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-   -   USAPA Withdraws (https://www.airlinepilotforums.com/american/89036-usapa-withdraws.html)

PurpleTurtle 06-30-2015 09:40 AM

The Arb Panel will perform their duties, as they see them to be, and lawsuits will likely ensue, regardless of how they act or don't.

inline five 06-30-2015 10:05 AM

I don't see how you can argue a DFR suit when your committee just up and leaves. Not a lawyer though.

PurpleTurtle 06-30-2015 10:26 AM


Originally Posted by inline five (Post 1918769)
I don't see how you can argue a DFR suit when your committee just up and leaves. Not a lawyer though.

DFR is not the issue. Compliance with MB is the issue.

The Arb Panel is duty bound by MB (no court has changed that or defined it). If they deem themselves unable to proceed with implementation of MB pursuant to the Protocol Agreement, due to current circumstance, the West will be apoplectic and sue. If the Arb Panel assumes they can proceed supra-PA, even more parties could sue.

Wiskey Driver 06-30-2015 12:45 PM


Originally Posted by PurpleTurtle (Post 1918790)
DFR is not the issue. Compliance with MB is the issue.

The Arb Panel is duty bound by MB (no court has changed that or defined it). If they deem themselves unable to proceed with implementation of MB pursuant to the Protocol Agreement, due to current circumstance, the West will be apoplectic and sue. If the Arb Panel assumes they can proceed supra-PA, even more parties could sue.

Well you are correct in part. The arb panel is duty bound MB, however MB is not retroactive. In layman's terms MB can not go back and redo the east west arbitration. The court of appeals has not done anything with respect to MB in the case of LUS and LAA. The courts have stated that PRIOR to the MB process between LUS ans LAA there was a DFR issue. The courts have not left the east pilots abandon like usapa has done. The east pilots are fully represented within the confines of the original final and binding result.

Now just so everyone is clear, anyone can sue anyone at anytime for any reason, however this does not mean that there is a valid case. The east will not have a legal leg to stand on unless the west committee seeks to punish the east for 8 plus years of hardship. They deserve it mind you but it would be a tremendous mistake if they were to attempt that. The west committee should follow the Nic award to the letter adjusted for those that have left the company since 08.

WD at AWA

Wiskey Driver 06-30-2015 12:53 PM


Originally Posted by justjack (Post 1918749)
- I think I agree with that part of your statement up until "I can see a way out"- which I don't necessarily disagree with- I just am not sure what you mean.

I even confused myself:D. No seriously I was thinking how would that 2000 number effect the east wb pilots and how do they not lose their seats absent a fence. I don't think the company wants fences but not totally sure. In any event if the panel were to give the top 2000 spots to AA then there would be no choice but to fence off the A330 and 350 UNLESS you mixed the LUS wide pilots among the starting 2000.

WD at AWA

R57 relay 06-30-2015 01:35 PM


Originally Posted by inline five (Post 1918769)
I don't see how you can argue a DFR suit when your committee just up and leaves. Not a lawyer though.

Is the USAPA SLI committee you? Did you decide to leave? Did you have any say in the make up of the committee?

MB gives you rights in the SLI. The APA is the CBA. They wanted it, they got it. They gave the west their own committee, we deserve one too.

flyinawa 06-30-2015 01:54 PM


Originally Posted by R57 relay (Post 1918972)
Is the USAPA SLI committee you? Did you decide to leave? Did you have any say in the make up of the committee?

MB gives you rights in the SLI. The APA is the CBA. They wanted it, they got it. They gave the west their own committee, we deserve one too.

I can't help but wonder...

When USAir ALPA insisted on DOH and Nicolau handed down his seniority award, the East cried foul and insisted they never supported ALPA and ALPA didn't adequately represent East pilots. USAPA was created and represented EXCLUSIVELY East pilots. Occasionally you suggested they were a little heavy handed with the East but evidently as a group, you and your fellow East pilots voted the same type of leadership.

When the West members of the USAPA Negotiating Committee quit because they were told the only position USAPA would recognize was DOH, there was much laughter and back slapping. "Hey, if you West reps wanna quit then quit".

