cactiboss

This is rich:


"Fellow Pilots,

We all recognize that our pilot group has so far been unable to bridge our internal differences regarding the best way to address our collective seniority concerns. Seniority is perhaps the most important issue facing our Union. Not a day goes by that we have not been focused on seeking a just resolution of that issue. I have spoken with many of you about this problem looking for collaborative solutions and believe that it is time for us to think outside the box to resolve the crisis that prevents us as a union from working together to achieve our primary goal -- an industry standard contract. We must find a way for us all to come to an agreement on a single integrated seniority list. I recognize that this is the "electric third rail" at USAPA, but I am prepared to embrace it because I know that tackling this festering, longstanding, and seemingly impossible problem head-on is the only way for us -- all of us -- to move forward.

Every pilot knows that it is our collective failure to find a resolution to this issue that prevents us from moving forward. (While, as we have stated many times, the Company is absolutely free to sign a joint contract at any time, the Company uses the lack of an agreed-upon seniority system as a convenient excuse to delay negotiations.) We cannot be effective unless we are able to work together. No one can realistically believe that we can either reach agreement with the Company on a new contract or persuade the NMB to give us a release unless we find a solution to the seniority issue that has the general support of all our pilots.

There is no magic solution. We cannot sit waiting for some prophet to appear and hand us the answer. Six years have passed since the merger was announced and there has been no resolution.

Likewise, litigation is not the answer. Collectively we have spent too much on legal battles that have taken years without finding any answer. The Declaratory Judgment action may or may not decide either that USAPA has the authority to negotiate something other than the Nicolau Award or not. But even if there is a decision, and even if it comes sooner rather than later, neither alternative will solve the problem. If USAPA prevails, the West pilots will not magically drop their opposition to a DOH-based list. If the West pilots prevail, the East pilots will not magically embrace an award that puts probationary West pilots ahead of East pilots with 16 years of service. We will still need a contract and that contract will still need to be ratified. And no one can realistically believe that ratification is possible unless we agree -- together -- on an integrated seniority list with appropriate restrictions and conditions.

For these reasons, I have proposed to the Board of Pilot Representatives, and the BPR (with the Phoenix Representatives recusing themselves) has agreed, to direct our legal representatives in the Phoenix Declaratory Judgment to ask the Court to urge the parties -- the West Pilots and USAPA -- to enter into a process of mediation aimed at producing a mutually agreeable integrated seniority list. This process would not impose a solution. It would be a voluntary process where parties would mutually agree upon a nationally recognized mediator and any result of the mediation would require the independent approval of both parties. In other words, the mediation could only conclude successfully if both the West pilots and USAPA (representing those pilots not in the "class", i.e., the East pilots) agreed to the mediator's suggested solution. In the event the process did not create a mutually agreed solution, both sides could still avail themselves of the available legal process.

This is a serious proposal. It is not window dressing. Nor should it be taken as a sign that USAPA has any less conviction that the Court will decide that seniority is a mandatory subject of negotiations. Quite the contrary, we are confident of the eventual legal outcome, however we also understand just how long that process may take, and I don't believe any of us can afford to wait for a legal decision that, even if it comes, will not solve our problem.

I believe this process provides the best vehicle for finding an answer. We must find a solution that will permit the majority of all of our pilots, East and West alike, to move forward with a mutually satisfactory seniority solution behind us. Once that has been achieved, we will be able to work together to deal with the true impediment to all of our career expectations: US Airways management that has for so long been indifferent to the needs of our pilot group and would no longer be able to capitalize on the internal issue that has handicapped us all for far too long. The people of Northern Ireland managed to put years of bitter fighting aside and find a solution to a long and violent dispute. I believe that if they can do it, there is something in each of us and all of us that allows us to put aside these years of differences and work together for the good of all. Let's check the intransigent rhetoric at the door; let's go secure our collective future. I urge all pilots - East and West - to support this process and indicate to their Representatives that they do so as well.

Sincerely,


Captain Mike Cleary
President"

Fishfreighter

How about just implementing the Nic award...the BINDING arbitration they agreed to in the first place.

Jay5150

Cacti:

I've kinda lost track of where this whole thing stands. What is going on now? I assume you guys are waiting on a decision from someone about something. Is there a court making a decision on the implementation of the Nic?

iaflyer

it would be sweet justice if they went to mediation, agreed on a list then the West pilots decided they didn't like it and refused to implement it.

trent890

Belongs in the "Union Talk" Forum along with all the other incendiary postings by cactiboss.

hockeypilot44

For who? Now you sound like a West pilot. This will not end for years. The Nic award might have seemed fair at the time, but it is obvious that it is not fair now. In the meantime, I guess both pilot groups are happy with status quo. Status quo means no raises ever and less buying power every year that goes by.

cactiboss

Well the 9th screwed up the situation pretty badly by saying the west could not sue until there was a ratified contract, the company refuses to do that because the west will sue the company for collusion as usapa's proposal have already been found illegal and the company's attorney's have stated that the west would most likely win damages from the company. So the company filed a Declaratory Judgment in phoenix where it is asking for immunity from a lawsuit from the west pilots if it goes along with usapa, absent such immunity the company won't move from the Nic. So usapa has been fighting this suit from going to trial but the judge has shot them down and has given the west pilots class certification, the case scheduling begins dec. 1st and this judge is known for quick work. The reason you see this move to "mediation" is that usapa has fired their law firm and the new lawyers have told them they have a slim to none chance of prevailing in giving the company immunity.

cactiboss

The truth is incendiary all right, hard to believe really what scumbags will do.

cactiboss

Oh I see it was fair then, but because the east has used greater numbers to squash the west it's no longer fair and the east should be rewarded for their actions. I hope you teach your kids better than this.

Jay5150

So hypothetically, if the judge doesn't give the company immunity, then what? The Nic goes into effect? Or does the operation continue separately till everyone with a dog in the fight retires on the same crap contract?