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Awappa update.

Old 05-09-2008, 11:58 PM
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Default Awappa update.

For those that don't know, Awappa is the non profit protecting the america west pilots from the east scabs. Apparently the lying continues back east with the new union, they have failed to tell their membership that no further negotiations would take place (they planned on striking a deal exchanging the stapling of the west pilots for a concessionary contract) they insist that any new mergers will go doh placing their 18 year furloughed pilots on top of ual and awa senior captains. Also for those that don't know former AWA pilots are totally unprotected with no rep's or committees staffed out west, we have all lost our insurance coverage and our grievances have been dropped by the new scab union imposed on us, don't forget that when you give these guys a jumpseat ride. A AWA pilot can be identified by the PXXXX number on the back of his ID and by the red "cactus" sticker on the badge backer




"1. AAA MEC Lawsuit Dismissed
AWAPPA has been informed that the attorneys representing both the AAA and AWA MECs have filed a joint stipulation dismissing the case in DC Superior Court, as the parties (namely the AAA and AWA MECs) to the proceeding no longer exist. Thus ends one challenge to the Nicolau Award.

2. Parker Informs Labor - No Joint Negotiations Until After Any Merger
AWAPPA volunteers have learned that at last week's quarterly labor meeting with US Airways senior management, Doug Parker did NOT acknowledge any direct discussions regarding any party to a merger, but instead told the labor representatives there (including USAPA) that if a merger took place, there would be no joint labor negotiations until after a merger transaction is closed for financial purposes. This is not unexpected as this was management's stance in our AWA/AAA negotiations (with the exception of the completion of our Transition Agreement). In this case, it is even possible that no transition agreement negotiations would be completed as the UAL and LCC pilots are represented by different unions.

We continue to carefully observe both management's actions, and USAPA's actions very closely as we have informed both parties that they will be named as defendants in a law suit if they agree to modify the Nicolau Award.

3. Watch Your Back
AWAPPA has received several reports of USAPA members attempting to create a hostile work environment for former AWA pilots by engaging them in debate designed to entrap them and then filing reports against them with management. In their reports to management, the USAPA members have deliberately added "spin" to their version of the confrontation to appear that they are the victim.

Frankly, this vile act is inexcusable and the culture that has created this environment should be immediately stomped out by senior management. We hope that senior management is going to adopt a zero tolerance approach to this "baiting" activity by some USAPA members who file these frivolous reports.

AWA pilots need to be especially careful not to be entrapped by these activities and avoid any and all confrontations with East pilots. AWAPPA recommends that if you are confronted, you should immediate remove yourself from the situation and find witnesses to bear evidence to any events that may have transpired. Document everything. And please be careful out there.

4. USAPA Claims All Expenses Germane
In a recent report, USAPA has claimed that all expenses their expenses are "germane" to the representational activities. As a reminder, those who pay agency shop fees in lieu of union dues are entitled to a refund of all fees that were not used for "germane" representational expenses. We guess that this recent announcement means that USAPA plans to go ahead and collect dues from pilots even though they have not delivered any contractual products yet. Additionally, USAPA has yet to clarify whether they are charging 1.95% or 2.95% dues, even though they have worked out a non-member dues check-off arrangement.

Thanks USAPA, but on behalf of the dissenters, we will wait until you mail us the bill.

5. Follow the FOM
The new US Airways FOM is designed to be permissive in nature as a result of liability experience from US Air's six major accidents. Our former Safety Committee folks highly recommend all pilots carefully follow the rules. With a new and untested union, and now that we are outside ALPA's accident and safety umbrella, it is up to every pilot to protect themselves. Fly by the book. If in doubt, file an ASAP and NASA report immediately.

6. McCaskill or ALPA Merger Policy - You Decide.
USAPA put out a recent update that asserted that as a result of the McCaskill Bill, Allegheny-Mohawk procedures would be used if we merged with UAL. The McCaskill Bill was enacted at the end of 2007 as a stop gap to protect labor from mergers like AMR/TWA where one employee group did not get access to a "fair and equitable" standard in an arbitration to integrate seniority. Importantly, the provisions of the Bill do not apply if the employees are represented by the same labor organization. Specifically, the law says: "if the same collective bargaining agent represents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent's internal policies regarding integration, if any, will not be affected by and will supersede the requirements of this section..."