Yesterday, USAPA threw a child's tantrum and stormed off and NOW you're concerned you aren't being adequately represented? Whose fault is that? They are YOUR (*LUS, not you exclusively) baby and it's too late to try and cry about lack of representation. The East pilot's voted them in OVERWHELMINGLY. If they quit on you, that's YOUR problem, isn't it?

So exactly who would you like to represent you? ALPA? No. Your in-house group (USAPA)? No. So who? It's pathetic.

R57 relay 06-30-2015 02:13 PM


Originally Posted by flyinawa (Post 1918985)
I can't help but wonder...

When USAir ALPA insisted on DOH and Nicolau handed down his seniority award, the East cried foul and insisted they never supported ALPA and ALPA didn't adequately represent East pilots. USAPA was created and represented EXCLUSIVELY East pilots. Occasionally you suggested they were a little heavy handed with the East but evidently as a group, you and your fellow East pilots voted the same type of leadership.

When the West members of the USAPA Negotiating Committee quit because they were told the only position USAPA would recognize was DOH, there was much laughter and back slapping. "Hey, if you West reps wanna quit then quit".

Yesterday, USAPA threw a child's tantrum and stormed off and NOW you're concerned you aren't being adequately represented? Whose fault is that? They are YOUR (*LUS, not you exclusively) baby and it's too late to try and cry about lack of representation. The East pilot's voted them in OVERWHELMINGLY. If they quit on you, that's YOUR problem, isn't it?

So exactly who would you like to represent you? ALPA? No. Your in-house group (USAPA)? No. So who? It's pathetic.

You are not dense so I don't get why you are asking the question.

How about an easeast committee made up of east pilots, from all cross sections of the seniority list?

What is your reasoning not wanting it?

If you will recall, a federal judge ruled that the west had NO RIGHT to a separate committee. Usapa didn't want you to have it but agreed to the mini-arb and you got one despite Judge Silver's ruling. Now you want to deny the same to us?

I would expect this from cactoli or WD, not you.

flyinawa 06-30-2015 02:26 PM


Originally Posted by R57 relay (Post 1918996)
You are not dense so I don't get why you are asking the question.

How about an easeast committee made up of east pilots, from all cross sections of the seniority list?

What is your reasoning not wanting it?

If you will recall, a federal judge ruled that the west had NO RIGHT to a separate committee. Usapa didn't want you to have it but agreed to the mini-arb and you got one despite Judge Silver's ruling. Now you want to deny the same to us?

I would expect this from cactoli or WD, not you.

The difference is the West pilots were *unrepresented* and fought to gain representation. The LUS pilots were *represented* and the representatives you selected QUIT. If I thought the process of selecting NEW representatives was anything but an ADDITIONAL delay tactic, I'd support it but this is a continuation of the game plan from the last eight years...delay the process and reap the rewards of new aircraft, pilots, and upgrades.

So no, I'm not sympathetic to your plight. The USAPA reps could have continued on with a methodology the merged the USAir list (including Nic) with the AA list in a fashion they felt was reasonable but that just wasn't enough. Your representatives insist on doing so at the expense of the West.

Your reps *quit*. I fail to see how I or anyone on the West or at AA somehow wronged you or why I should support your latest delay game.

EDIT: and why wasn't your previous committee made of members of all cross sections. That is a failing that falls at USAPA's feet. Where were the calls of dissatisfaction LAST WEEK?

R57 relay 06-30-2015 02:36 PM


Originally Posted by flyinawa (Post 1919007)
The difference is the West pilots were *unrepresented* and fought to gain representation. The LUS pilots were *represented* and the representatives you selected QUIT. If I thought the process of selecting NEW representatives was anything but an ADDITIONAL delay tactic, I'd support it but this is a continuation of the game plan from the last eight years...delay the process and reap the rewards of new aircraft, pilots, and upgrades.

So no, I'm not sympathetic to your plight. The USAPA reps could have continued on with a methodology the merged the USAir list (including Nic) with the AA list in a fashion they felt was reasonable but that just wasn't enough. Your representatives insist on doing so at the expense of the West.

Your reps *quit*. I fail to see how I or anyone on the West or at AA somehow wronged you or why I should support your latest delay game.

EDIT: and why wasn't your previous committee made of members of all cross sections. That is a failing that falls at USAPA's feet. Where were the calls of dissatisfaction LAST WEEK?

You were represented exactly the same as I was, through the legally elected CBA that neither of us voted for.


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