It was a fair award. The East pilots suffered from unrealistic expectations and weak leadership. The East MEC should have informed the membership that DOH was not consistent with the stated goals of ALPA's merger policy. Their inability to get off their DOH position caused them to lose credibility and marginalized them in arbitration.

We've now had two large mergers, using different arbitrators, both have interpretted ALPA policy the same way and ratioed the lists by similar categories.

 

The text quoted comes from court filings.

USAPA filed a lawsuit in NC state court against 18 AWA pilots under the RICO statutes alleging all manner of disruptive behavior meant to harm USAPA.

The complaint was not only dismissed, but dismissed "with prejudice", meaning USAPA is precluded from modifying and refiling the complaint in the same court.

They have yet to refile the complaint in any alternate jurisdiction.

 

What the east pilot (all41) posted was simply a portion of the complaint their lawyer filed in NC Federal Court (the complaint was dismissed, with prejudice- an event which happens when the plantiff is making a mockery of the judicial system). These people out east, at least some of them, have tremendously creative imaginations and unfortunately events like the RICO suit have only held up the consolidation of the two pilot groups. USAPA has done numerous other actions against west pilots, but the RICO suit by far trumps a lot of what they have done. It is an unfortunate situation for the many level- headed pilots, both east and west, are caught up in.

 

Congratulations, it's nice to see that the justice system still works somewhat. Best of luck with the seniority list, I really mean it. The good news is that, most of the bitter ones from the east will be gone in the next 10 years age 65 or not.

 

Dismissed with prejudice, means the complaint made against AWAPPA no longer can be considered in Federal Court as a Rico. It is still being pursued in State Court.

The Judge stated these are serious accusations about the conduct of the America West pilots and State Court would be the proper venue.

The Judge stated;

"The Plaintiff’s (USAPA) Amended Complaint raises
serious allegations against the Defendants (America West Pilots); it alleges acts of intimidation, harassment, and other threatening behavior against the Plaintiff (USAPA)and its members.

While the Court has concluded that such actions do not come within the purview of RICO, it may well be that a Court of appropriate jurisdiction will conclude that such actions do constitute violations of state law and that injunctive relief is warranted to prevent this type of conduct from continuing."

 

Seems to me the judge labelled the allegations as serious, not legitimate.

Dismissed with prejudice.

 

When the Rico was filed, the conduct of the America West Pilots changed dramatically. They stopped the harassment, which included sending human feces in the mail to USAPA reps.

The local Sheriff in North Carolina, where USAPA offices are located, has no jurisdiction in Phoenix, Arizona. These complaints in federal court, were meant to send a very quick message that cost the individual West pilots a lot of money (they were not backed by AWAPPA) to deter this conduct in the future and it succeeded.

 

Look the above legal jargon in a dictionary, do your own research. The legal system in this country is quite complicated. There are local, state and federal laws.

 

I have to be fair: I have no intention of discovering the nuances of the legal system to argue the specifics. This is because I think USAPA has long ago lost the moral and legal high ground. If finding small technicalities gives you sollace, and the illusion of being right on some minor issue, then good for you. It's a research project I won't participate in.

I don't envy the East pilots. It's a very hard thing to admit UsAir was driven into the ground a long (long) time ago. It's a hard thing to admit that you were taken over by America West. It's a hard thing to admit that the West pilots had a chance of being around, but you probably didn't. As such, it's hard to concede that you neede to make hard choices, and compromise in arbitration.

Unfortunately, any attempt to delay this ultimate recognition only pushes the East group into more and more neurotic behavior. Meanwhile, and as you fail to accept this painful truth, you actually somehow manage to make it worse.

I'm sorry this industry is where it is, and I'm sorry you're on the bottom end of this sorry state of affairs, where even highly organized, and very unified groups don't get much at all. And since wallowing in your filth can't possibly result in a unified group... I think your destination is painfully clear.

 

Excuse me Dr Freud,

At first when I started reading your diagnoses of my inability to access my reality, I laid on the couch in simulation of your comments.

Trying to understand your Psychotherapy type approach to questioning if I was breast fed or not type research in to my phycic, I got back up again and wondered in amazement. Was there some type of relevant information, comment, question and most importantly a point in the post you made?