Consider the following: Let's say LCC and UAL merge, the transaction closes this fall sometime, and subsequent to the closing there is an NMB single carrier determination and an election between the pilot groups. We are confident that ALPA would be reinstalled as the union for all UAL/LCC pilots after a relatively quick election (since no cards would have to be filed). Because the new law says that Allegheny/Mohawk arbitration only takes place if the employees are represented by different labor organizations, it is AWAPPA's view that ALPA's Merger Policy would be used because both LCC and UAL pilots would be in ALPA well before the merged seniority talks take place. (Remember how long it took our case to get through all the steps?) Here is the law's text for your review:

SEC. 117. LABOR INTEGRATION.

(a) LABOR INTEGRATION- With respect to any covered transaction involving two or more covered air carriers that results in the combination of crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered employees of the covered air carriers; except that-

(1) if the same collective bargaining agent represents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent's internal policies regarding integration, if any, will not be affected by and will supersede the requirements of this section; and

(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement, so long as those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.

(b) DEFINITIONS- In this section, the following definitions apply:

(1) AIR CARRIER- The term `air carrier' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.
(2) COVERED AIR CARRIER- The term `covered air carrier' means an air carrier that is involved in a covered transaction.
(3) COVERED EMPLOYEE- The term `covered employee' means an employee who--
(A) is not a temporary employee; and
(B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).
(4) COVERED TRANSACTION- The term `covered transaction' means--
(A) a transaction for the combination of multiple air carriers into a single air carrier; and which
(B) involves the transfer of ownership or control of--
(i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or
(ii) 50 percent or more (by value) of the assets of the air carrier.

(c) APPLICATION- This section shall not apply to any covered transaction involving a covered air carrier that took place before the date of enactment of this Act.

(d) EFFECTIVENESS OF PROVISION- This section shall become effective on the date of enactment of this Act and shall continue in effect in fiscal years after fiscal year 2008.

But even if we are wrong about that scenario, since ALPA Merger Policy works similarly to the way that Allegheny-Mohawk works (i.e. a fair and equitable integration resulting from binding arbitration), the same substantive standards would apply. While some continue to argue that Allegheny-Mohawk means date of hire, nothing could be further from the truth as has been previously pointed out in a letter by Jeff Freund which explained that integration under Allegheny-Mohawk has infrequently resulted in a DOH integration of pilot seniority lists [note that the letter was written prior to the existence of the McCaskill Bill]. In any event, one thing is clear - if ALPA becomes the bargaining agent for both UAL and LCC pilots, it is unlikely that any assertion from the soon-to-be-former USAPA demanding that they are a party to this integration would prevail, since they will have no statutory right to represent any pilots.

7. Insurance Solutions
For those of you who received cancellation notices from ALPA for your insurance, please note that Harvey Watt is offering insurance to all AWA pilots who are not members of USAPA on the same terms and conditions as will be offered to USAPA members. AWAPPA has no relationship with Harvey Watt or the insurance products that they are offering to AWA pilots.

The link to apply is:

http://www.harveywatt.com/awapilots

All US Airways pilots who are not USAPA members are eligible to apply under this link. Also, Harvey Watt is also offering Aeromedical Coverage to USAPA non-members for $50.00 per year.

7. UAL Merger - Conflict of Interest?
AWAPPA continues to monitor the UAL merger situation. A handful of AWA pilots have expressed some concern that our attorney, Mr. Jeff Freund, also represents the UAL Merger Committee and therefore has a "conflict of interest." We are confident that no such conflict exists. To be clear, Mr. Freund represents AWAPPA for one fundamental primary purpose - to preserve and protect the Nicolau Award, whether US Airways merges with another carrier or stands alone. He does not represent AWAPPA for the purpose of integrating a US Airways seniority list with a seniority list from any other airline. Should the AWA pilot's "legal interests" change as the result of a merger or other transaction, we review our requirements for counsel if necessary."
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Old 05-20-2008, 09:35 PM
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...what was this tread about anyway?....
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Old 05-21-2008, 12:43 AM
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First you say this:

For those that don't know, Awappa is the non profit protecting the america west pilots from the east scabs.
and this:

we have all lost our insurance coverage and our grievances have been dropped by the new scab union imposed on us
....and then you say this:

3. Watch Your Back
AWAPPA has received several reports of USAPA members attempting to create a hostile work environment for former AWA pilots by engaging them in debate designed to entrap them and then filing reports against them with management. In their reports to management, the USAPA members have deliberately added "spin" to their version of the confrontation to appear that they are the victim.

