has turned. As pilots begin to retire this group will gain control of the union in 1 to 2 years and likely sooner when the SLI has been decided and pilots desire an improved contract. Furthermore this bodes well for the timing on consolidation assuming Doug Parker attempts a merger with AMR. Doug has repeatedly integrated US Airways will not be split up and that PHX is an integral part of US Airways' network.
According to TheStreet.com, "with US Airways management studying a merger with bankrupt AMR, both candidates say they would work to ensure it could happen. Hummel notes that USAPA has worked closely with American's Allied Pilots Association and, in fact, modeled its constitution on the APA model. Ferguson says the Nicolau award would have to be part of any merger seniority agreement."
In conclusion, I believe the sun is finally beginning to rise for those who desire improved pay and benefits and the Nicolau Award will be affirmed because our contract, LOA 96 (Transition Agreement), Section IV. (A), requires the final and binding Arbitrator's Opinion & Award. In addition, I have reason to believe US Airways management will move forward on a new pilot contract that will echo the work completed by the ALPA JNC, with AFA TA type Scope, and industry standard pay once the SLI is complete.
I guess my poor, lacking in brain cells brain already knew that - what took you so long to figure it out?
