USAPA Judgement
- Thread starter signals
- Start date
NoYellowNeck
Senior
- Joined
- Aug 6, 2011
- Messages
- 275
- Reaction score
- 245
Bye. Have a good flt.
This is being discussed in a different thread.
This is being discussed in a different thread.
nycbusdriver
Veteran
Is that the Friday smack down you west holes have been talking about?
NoYellowNeck
Senior
- Joined
- Aug 6, 2011
- Messages
- 275
- Reaction score
- 245
Yep.
And the expediting hearing was good enough.
And the expediting hearing was good enough.
crazystnic
Veteran
- Joined
- Sep 28, 2010
- Messages
- 781
- Reaction score
- 727
sounds like the judge was not so convinced, I've heard it's pretty easy to get a TRO and they didn't even get that.
Getting more will probably be problematic for the company.
A good day.
Getting more will probably be problematic for the company.
A good day.
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
USAPA Hearing Update: August 19, 2011
TEMPE (US Daily) - The Federal District Court in Charlotte today granted the companys request for an expedited hearing on a preliminary injunction against USAPA. That hearing is scheduled for Friday, August 19. The court also took under advisement the request for the temporary restraining order. Please dont let the distractions of this litigation compete with your attention on what matters: our customers. Lets keep taking care of our customers and do our best to provide the safe, reliable, friendly service were known for, and wrap up the busy summer travel season on-time, every time.
US Airways/Union Hearing Set for August 19
"I think the airline is entitled to a resolution of this dispute in an efficient manner" said U.S. District Court Judge Robert Conrad, near the conclusion of a hearing Friday. "The [union] is entitled to enough time to defend the allegation."
See Story
This morning Mike Cleary filed his Declaration and USAPA filed its Motion to its Opposition to US Airways' TRO. The union provided the court 39 more pages of documents to be reviewed before the hearing.
It was not until late Thursday that USAPA filed its request that the Charlotte case be linked to the New York case, along with other documents totalling more than 100 pages. In my opinion, USAPA was either unprepared to timely submit its documents or more than likely as in its many other lawsuits the union keeps delaying litigation. In either case, Judge Conrad likely did not have time to thoroughly review the documents before the hearing.
I believe the union's actions do not provide judicial efficiency, they're significantly damaging the union's finances, and they will delay us obtaining a new contract . In fact, I strongly believe USAPA and their outspoken supporters are jeoprodizing the viability of the company, they're placing pilots at risk of termination, and they're placing the union in a precarious financial position. Ironically, I believe those pilots who have the most risk of losing their job our the nger/youjunior pilots who have longer to work at US Airways than older pilots and USAPA's outspoken supporters.
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.
Furthermore, 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 US Airways pilot's careers that could have worse ramifications for East Coast-based pilots than losing the DB Plan, LOA 93, and the Nicolau Award.
TEMPE (US Daily) - The Federal District Court in Charlotte today granted the companys request for an expedited hearing on a preliminary injunction against USAPA. That hearing is scheduled for Friday, August 19. The court also took under advisement the request for the temporary restraining order. Please dont let the distractions of this litigation compete with your attention on what matters: our customers. Lets keep taking care of our customers and do our best to provide the safe, reliable, friendly service were known for, and wrap up the busy summer travel season on-time, every time.
US Airways/Union Hearing Set for August 19
"I think the airline is entitled to a resolution of this dispute in an efficient manner" said U.S. District Court Judge Robert Conrad, near the conclusion of a hearing Friday. "The [union] is entitled to enough time to defend the allegation."
See Story
This morning Mike Cleary filed his Declaration and USAPA filed its Motion to its Opposition to US Airways' TRO. The union provided the court 39 more pages of documents to be reviewed before the hearing.
It was not until late Thursday that USAPA filed its request that the Charlotte case be linked to the New York case, along with other documents totalling more than 100 pages. In my opinion, USAPA was either unprepared to timely submit its documents or more than likely as in its many other lawsuits the union keeps delaying litigation. In either case, Judge Conrad likely did not have time to thoroughly review the documents before the hearing.
I believe the union's actions do not provide judicial efficiency, they're significantly damaging the union's finances, and they will delay us obtaining a new contract . In fact, I strongly believe USAPA and their outspoken supporters are jeoprodizing the viability of the company, they're placing pilots at risk of termination, and they're placing the union in a precarious financial position. Ironically, I believe those pilots who have the most risk of losing their job our the nger/youjunior pilots who have longer to work at US Airways than older pilots and USAPA's outspoken supporters.
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.
Furthermore, 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 US Airways pilot's careers that could have worse ramifications for East Coast-based pilots than losing the DB Plan, LOA 93, and the Nicolau Award.