So please "spin", for my edification, how calling someone who hasn't crossed a union picket line a "scab" is not creating a hostile work environment. Seems the pot is calling the kettle black.



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Old 05-21-2008, 05:26 AM
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does awappa or usapa have a solution to successfully bring the east/west guys together with as little resentment as possible? most likely not. throw in UAL and this will be a wild ride in the next few years. please guys work toward a solution nothing good can come of this.
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Old 05-21-2008, 08:45 AM
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Here we go again. Does anyone moderate these threads at all?
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Old 05-21-2008, 09:55 AM
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AWAPPA Update - May 20, 2008
NewsletterIssue #11



May 20, 2008







in this issue


:: The USAPA Olive Branch
:: Leonidas LLC Update




USAPA THREATENS TO SUE US AIRWAYS PILOTS
A union that sues the very workers it represents?
USAPA ratcheted up the paranoia scale a few notches by threatening to sue the very pilots it is charged with representing. Claiming that some pilots have engaged in "unlawful acts of sabotage," USAPA's lawyer sent a letter to AWAPPA's lawyer threatening that "to the extent that AWAPPA is promoting, or facilitating [unlawful acts of sabotage], USAPA will hold it accountable." Some of the "unlawful acts of sabotage" USAPA claims that AWAPPA is responsible for includes tying up USAPA's toll free telephone line with repeated frivolous calls, calling in false safety complaints to USAPA's safety line, threatening pilots if they pay dues to USAPA, falsely attributing defamatory statements to USAPA officers and arranging subscriptions to various electronic services for USAPA officers. Our lawyer quickly responded, making it clear that AWAPPA had nothing whatsoever to do with any of the conduct USAPA claimed had occurred. Not satisfied with threatening AWAPPA, USAPA's Board of Pilot Representatives recently authorized its lawyers to take legal action against any pilot who engages in "unlawful acts of sabotage." Shortly thereafter, we have learned, USAPA's lawyers sent a letter to a West pilot threatening to sue him or have him criminally prosecuted over what the lawyer claimed were repeated harassing telephone calls.

We want to be clear about two things. First, AWAPPA does not condone unlawful activity of any kind directed against anybody - including USAPA or its officers. We are committed to a course of action in which we will vindicate our rights through application of the rule of law, not through "unlawful acts of sabotage." We are confident that USAPA will crumble under its own weight without anyone engaging in unlawful conduct. Second, and more importantly, AWAPPA does not believe any union that threatens the very workers it purports to represent can succeed in representing everyone equally and fairly. As we learn of USAPA's failures to fairly represent any pilots (East or West), we will bring those failures to your attention.


THE USAPA OLIVE BRANCH
Why does USAPA so desperately seek West support?
Ever since USAPA's victory on April 17th, the USAPA leadership has attempted to scale back the anti-West rhetoric, and replace it with a more conciliatory tone.

Why the sudden change of heart?

There are two primary issues to consider when answering that question. First, USAPA's actions are not consistent with their verbal assertions. We'll discuss some of those actions in the next paragraph. Second, USAPA's motives have not actually changed, only the method by which they intend to achieve their goals. This means that USAPA still intends to attempt to impose date of hire on us (USAPA's Board passed a resolution directing their newly appointed merger committee consisting of all East pilots to compile a seniority list with "appropriate conditions and restrictions") and engage in other discriminatory practices. But now they apparently believe that they can best accomplish those goals with a less antagonistic approach, and would actually prefer to attempt to accomplish their goals with the cooperative involvement of some West pilots in the process.

