1. Join up
2. Pay your dues
3. Sign up for the email updates
4. Stay in touch with your reps
5. PARTICIPATE
1. I thought everyone had. ALPA.
2. Someone quit doing that.
3. See #2.
4. See #2 again.
5. PARTICIPATE, unless, you don't like it. Then quit and form your own.
Leonidas Update for September 28, 2008
There are two items of interest. First, our attorneys participated in a scheduling conference in Judge Wake’s court last Friday. Also in attendance were attorneys representing the company as well as USAPA. This scheduling conference was for the preliminary injunction filed in the Federal District Court on September 18th, 2008. The purpose of a scheduling conference is exactly what the title implies: it’s an opportunity for all parties to appear before the judge so that a time line for future filings and hearings can be established. Our attorneys pressed for a condensed time line, while USAPA naturally pushed for an extended time line. The good news is that it appears that the court recognizes the magnitude of the issues and the need for a timely resolution. However, Judge Wake also has a very busy calendar and is required to give priority to criminal cases.
To compound matters, USAPA informed the court that it plans to file a written request (otherwise known as a “brief”) to have our injunction dismissed for lack of subject-matter jurisdiction. This means that USAPA is alleging that the Federal District Court should not be hearing this matter, because the subject matter is one that should be heard somewhere besides the Federal District Court- namely internally, or through the System Board. They will likely argue that, due to the RLA, that they themselves will be the judge of whether they are representing us fairly, and that they are attempting to handle these matters own their own, and in the proper fashion. It is not unlike the wolf making the case that he can, without question, be trusted to watch the hen house. They will attempt to justify their motion when they file their brief this coming Wednesday. Judge Wake therefore set a time line for us to respond to the motion to dismiss by Friday, October 10th. It must be noted that in two similar cases (Bernard v. ALPA, and the Air Wisconsin v. Sanderson case) were both decided in the Federal District Court- we think that our case should be considered even more compelling.
After that, USAPA will then have until the following Friday to reply to our response. The Court will read through all of the briefs, and either make a determination based on the briefs, or hear oral arguments on Wednesday, October 29th. A decision as to whether subject matter jurisdiction is proper will then be issued. It is important to understand that jurisdiction is a fundamental consideration before filing a lawsuit, and there are no better attorneys than Marty Harper, Andy Jacob and Kelly Flood- they have the track records to prove it. Our legal team is not one to file suits which are likely to be dismissed simply because they miscalculated by choosing the wrong court.
It is also important to note the difference between having a case dismissed for lack of subject matter jurisdiction, and having a case dismissed for failure to state a claim. USAPA’s frivolous lawsuit against two dozen America West pilots was summarily dismissed by the Federal District Court in North Carolina because the judge there determined that there was no claim for which relief could be granted. In fact, the judge in that case dismissed USAPA’s RICO suit with prejudice, which in layman’s terms means, “. . .and don’t ever come back with your RICO claim again.” A claim dismissed for lack of jurisdiction, on the other hand, only means that it should to be filed in another court. Finally, USAPA’s attempt to eliminate the suit at an early stage is both understandable and anticipated, given the fact that the equities militate so heavily against them. Rhetorically speaking, who would want to argue USAPA’s case in any court? Would you want to convince a tribunal that a binding arbitration is suddenly meaningless just because you don’t agree with the result and you were able to change your name? That would likely be an attorney’s worst nightmare. It is, however, a prospect that our legal team relishes, and eagerly awaits.
Our second topic is that of the fanciful “Dave O’Dell Day.” Leonidas has witnessed, and received word of several notices posted about October first that could be considered to infer, or encourage a possible work action. USAPA has attempted to implicate Leonidas and the West pilots in this matter. We will flatly state that we have no knowledge of the possibility of such an action, and no affiliation with whomever created said notices. Our actions speak for themselves, and our philosophy simply does not allow for such nonsense - we will see our opponents in the justice system. Furthermore, it is not the West pilots who are known for lashing out at others in blind rage.