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
US Airways’ Solutions Process Now Posted on Wings
TEMPE (US Daily) - It is US Airways’ policy to provide a work environment that is cooperative, safe, conducive to good job performance, and free of discrimination or harassment. All of US are responsible for ensuring that our workplaces are free from discrimination and/or harassment. US Airways’ Non-Discrimination and Anti-Harassment in Employment Policy explains what steps you should take if you believe you have been discriminated against or harassed. In furtherance of these policies and procedures, the Company has developed a "Solutions" process. For more information on US Airways’ Solutions Process, please visit the Human Resources page on Wings. Please note the "Solutions" process only applies to domestic (United States based) employees.
TEMPE (US Daily) - It is US Airways’ policy to provide a work environment that is cooperative, safe, conducive to good job performance, and free of discrimination or harassment. All of US are responsible for ensuring that our workplaces are free from discrimination and/or harassment. US Airways’ Non-Discrimination and Anti-Harassment in Employment Policy explains what steps you should take if you believe you have been discriminated against or harassed. In furtherance of these policies and procedures, the Company has developed a "Solutions" process. For more information on US Airways’ Solutions Process, please visit the Human Resources page on Wings. Please note the "Solutions" process only applies to domestic (United States based) employees.
signals
Veteran
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
US Airways Fails in Bid To Get Restraining Order
CHICAGO (WSJ.com) - US Airways Group Inc., which sued its pilots union late last month in connection with an alleged illegal job action, didn't receive the temporary restraining order it hoped for Friday from a federal judge in Charlotte, N.C. But the company said the judge scheduled a hearing for Aug. 19 on the company's separate request for a preliminary injunction to halt the alleged job action, which has been causing flight delays and the cancellation of 9 to 10 flights a day on average since May.
US Airways said it is pleased that a hearing on its injunction request will be heard so quickly.
The US Airline Pilots Association union, which represents US Airways' 4,200 aviators, said Friday that it is "very pleased with the judge's action today not granting the company's request." Capt. James Ray, the union's spokesman, reiterated that the Usapa "does not sponsor or encourage" the alleged activity. "The union does, however, support a change in the company's safety culture," he said.
In a reply to US Airways' July 29 lawsuit, the union late Thursday asked the judge in Charlotte to dismiss the complaint or transfer it to U.S. District Court in New York, where Usapa has had a lawsuit pending against the airline since late May.
US Airways, based in Tempe, Ariz., has been dealing with severe pilot frictions since a 2005 merger that combined the old US Airways with America West Airlines. The two pilot groups can't agree on a method of merging their seniority system, which dictates pilot pay, aircraft type and the ability to bid on more desirable schedules. An arbitrator in 2007 issued a binding seniority method that many of the more numerous and senior former US Airways pilots objected to because they felt the fewer, more junior America West pilots would gain at their expense.
The two groups have been at war ever since, which has slowed contract negotiations on a new, joint labor agreement and required US Airways to operate the two groups of pilots separately. Usapa is a new union voted in by the former US Airways pilots in 2008 to look after their interests. The former America West pilots have their own organization, which is bent on seeing the binding seniority agreement be adopted.
Meanwhile, both groups are working under concessionary labor contracts struck early in the last decade, after the 2001 terrorist attacks plunged the industry into financial distress. Under federal law, airline labor contracts don't expire but continue in force until a new deal is reached. While negotiations continue to find a successor contract, both sides are required to maintain the status quo.
Usapa's May lawsuit contends that the airline is flouting the status quo by embarking "upon a campaign of harassment, intimidation and coercion of Usapa, its leadership, vocal supports and pilots for exercising their rights" under the Railway Labor Act, the federal law that governments labor relations in the airline and railroad industries. The union's Thursday court filing in Charlotte contends that its May lawsuit should have priority over US Airways' July complaint.
The judge in Charlotte could agree to move the dispute to the New York court. US Airways said it believes its lawsuit is filed in the correct venue because Usapa is based in Charlotte and the pilots involved in the alleged job action are former US Airways pilots based in the carrier's Charlotte hub. (The carrier said the former America West pilots, who are based in Phoenix, aren't participating in the job action.) In the event the judge moves the complaint, the company said it will immediately request a temporary restraining order and preliminary injunction in New York.
"If the case moves, that's their right," Capt. Ray said of US Airways. "We'll take it one step at a time."
US Airways alleged in its July lawsuit that since May there has been a spike in late flights, longer taxi times and misconnected bags on flights operating by the former US Airways aviators, along with an average of up to 10 flight cancellations a day. More than 100,000 passengers have been affected. Despite counseling pilots and giving them warnings, the alleged behavior continues, the company said. Two pilots have been terminated.
