America West pilots win permanent injunction
 

To bad I can't attach the whole order, the judge really goes into what kind of scum these usapa boys are, anyway this is the excerpt of the last page. bottom line the Nicolau is the seniority list for usairways and is binding on usapa or any successor union.













IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633
PHX-NVW in favor of the Plaintiffs and the class of all pilots employed by US Airways,
Inc., in September 2008 who were on the America West seniority list on September 20, 2005,
that Defendant US Airline Pilots Association and its officers, committees, representatives,
agents, and all persons in active concert and participation with them are permanently
enjoined and ordered to:
A. 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;
B. Make all reasonable efforts to support and defend the seniority rights provided
by or arising from the Nicolau Award in negotiations with US Airways; and
Case 2:08-cv-01633-NVW Document 594 Filed 07/17/2009 Page 2 of 3
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C. Not negotiate for separate collective bargaining agreements for the separate
pilot groups, but rather negotiate for a single collective bargaining agreement for both
pilot groups that incorporates the Nicolau Award. This injunction does not restrain
USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent
with the previous sentence.
The Court retains jurisdiction to enforce, modify, or dissolve the permanent injunction
portion of this order. The Court retains jurisdiction to adjudicate the named Plaintiffs’
unadjudicated claims for damages and any claims for attorney fees.
DATED this 17th day of July 2009

Please explain to the masses sir, how this order is any different than the transition agreement between the East and the West pilots have from two years ago.

This is a court ordered injunction. Judges take a dim view of people who don't follow their court orders. Usually they put them in jail and access large fines. Unless USAPA wins on appeal which is very unlikely this handcuffs them and forces them to comply or face personal and financial ruin.

Your first post made it sound like the order was some kind of news flash. Nothing has changed.

Your summary of the Us Airways East pilots, is your own "educated" opinion sir, although your words do not advance the public's opinion of a professional pilot.

Isn't it about time for everyone to get along and hopefully save what is left of USAirways?

Nope, negotiations, mediations, arbitration, jury trial, all with the same results are apparently meaningless to the east pilots. I bet they will find themselves in contempt of court by the end of the year, they can't help it.

What a poetic statement Judge Wake made. Here is one of the best parts:

"The union’s obligation to federal labor law includes an obligation to stand up to its membership. USAPA argues that ALPA’s merger policy only requires the union to use “all reasonable means” to implement the Nicolau Award, but this phrase is quoted out of context. The policy requires the union to use “all reasonable means . . . to compel the company to accept and implement the merged seniority list.” [MP Pt. 1.I.1.] It does not
allow the union to capitulate to an abusive majority.12
This principle goes to the core of union politics and bargaining assumptions. A union is required to explain agreements to union members prior to a mandatory ratification vote. White v. White Rose Food, a Div. of DiGiorgio Corp., 237 F.3d 174, 183 (2d Cir. 2001). Before and after its election, USAPA has misled the majority about its power to improve their seniority prospects at the expense of the West Pilots. The will of the East Pilots springs from a mistaken understanding of the law and mismanaged
expectations. If this is an impasse, it is one USAPA goaded on.
If the membership were correctly advised on the limits of fair representation that constrain the agreement—and all the collective bargaining of every union—then they would perceive no incentive to hold out for an improper bargaining objective. Those employees would be left with a choice: To vote in favor of ratifying a single CBA that incorporated the Nicolau Award, or to vote against it. What they could not do is vote against it and expect the next CBA or the next union to violate the duty of fair representation in the very same way as the first one could not. In effect, USAPA claims
that the East Pilots hold such strong objections to the Nicolau Award that they always will vote as a bloc against any new CBA with it, enjoying the self-denial of a single CBA with improved wages and working conditions into perpetuity. Even if this unbelievable story is believed, it only means that the East Pilots have the power of self-inflicted harm. It does not mean that the union’s duty of fair representation falls victim to self-hostage- "
Case 2:08-cv-01633-NVW Document 593 Filed 07/17/2009 Page 32 of 53

I invite you and anyone else to read the full findings of the court attached to the injunction, it really highlights the criminal cowardly actions of the east pilots and their leaders, who knowingly broke the law and tried to hide it causing great harm to the west class, and btw damages are still accruing and there's the little matter of the $50 mil we will be seeking from you boys when damages trial starts.

