Binding still means binding in the USA
06-29-2009, 02:03 PM
#41
Gets Weekends Off
Joined APC: Jun 2009
Posts: 5,113
Originally Posted by all4114all
You did not bend over because of me sir, you wanted something for nothing.
I didn't want anything for nothing. I paid my dues, like everyone else. You butchered contracts in a way that let Ornstein in, and Allegheny, and Piedmont, and... I think there were 11 regionals when I was there.
So when it came to be my turn to try to claw my way to a decent job, the way up was through the regionals, or the military. Period.
06-29-2009, 02:06 PM
#42
Gets Weekends Off
Joined APC: Jun 2009
Posts: 5,113
Originally Posted by all4114all
What is the current transition agreement for Us Airways, former Mesa Pilot now Delta expert?
06-29-2009, 02:09 PM
#43
Gets Weekends Off
Joined APC: Nov 2006
Posts: 259
Originally Posted by Sink r8
I see you edited, but it doesn't seem to be working: you're stooping lower and lower now.
I didn't want anything for nothing. I paid my dues, like everyone else. You butchered contracts in a way that let Ornstein in, and Allegheny, and Piedmont, and... I think there were 11 regionals when I was there.
So when it came to be my turn to try to claw my way to a decent job, the way up was through the regionals, or the military. Period.
I didn't want anything for nothing. I paid my dues, like everyone else. You butchered contracts in a way that let Ornstein in, and Allegheny, and Piedmont, and... I think there were 11 regionals when I was there.
So when it came to be my turn to try to claw my way to a decent job, the way up was through the regionals, or the military. Period.
06-29-2009, 02:20 PM
#44
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Joined APC: Jun 2008
Position: Reclined
Posts: 2,168
Originally Posted by cactiboss
The Judge has said we have to pay dues, but will be exempt from any damages awarded, in other words if we win damages usapa must bifurcate the west class dues from the damages. As of right now we are challenging their germane dues, the average germane dues are 65 to 80% usapa has an unbelievable 95% germane rate. Oh yeah 50% of their budget goes to the law firm that keeps telling them they can still overturn arbitration with plans to appeal to the us supreme court.
Sounds like the USAPA, and the APA have alot in common...
mostly poor legal advice, and lots of emotion....
06-30-2009, 01:52 PM
#45
Gets Weekends Off
Joined APC: Feb 2006
Position: B737 CAPT IAH
Posts: 1,130
Originally Posted by cactiboss
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don Addington; John Bostic; Mark
Burman; Afshin Iranpour; Roger Velez;
Steve Wargocki,
Plaintiffs,
vs.
US Airline Pilots Association; US
Airways, Inc.,
Defendants.
__________________________________
Don Addington; John Bostic; Mark
Burman; Afshin Iranpour; Roger Velez;
Steve Wargocki, et al.,
Plaintiffs,
vs.
Steven Bradford; Paul Diorio; Robert
Frear; Mark King; Douglas Mowery; John
Stephan, et al.,
Defendants.
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No. CV 08-1633-PHX-NVW
(consolidated)
ORDER
CV08-1728-PHX-NVW
The Court has composed the following draft language for the injunction order against
USAPA in this case. This language is published to the parties for any comments or
objections they wish to make before the order is entered.
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In accord with the foregoing and the entire record in this action, it is
hereby ordered that Defendant USAPA and its officers, committees,
representatives, and agents shall immediately, and in good faith, make all
reasonable efforts to negotiate and implement a single collective bargaining
agreement with US Airways that will implement the Nicolau Award seniority
proposal unmodified, according to its terms. Defendant USAPA and its
officers, committees, representatives, and agents shall immediately, and in
good faith, make all reasonable efforts to support and defend the seniority
rights provided by or arising from the Nicolau Award in negotiations with US
Airways. Defendant USAPA shall not negotiate for separate collective
bargaining agreements for the separate pilot groups, but shall rather negotiate
for a single collective bargaining agreement that incorporates the Nicolau
Award.
The Court retains jurisdiction to modify or dissolve this order upon
motion of any party.
IT IS THEREFORE ORDERED that counsel for both parties may submit any
comments and objections relating to the Court’s proposed injunction language on or before
June 30, 2009.
DATED this 25th day of June, 2009.
Damages trial starts Aug 11th, asking for $25 mil a year in damages.
FOR THE DISTRICT OF ARIZONA
Don Addington; John Bostic; Mark
Burman; Afshin Iranpour; Roger Velez;
Steve Wargocki,
Plaintiffs,
vs.
US Airline Pilots Association; US
Airways, Inc.,
Defendants.
__________________________________
Don Addington; John Bostic; Mark
Burman; Afshin Iranpour; Roger Velez;
Steve Wargocki, et al.,
Plaintiffs,
vs.
Steven Bradford; Paul Diorio; Robert
Frear; Mark King; Douglas Mowery; John
Stephan, et al.,
Defendants.
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No. CV 08-1633-PHX-NVW
(consolidated)
ORDER
CV08-1728-PHX-NVW
The Court has composed the following draft language for the injunction order against
USAPA in this case. This language is published to the parties for any comments or
objections they wish to make before the order is entered.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
In accord with the foregoing and the entire record in this action, it is
hereby ordered that Defendant USAPA and its officers, committees,
representatives, and agents shall immediately, and in good faith, make all
reasonable efforts to negotiate and implement a single collective bargaining
agreement with US Airways that will implement the Nicolau Award seniority
proposal unmodified, according to its terms. Defendant USAPA and its
officers, committees, representatives, and agents shall immediately, and in
good faith, make all reasonable efforts to support and defend the seniority
rights provided by or arising from the Nicolau Award in negotiations with US
Airways. Defendant USAPA shall not negotiate for separate collective
bargaining agreements for the separate pilot groups, but shall rather negotiate
for a single collective bargaining agreement that incorporates the Nicolau
Award.