Given the fact that there are no West pilots who are in any union leadership position, and the fact that, even today, local councils do not exist in either Phoenix or Las Vegas, it is puzzling how anything with that sort of significance could be posted by a West pilot. However, to allay the company’s concerns, we suggest that it examine past metrics, and compare those with how West pilots will execute their duties on October 1st.
Management should consider how the West has undergone a complete estrangement from our collective bargaining agent, and total abandonment from our own management. They should further consider how we have tirelessly and faithfully participated in a process to achieve a fair integration with the pilot group that was lucky enough to have been given a last minute reprieve from total career obliteration. Lastly, management should consider that despite all of this, America West pilots have consistently produced a performance that is nothing less than exemplary of true professionalism and efficiency.
We have no axe to grind, only agreements to which to compel the unwilling to abide by, and only through the justice system. We suggest that Mr. Parker have a summary of the previous day’s metrics waiting on his desk when he arrives at work on the morning of October 2nd. We would invite Mr. Parker to examine fuel burns, sick calls, single-engine taxis and on time performance, compare those to the historical averages, and then compare East to West. We predict that the October 1st numbers will look little different from that of any other day.
In summary, it must be noted that through our litigation, the plight of the former AWA pilots can no longer be ignored, nor our rights overlooked. With your continued financial and moral support, we will see these matters through until such time as the other parties either decide to act in good faith and fairness, or until such time as these matters are settled with finality before the justice system. We are just getting started.
Job action accusation for October 1. Are you able to discern, by this letter, are they for or against it? It is hard to tell reading below.
"Dear Former AWA Pilots,
The union which represents the interests of some US Airways pilots released an update on Thursday, September 25th, claiming that they are in possession of a letter from the company which purportedly alleges some sort of job action being planned for October 1st. The union does not provide a link to the letter, or offer any proof to substantiate these allegations.
If you have not seen the update, the gist is that the company has notified the union that information exists which indicates there is a planned job action for October 1st. The underlying justification for the alleged job action is connected to the first major round of furloughs in the West. As most of your are aware, the only furloughs planned for October 1st are in the West, and we all know that the affected pilots are hundreds of numbers senior to East pilots who will not be furloughed. What's more, the purported job action is even allegedly named after a West pilot. Hence, through simple deduction there is an unmistakable inference that it is the West pilot group, and only the West pilot group, that is planning some sort of job action.
Now, we would imagine that news of a job action in the West surprises you as much as it does us. There is not a single West pilot that we know of who has even heard of such an event, nor do we know of any West pilots who have read any notice which urges a job action on October 1st. Considering that the union has not produced this letter from the company, nor any of the said notices, we are left wondering if the update is little more than an artless attempt to impugn the character of a pilot group which has consistently demonstrated a collective behavior far above those who wish to malign it.
Whether it's contract law or Railway Labor law, the West group has a long and consistent record of doing what is right - even in situations where others in our position would be tempted to lash out unconventionally. But, just to be clear (even at the risk of reiterating the obvious) Leonidas LLC does not condone, encourage or endorse any behavior by any West pilot that falls below our long history of model employee behavior. Should we not be granted judicial relief from the company's intention to furlough 175 West pilots out of seniority before October 1st, we would urge all West pilots to remember that this very issue is before the proper authority - a federal judge - and our case will be heard soon, and on additional occasions in the future."
"As you probably know, we are requesting at least $1,000 from every AWA pilot in order to build a robust war chest from which to fund our legal battles. To be clear, this will be a protracted effort that we must see through. Many have already gone well above this requested sum, and their generosity has not gone unnoticed. To that end, we have begun shipping a special accessory by which to identify those whose support of this effort has gone beyond mere words. Be on the lookout for these individuals, all of whom have risen to meet our mutual challenge - you will know them when you see them."
Thanks again for you support,
Leonidas LLC
Intimidation, peer pressure are Leonidas LLC method of operation.
"Our second topic is that of the fanciful “Dave O’Dell Day.” Leonidas has witnessed, and received word of several notices posted about October first that could be considered to infer, or encourage a possible work action"
And a couple days later:
" There is not a single West pilot that we know of who has even heard of such an event, nor do we know of any West pilots who have read any notice which urges a job action on October 1st."
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