What harm has the west really suffered in all this? Seems like you must've saved some money on union dues at least.
(And please, by all means, you go ahead and take this one 'Boss. Maybe you can find some new names to call me that are a clever play on the word 'East').

When he's done, maybe there's an adult out there who can give me a straight answer to what I intend to be a serious question.

"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."

.....Picks up beer and moves away from bar......puts back to wall.....

Lost wages (east pilots purposely blocked negotiations), furloughs, downgrades. Read the court transcripts and testimony from east alpa's official regarding torpedoing significant raises on purpose

"The jury has found USAPA liable to Plaintiffs and the represented class. Damage proceedings remain for the six named Plaintiffs, except for the claims for general refund of union dues and fees, which have been denied as a matter of law. "

Here, we find the east pilots complaining that ALPA torpedoed the UAL/ USAir merger:

"They also complained that more than a decade ago ALPA, instigated by other
pilot groups, subverted a merger that would have benefitted US Airways pilots."

This is such interesting insight into a malcontent group of bitter airmen- blame everyone except that person staring back at you in the mirror. What a way to live life.

Has there really ever been any doubt as to how this would eventually end? Sad really to not have the honor to abide by the results of a binding arbitration process that was agreed to beforehand...no matter how distasteful one may find the result.

Its ashame that the Pilots of US Airways have had to go down this path. These last few years have only divided the pilot group and will make it difficult in the future for the company to integrate the two groups. This has costs the pilots on both sides alot of money. East lawyer fees comes out of membership dues that both West and East pay, while the Wests lawyer fees come out of the pocket. What a shame, so much money wasted, along with so much left in the hands of the company.

Hopefully, the group can move forward, but I doubt it.

The Nicolau Award clearly stinks from an easties perspective. Otherwise they wouldn't have been willing to wallow in the muck they've been in for the last few years.

But it seems that the slim chance they ever had of reversing it are extinct.

So the majority block must be juinor to the minority block - that seems to be an opportunity.

How does equal pay for FO's and Captains sound?

There are about three million RJs flying in US colors; while even one of them is left, an ironclad no furlough clause ought to be a requirement.

Reserve, min days off, Junior manning, etc; you've got the votes - you should have a contract with the best conditions for junior pilots, ever.

Best of luck guys.

Sad indeed
 

I don't really have a dog in this fight, however I do have an observation or two.

1) I get the feeling that this is so important to the US Air "East" pilots, the people affected are more than ready to run the company into the ground before conceding to this Nicolau decision.

2) Although legally binding arbitration, perhaps a way of progressing further and saving the company much heartache(not for the company's sake, but for their own career's sake), I think it would be in the interest of former America West pilots to try and come to some middle ground on this. If that doesn't happen, I wouldn't want any family member of mine flying on any US Air flight with a combined crew(East with West). Although I know both sides have very professional pilots, I think it would create such a "hostile" work environment which could potentially be unsafe. I'm not saying I think anyone would do anything crazy, but from a CRM perspective, I don't think there will be much between a East/West combined crew as a result of this.

I don't see anything good that will progress from this. Maybe both sides could sue US Air for creating a hostile work environment? Maybe that would be something.

How’s it going to feel when the USAirways LOA expires in December and the proverbial shoe is on the other foot? Do you really think that the USAirways pilots will be in a hurry to negotiate a new contract if they are the ones making more money? Based on the fact that they did not do so while making less money, I would say either the company had better be ready to make it worth their while or the West pilots will have to agree to fences. I suppose one can believe that there is a way that a judge can MAKE the pilots agree to a joint contract, but I sure do not see it. How can a judge insert himself into labor negotiations? Can the judge MAKE USAirways management pay a certain wage? How will this litigation be enforced when the contract must be voted on? The Nic award, in its present form, has such horrendous consequences for the USAirways pilots; it is hard to see them ever voting “yes” to ANY joint contract. USAPA has been ordered to “Immediately, and in good faith, make all reasonable efforts to negotiate and implement a single collective bargaining agreement.” Does USAPA have the power to make the company pay the USAirways pilots enough to make them sign a joint contract? Most likely, USAirways will go belly up or merge and that is how this will end.