The Court retains jurisdiction to modify or dissolve this order upon
motion of any party.
IT IS THEREFORE ORDERED that counsel for both parties may submit any
comments and objections relating to the Court’s proposed injunction language on or before
June 30, 2009.
DATED this 25th day of June, 2009.
Damages trial starts Aug 11th, asking for $25 mil a year in damages.
Might be very interesting to read given current events such as RAH and F9, etc.
One thing I am sure of is that any future arbitrations will use that as reference along with the requirement to envoke Allegheny-Mohawk precedent.
Thanks
Lee
06-30-2009, 06:35 PM
#46
Gets Weekends Off
Joined APC: Nov 2006
Posts: 259
PHOENIX DOMICILE UPDATE
June 15, 2009
June 15, 2009
Section 29
The deal is USAPA will send out 50 randomly selected names per week. The only options will be to pay the entire bill or contact xxxx xxx to arrange a payment plan. The payment plan is pay a 10% fee; you waive your rights to appeal section 29. Agree to dues check off and pay the total in three months. With a minimum payment of $500 per month. Plus a $100 fee to be placed in good standing. According to the constitution that it will be a 30 day wait to be placed in good standing.
Example: If you owe $2000.00
- Option 1: You can write a check for $2100.00 fill out an application, wait 30 days and be placed in good standing.
- Option 2: Payment plan. Your total will be $2300.00 plus a dues check off form.
- $100 reinstatement fee.
- 10% carrying charge.
If you chose not to pay the $100.00 fee you still owe $2200 over three months or $2000.00 all at once. But will be in bad standing. Not really worth it not to be able to exercise your rights as a member.
These numbers are for a member. As an objector that $2000.00 would be $1880.00. A savings of $120.00.
The germane expenses have been determined to be 94.1%. So for a savings of $10 per month you give up your federal rights as a member. You give up your right to vote and your ability to influence the direction of the association. Section 29 gives USAPA the contractual right to collect fees. That extra $10 per month for a captain is well worth the cost of becoming a member. Reluctant or not now is the time to fill out an application and exercise your rights.
Please understand this is the last chance. USAPA is coming for your money or your job. PERIOD!
Your reps brought up the Susie arbitration and the Addington remedies. The S/T was unsympathetic to this situation. We asked about refunds or even delaying until the arbitrations. This was a non-starter.
This is the end. It is time to pay.Contact the Dues Collection Committee at ... ;;; ''''''
In Solidarity,
xxxx xxxxxx
Last edited by all4114all; 06-30-2009 at 06:58 PM.
06-30-2009, 06:44 PM
#47
Gets Weekends Off
Joined APC: Nov 2006
Posts: 259
After receiving the imminent threat above, the America West pilots issued the following update to its pilots below.
They suddenly decided it was a good idea to join USAPA. What a coincidence.
Army of Leonidas recent update;
"We will also be releasing an update very soon that discusses the merits of joining USAPA. In a nutshell, we want to emphasize that we in the West have a unique opportunity to join with a growing number of East pilots who are ready to repudiate the Bradford-Cleary debacle that has been so harmful for all US Airways pilots. The time is now to set aside emotions and work towards a common goal. We will explain our position fully in our Sunday update, but for now consider what we have just said about joining USAPA and paying dues."
They suddenly decided it was a good idea to join USAPA. What a coincidence.
Army of Leonidas recent update;
"We will also be releasing an update very soon that discusses the merits of joining USAPA. In a nutshell, we want to emphasize that we in the West have a unique opportunity to join with a growing number of East pilots who are ready to repudiate the Bradford-Cleary debacle that has been so harmful for all US Airways pilots. The time is now to set aside emotions and work towards a common goal. We will explain our position fully in our Sunday update, but for now consider what we have just said about joining USAPA and paying dues."
07-01-2009, 11:45 PM
#48
Gets Weekends Off
Joined APC: Apr 2006
Position: 737/FO
Posts: 222
I can't wait for the 'damages' judgement and hearing how unfair it is. The UASAP lawyers will tell their membership that it can be appealed and continue to get their money on false hopes. Although this is supposed to be a UNION, it more closely resembles a nasty divorce. The lawyers win whichever way it goes and the USAPA members don't even see it. Is that ignorance, greed or stupidity? I can't decide.
07-06-2009, 08:02 PM
#49
Gets Weekends Off
Joined APC: Nov 2006
Posts: 259
Originally Posted by Spanky189
I can't wait for the 'damages' judgement and hearing how unfair it is.
"By request of the Plaintiffs (America West Pilots), the damages trial will not take place August 11th. The aggressive timeline proved too aggressive as all parties were falling behind in the discovery process. Additionally, USAPA counsel resumed his normal course of business by utilizing the federal court's Electronic Filing Service ad nauseum. We must respond to each filing in addition to moving the discovery process along. The original trial was scheduled to last only four days, and our attorneys felt that we would need at least six days to effectively litigate damages. Therefore, we asked Judge Wake to continue the damages trial and we hoped that a new slot in the judge's calendar could be found soon after August but with at least six days available. Unfortunately, nothing was available on Judge Wake's schedule until January 19, 2010. So, the damages trial has been continued until then."
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