Binding still means binding in the USA
 

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.
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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.

Assuming you are awarded damages, once the seniority list is done and you are part of USAPA, will you have to pay part of the damages to yourselves?

Probably the only bit of good news this week.

Congrats.

Will the west guys who had not been paying dues repay them or not once the list is settled?

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.

Cactiboss,
As an outside observer. Do you believe leaders from both sides can be identified to ultimately rebuild an effective union that will represent all?

Binding or not, the award was and is not fair. If it was, you would not be in the current situation. It will probably stick, but the damage has already been done.

What's "fair" is subjective. The award was decided by a neutral party.

I don't think so, you must remember that the east pilots started usapa to destroy the west, the unions very own cbl's are designed so that the west can never be represented. I'll give you an example even though the west is 44% of the group, the cbl's require a 50% plus one vote for any officer, if someone doesn't get that the there is a run off, this was designed so that it would be impossible for a west guy to ever win office, also the their leadership board is designed so that the west could never have enough seats to do anything ex. east 2400 pilots 11 seats, west 1600 pilots 2 to 3 seats.(even though phx is largest domicile by two to one). The east pilots are on a total jihad and have lost all rational thought, short of a merger that dilutes the east's numbers, I don't see this ever being repaired, east captains are losing about $60 k a year just off the last company proposal from 2007.

"east captains are losing about $60 k a year just off the last company proposal from 2007."

East narrow body captains are making 125.00 an hour now. You are saying that the Company proposal was for 185.00 per hour??? Where was that proposal when I was reading??? Do you have a copy??