I'm with justjack on this.

I also have no dog in this fight but do know a few easties. If any west pilot thinks they have won anything- I think they are sadly mistaken.

The east pilots will never vote any contract in with the NIC included(and there is no way for a judge to enforce a favorable vote outside of Ch11), a middle ground or merger or split off of the two groups will be required to end this.

IMHO

Your very wrong about what a judge can and can't do. Ask any Delta pilot who said they could not be forced to work overtime. The judge has laid out very strict rules on what USAPA had to do and what they can ask and negotiate for. They must negotiate to impliment the Nic award. If the judge felt that they are not negotiating in good faith the fines could very quickly total large amounts. If they so much as mention a strategy to not impliment the nic award you will see USAPA officers in jail. Its sad but the power of a judge to impliment a court decision is almost unlimited.

Were there any post-merger US Airways pilots hired before this economy collapsed (i.e. neither East or West pilot?)? It would be interesting to hear a "neutral" pilot's perspective, but from the inside.

Im not talking about USAPA making any statements or planning to aid in not implementing the NIC, but the likelihood of the pilots voting on a contract with it are slim to none.

The judge still has jurisdiction over this case. He could in theorey break the log jam by unilaterally implementing the Nicolau Award today. Just a hunch, but I think he's giving USAPA an opportunity to negotiate a TA and implement the Nicolau award first, if that fails or if USAPA doesn't act in good faith then I suspect the judge will unilaterally implement the Nicolau award with or without a JCBA.

The Judge understands what's going on here.

"Before and after its election, USAPA has misled the majority about its power to improve their seniority prospects at the expense of the West Pilots. The will of the East Pilots springs from a mistaken understanding of the law and mismanaged expectations. If this is an impasse, it is one USAPA goaded on." Judge Wake

Hard to find a "neutral" one since the new hire classes were also split into east and west.

My buddy was hired into the west and thinks this is all bullsh*t, but I'm pretty sure thats what any normal person not throwing a tantrum would think.

Do I think the Nic award was fair? No.

But there are a lot of things that aren't fair when it comes to this business. Yes the easties have been getting bent over of most of their entire airline careers, but their is no question that the way they have decided to "stand up" for themselves is beyond slimy.

The westies didn't screw anybody over...they are just fighting for what was found to be rightfully theirs.

It is clear the East has made this personal and forgot who is truely to blame...unfornately the law/a judement is a hard thing to go up against.

Good luck to all...things aren't looking good. Even without the squabble.

Yea, but if this all falls apart and turns into an internal war then Congress and the Obama Administration will step in and make it all better by appointing an "Airline Czar" to magically fix it. You know, just like they are fixing the rest of our economy.................:o

........picking up my beer and walking away from the bar too............

Boeing717Driver

I am confused.

What about the Nicalau Award is there to "implement" as the judge indicated?

The judge has ordered it is the seniority list of combined USAirways pilot group (if am reading the legal stuff correctly). The only thing that has to be done is that the award is marched into the director of flight operations at USAirways with "here is our seniority list" and there you go. My understanding is that USAirways left seniority integration up to the two pilot groups. They couldn't do it. Nicalau did it for them. There is one list in existence that USAirways will have to recognize.

What kind of dog and pony show is needed for the "union" at USAirways to implement the award??

Is the judge going to FORCE the USAirways pilots to ratify a contract? Really? Is he going to order up their wages, vacations, retirement, and benefits in consideration? The judge is going to assess the value of these things and let USAirways Inc. know what it is, and oh by the way, force the company as well as the pilots to comply? REALLY? He is going to “implement the Nic award” and pay scale? Under what conditions? Let’s see- in the new contract the majority wants the company to pay copilots $1 an hour less than captains, but also based on years with the company. WOW, they’ll take it! Is the judge going to implement this contract? The West pilots can sue USAPA till the cows come home, but they cannot force the USAirways pilots to ratify a contract. And IF the America West pilots had such benevolent intentions, wanting only what is rightfully theirs, why do not they agree to fences and end this BEFORE it is ended, F-O-R-E-V-E-R?

