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Old 06-26-2007, 10:56 PM   #1  
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Default US Air Pilots sue ALPA

MEC CODE-A-PHONE UPDATE - June 26, 2007

This is MEC Chairman Jack Stephan with a Chairman’s message to the pilots for Tuesday, June 26, 2007.

Today we took a big step in protecting the interests of the US Airways Pilots by having the Washington DC Labor Law firm of Baptiste & Wilder file a complaint in the Superior Court of the District of Columbia seeking to have the Nicolau Award vacated and overturned. It is our judgment that this action is necessary to protect the legitimate interests of our pilots under the rules and policies of the Association. A copy of our complaint and a letter I wrote to Captain Prater informing him of our litigation will soon be posted on our website.

Accordingly, we have asked ALPA International to adhere to their stated policy and remain neutral in this seniority integration dispute, while attempting to facilitate a settlement between the two pilot groups. In addition, we asked that ALPA International deny any requests from the AWA MEC to release the Nicolau Award to US Airways, while its validity under ALPA Merger Policy is being determined by the Court. We advised them that to do otherwise would constitute a serious breach of ALPA’s neutrality and doom any attempts to solve the issues facing these two pilot groups.

Although we are now pursuing litigation as a means to protect our interests, I reminded Captain Prater that we stand ready to fulfill the May 24th Executive Council resolution that encouraged both MECs to “explore consensual approaches that promote career protection and mutual success.” As I have said many times before, agreeing to this process does not change our position before the Executive Council and our strategy with regard to overturning the Nicolau Award.

In regards to the video released on June 22nd to all ALPA pilots, I was extremely disappointed in the script for its cavalier portrayal of the US Airways Pilots’ position and more importantly, its omission of any supporting facts for our position. That was in contrast with the manner in which the video clearly defined the America West position, albeit a much simpler thing to do. If ALPA International truly wants all ALPA pilots to have an understanding of the issues confronting the US Airways and America West pilots as they stated, then their communications must clearly define the issues of both parties and the precedent-setting effects that the resolution of these issues will have for this union moving forward.

From the onset of our request to the Executive Council, we have repeatedly expressed that we are not just simply dissatisfied with the arbitrator’s decision; that, in fact, it is our position that the Nicolau Award violates the basic tenants of ALPA Merger Policy. The notion that the award is “not to our liking” trivializes the very real objections we have to the entire Nicolau debacle and clearly doesn’t provide our sister and brother ALPA pilots an accurate understanding of the situation. The video also emphatically states that what the ALPA Officers and Executive Council “must do” is to enforce and implement ALPA policy. We agree! That is exactly what we are asking the ALPA International leadership to do.

We signed on to this arbitration in full anticipation that ALPA Merger Policy would be complied with. Once the Nicolau Award broke the rules, which the US Airways Merger Committee’s presentation to the Executive Council clearly demonstrated, the sanctity of the process was violated. To force the issue otherwise conflicts with ALPA policy and flies in the face of what all unions should stand for.

You have my commitment that we will continue to leave no stone unturned in righting the wrong of the Nicolau Award. I ask that you continue your professional conduct and stay informed. We will need the support of all our pilots moving forward.

The US Airways MEC remains singularly focused on protecting the careers of the US Airways pilots.

Please continue to look out for each other, follow our “Three Prong Approach,” and as always, fly safe and thanks for listening.
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Old 06-26-2007, 11:03 PM   #2  
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{sigh}

The lawyers sure will make out.........as this effort gets absolutely nowhere.
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Old 06-26-2007, 11:19 PM   #3  
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I was not aware that Mr. Nicolau was employed by ALPA in this matter. If the title of this thread is true that the former USAir Pilots are going to sue ALPA over the seniority integration decided by Mr. Nicolau then the least MEC Chairman Stephan could do is post all correspondence relavent in this manner on a forum available to all dues paying ALPA pilots. It is our money they will be spending and I believe we are entitled to know why our dues should be going to defend the actions of a non ALPA employee.
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Old 06-27-2007, 04:06 AM   #4  
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I'm curious....What part of English does "Binding Arbitration" USA does not understand?
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Old 06-27-2007, 04:35 AM   #5  
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Sound like another DFR suit against ALPA. Just look at the TWA AA debacle.
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Old 06-27-2007, 09:02 AM   #6  
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Quote:
Originally Posted by Whale Pilot View Post
Sound like another DFR suit against ALPA. Just look at the TWA AA debacle.
As I was reading it I was thinking the same thing, Whale. It's only been a few years since that one started and still in the process, huh? Good luck U.S. Airways pilots. Don't get impatient you're gonna be there for a looooooong time if it follows the lines of the TWA deal.
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Old 06-27-2007, 10:33 AM   #7  
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Quote:
Originally Posted by crewdawg52 View Post
I'm curious....What part of English does "Binding Arbitration" USA does not understand?
"windfall", hope that clears it up for you.
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Old 06-27-2007, 11:08 AM   #8  
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"windfall", hope that clears it up for you.

And who got a windfall? If you ask me the only people who got a windfall are the 500 or so USAir pilots who got put on top of the number one pilot at AWA.
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Old 06-27-2007, 01:04 PM   #9  
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And who got a windfall? If you ask me the only people who got a windfall are the 500 or so US Air pilots who got put on top of the number one pilot at AWA.
I agree with that.....except "only". The 2005 West new-hire senior to the US Air guy with 17 years was shakin' what his mamma gave him until it became apparent that the windfall was not actually binding. So I guess we are in agreement. And I applaud the AAA guys in their litigation and not accepting " I thought binding was binding". Anytime a pilot who has sacrificed for a company for almost 2 decades is stapled, it does a dis-justice to the profession. BTW, I think DOH would have been a windfall too. Godspeed AAA!
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Old 06-28-2007, 07:37 AM   #10  
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I think that the irony of this is that America West was the only company that probably even considered taking on all of the employees at Airways--all others would have only wanted airplanes, gates, and especially slots and would have never acquired or "merged" the employees. Had airways been acquired or merged with a non ALPA carrier they would have been stapled for sure--thats what American does and also what Southwest does.
Seems to me that USAIR has had a lot of problems with decent management since Ed Colodny retired....BTW if as you claim 80% of the present profits come from the east side why couldn't you make any money before AWA management took over?
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