CHICAGO (WSJ.com) - US Airways Group Inc., which sued its pilots union late last month in connection with an alleged illegal job action, didn't receive the temporary restraining order it hoped for Friday from a federal judge in Charlotte, N.C. But the company said the judge scheduled a hearing for Aug. 19 on the company's separate request for a preliminary injunction to halt the alleged job action, which has been causing flight delays and the cancellation of 9 to 10 flights a day on average since May.
US Airways said it is pleased that a hearing on its injunction request will be heard so quickly.
The US Airline Pilots Association union, which represents US Airways' 4,200 aviators, said Friday that it is "very pleased with the judge's action today not granting the company's request." Capt. James Ray, the union's spokesman, reiterated that the Usapa "does not sponsor or encourage" the alleged activity. "The union does, however, support a change in the company's safety culture," he said.
In a reply to US Airways' July 29 lawsuit, the union late Thursday asked the judge in Charlotte to dismiss the complaint or transfer it to U.S. District Court in New York, where Usapa has had a lawsuit pending against the airline since late May.
US Airways, based in Tempe, Ariz., has been dealing with severe pilot frictions since a 2005 merger that combined the old US Airways with America West Airlines. The two pilot groups can't agree on a method of merging their seniority system, which dictates pilot pay, aircraft type and the ability to bid on more desirable schedules. An arbitrator in 2007 issued a binding seniority method that many of the more numerous and senior former US Airways pilots objected to because they felt the fewer, more junior America West pilots would gain at their expense.
The two groups have been at war ever since, which has slowed contract negotiations on a new, joint labor agreement and required US Airways to operate the two groups of pilots separately. Usapa is a new union voted in by the former US Airways pilots in 2008 to look after their interests. The former America West pilots have their own organization, which is bent on seeing the binding seniority agreement be adopted.
Meanwhile, both groups are working under concessionary labor contracts struck early in the last decade, after the 2001 terrorist attacks plunged the industry into financial distress. Under federal law, airline labor contracts don't expire but continue in force until a new deal is reached. While negotiations continue to find a successor contract, both sides are required to maintain the status quo.
Usapa's May lawsuit contends that the airline is flouting the status quo by embarking "upon a campaign of harassment, intimidation and coercion of Usapa, its leadership, vocal supports and pilots for exercising their rights" under the Railway Labor Act, the federal law that governments labor relations in the airline and railroad industries. The union's Thursday court filing in Charlotte contends that its May lawsuit should have priority over US Airways' July complaint.
The judge in Charlotte could agree to move the dispute to the New York court. US Airways said it believes its lawsuit is filed in the correct venue because Usapa is based in Charlotte and the pilots involved in the alleged job action are former US Airways pilots based in the carrier's Charlotte hub. (The carrier said the former America West pilots, who are based in Phoenix, aren't participating in the job action.) In the event the judge moves the complaint, the company said it will immediately request a temporary restraining order and preliminary injunction in New York.
"If the case moves, that's their right," Capt. Ray said of US Airways. "We'll take it one step at a time."
US Airways alleged in its July lawsuit that since May there has been a spike in late flights, longer taxi times and misconnected bags on flights operating by the former US Airways aviators, along with an average of up to 10 flight cancellations a day. More than 100,000 passengers have been affected. Despite counseling pilots and giving them warnings, the alleged behavior continues, the company said. Two pilots have been terminated.
767jetz
Veteran
- Joined
- Aug 20, 2002
- Messages
- 3,286
- Reaction score
- 2,779
I have to laugh at the typical ignorance of the usual suspects with regard to the significance of what's going on. For example they fail to realize that the "T" in TRO stands for TEMPORARY, and that the injunction is the teeth they should be afraid of. Not to mention that now the hearing for the injunction has been moved even earlier. They are being played by the company lawyers and don't even know it.
NoYellowNeck
Senior
- Joined
- Aug 6, 2011
- Messages
- 275
- Reaction score
- 245
Um, ya. Not even close.
For those that aren't as ignorant as crazy (appropriate name) and wish to be edified on the nuances of a TRO, I pass along this analogy:
A TRO to a judge is like a gun to a police officer - they are used only as a very last resort.
I've already explained as to why in a different post. The very fact that the evidence presented by the company persuaded the judge to move the injunction hearing forward proves the company has more than enough to get the requested injunction. Injunctions, btw, can go as long as needed.
TROs do not.
Any more lies crazy?
USA320Pilot
Veteran
- Joined
- May 18, 2003
- Messages
- 8,175
- Reaction score
- 1,539
Harry Callahan
Veteran
NoYellowNeck
Senior
- Joined
- Aug 6, 2011
- Messages
- 275
- Reaction score
- 245
And I'm just curious as to what kind of USAPA lemming you are?