Although we do not believe any America West pilot has been persuaded by USAPA's disingenuous interest in unity with the West, we thought it might be valuable to highlight some of USAPA's actions since having been certified as our bargaining agent:
  • As stated above, USAPA has threatened to press criminal and civil litigation against at least one America West pilot and also against AWAPPA. And to think that USAPA claimed that ALPA's acts were draconian! We're not aware of any history of ALPA ever threatening its own constituents with criminal or civil litigation. We're not sure what exactly caused USAPA to initiate this "panic fire", unless of course the West pilots' staunch opposition to USAPA is not as insignificant as USAPA portrays it publicly.
  • USAPA CLT representatives dedicated the majority of their first domicile blast email update to slinging mud at West pilots and AWAPPA. They even went so far as to publish the name and email address of a West pilot with the obvious intent of encouraging other pilots to create a hostile work environment for that pilot. We thought that the CLT pilots might have been more interested in having their first blast email update contain information about what progress USAPA has made in contract negotiations or other important representational matters. The email update also includes a partial excerpt taken out of context from one of our recent updates and a poorly-written "myth busters" piece that feebly attempts to rationalize USAPA's attempt to unilaterally impose an East-windfall seniority list upon us. Interestingly enough, that CLT update is no longer posted on the USAPA website.
  • One of the actions taken by the USAPA Board of Pilot Representative (BPR) in their first meeting this week was to attempt to solidify their ability to collect dues income from pilots, and memorialize those actions in a very threatening resolution and letter. As we may all remember, when we went to work for our first ALPA carrier, we were given an in-person presentation about the organization, and a packet of materials that included an introductory letter from the ALPA President, informational brochures about the organization, a thorough explanation of how our dues dollars were to be allocated, and other materials designed to make new members feel welcome in and informed about the union. According to USAPA's communications, our introductory packet from USAPA will only contain: a dues invoice and a letter that threatens us if we don't pay it. USAPA wants your money (possibly 2.95% of your income according to our sources), with no questions asked, and with them providing nothing in return. At least ALPA membership included a magazine subscription.
  • USAPA leadership has contacted a few America West pilots in an effort to convince them to serve as USAPA representatives. All of those pilots refused, stating their inability to pledge allegiance to "date of hire". The USAPA leadership went so far in one case as to tell a West pilot that USAPA could not function properly without the West being involved, and as a result of that, they were considering amending the USAPA Constitution to remove "date of hire". Most recently, the USAPA BPR unanimously passed a resolution in favor of aggressively seeking representatives to fill West positions. Mind you, this is the same BPR who's largest domicile just sent out an update that intentionally badmouths West pilots, and who refuses to let West pilots represent West pilots in disciplinary hearings without USAPA supervision. Additionally, any and all West representation that USAPA is offering is in the form of "liason" positions; i.e. positions that permit involvement but that do not grant requisite control of West contract provisions to West pilots.
Never forget - only USAPA's methods have changed, not their motives.



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Old 05-21-2008, 11:12 AM
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"Here we go again. Does anyone moderate these threads at all?"

Yeah....

I don't see TOS violation here. As always, if you feel a post violates TOS, feel free to use the report post feature and state your case. When you do that, all the mods/admins can see the post and it will be reviewed.
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Old 05-21-2008, 03:24 PM
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What is USAPA doing regarding greivences that were ongoing and handled by ALPA? Did they have a system in place, and if so, are they effective?
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Old 05-21-2008, 03:29 PM
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Just as an opener, I wonder if this merging of seniority lists is being studied by the other legacy carriers (both management and pilot groups).

I think it is a fair statement that the two groups are divided. Some say management enjoys this kind of divide and conquer scenario. However, I would question that saying a disgruntled employee is a costly employee.

Just my two pesos,

FF
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Old 05-21-2008, 05:04 PM
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Originally Posted by FliFast View Post
... I think it is a fair statement that the two groups are divided... Just my two pesos,

FF
Are you talking Mexican pesos or US centavos? I think you should hold on to your Mexican pesos, soon they'll be worth mucho dollares...



Would it be possible to keep the two groups fenced in forever? (except those hired after the merger that is?)
I think this 'marriage' is beyond any repair so unless they go separate ways (is that possible?) maybe they just need to remain two 'de facto' separate airlines?

Also, I must say I have hard time understanding why some think that east USAir pilots are scabs? I dislike ALPA but had they voted for ALPA I'd have respected their vote. They voted against ALPA and are now being called scabs? Really? The key word here is 'vote' - not crossing a picket line. Can someone explain?
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