Everyone could get along if the East pilots had just respected the arbitrator's ruling. An arbitration they AGREED to.

Yep. It all could have been avoided if the East guys had just accepted the arbitration.

Too bad. That's what happens when you agree to abide by an arbitrated decison. Ask Alaska pilots about their "Kasher" award.

Are you kidding? They've "won" the arbitrated seniority list they were entitled to under the Nicolau Award.

Exactly. And the judgment that the East pilots CANNOT negotiate two separate contracts.

A Joint Collective Bargaining Agreement.

The East pilots claim they want to "burn it down" before they will accept their final and binding arbitration award. Right now, it looks like they will get to press to test that claim. LCC has not been able to operationally integrate the company and that is part of the reason why they face such an uncertain future.

The first officers complain their upgrades will be delayed a few years under the Nicolau award. I am not sure they will ever get the chance, at least not at a company called US Airways. Maybe they will get to see how the APA treats their merger partners.

The USAPA leaders is the one group capable of providing worse leadership skills than the old East MEC. They have allowed their pilots to drive themselves into a ditch. I don't think there is any recovery for them now. My first guess is a Chapter 11 or more likely 7. The next guess is a merger with AMR, and they shuck off about half the company. The last guess is a fragmentation or asset sales followed by Chapter 7. Either way, their future looks dark and they are partly to blame for their own troubles.

Sad, all the way around.

I know it is hard to understand, but when a person gives away their retirement and pay in order to save a company, seniority becomes the last stand. This is not merely a legal dilemma. It also has moral implications. So yes, the USAirways pilots must see this through to the end. The company lived to see another day, that lead to a merger (we must remain cognizant that we are referring to a merger) resulting in the very thing that was feared most- lost seniority. Add to this to the fact that the USAirways pilots have labored under a bankruptcy contract, for years, in defending this seniority. Their fellow pilots are not happy achieving with what their own airline had, what they earned, but are behaving as if the East pilots’ seniority was something to be plundered- Fellow pilots were not not considered colleagues, not brothers, not members of the same profession or union, not even human beings. Seniority was to be looted as if profits extracted as a result of the spoils of war.

There was no lost seniority. The problem the east pilots have is the total lack of leadership at both their MEC and now USAPA. Neither the MEC or USAPA has come clean with the east pilots. Your DOH determines your seniority number at the company in which you were hired, your DOH is not your seniority number. When airlines merge, seniority is integrated, not DOH. The failure of the leadership to stand up to the mob mentality which spawned USAPA has now probably doomed the airline. There are no principles that USAPA is upholding other the the tyranny of an abusive majority.

Ding, Ding, Ding. Weeeeee have a winner! It figures an Alfa guy would figure it out. Used to have a 62' myself. The Nic will be implemented for the Airways side and APA will eat USAPA for lunch. 40-70% of former US/AWA pilots go bye bye. Very sad, but it's probably the only way to save what's left of US Airways/AWA. Maybe I could get a recall to American in about 20 years.

APA-USAPA- two Different unions. McCaskill-Bond provision

Maybe so - but USAPA will show up to that fight with the Nicolau award already in hand. That's the list that will be merged with the current APA list.

Very true, however the Nic list would be the one worked from to integrate the USAIR pilots.

The list is already been accepted by USAIR management. It is the list at USAIR. It has no actual relevence until they have a joint contract since each side works only within their system.
The big hammer on USAPA to get a joint agreement will be how the damage award is structured. It could be ongoing until a new contract is signed which could lead to huge numbers.

Many people have posted about the east pilots voting down any contract with the merged list.

This implies that pilots have an absolute right to vote on a new contract.

For many years, at many airlines, pilots did not get to vote on the contracts. Only the MEC officers got a vote.

That has changed recently at most airlines, but my point is that there is nothing in the law that requires a membership vote to sign a new contract.

Joe

I have a buddy from the west side that is on furlough right now that shouldn't be and wouldn't be if it wasn't for this mess.