Overall good points, Carl.

I keep going back and forth on this one. In the end, probably not the wisest phrasing. It's not a total screwup like the "our fair share" phrasing on the AF/KL/AZ non-compliance letter or the TC Chinese abortion letter. This one is borderline.

 

So I am Deadheading and ran this by a Grammar Professor who holds a PHD in English Literature. Her reaction was:

 

Can anyone explain how todays TWA update full of "fear tactics and misinformation" counters the DPA printing (August 16) that the "DPA assured the decision makers that DELTA PILOTS DO NOT BEAR ANY INDIVIDUAL LIABILITY in the damages outcome, a position confirmed publicly by ALPA."

It clearly says in Seham's letter to Caplinger that "If ALPA filed for bankruptcy protection, the plaintiffs in the TWA lawsuit would become unsecured creditors, whose recovery would depend on the amount of assets held by ALPA and the number of creditors. In most bankruptcies, unsecured creditors do not recover 100% of their claim."

Caplinger (DPA) says ALPA confirmed we won't pay and his lawyer says that if ALPA filed for bankruptcy that the TWA pilots wouldn't get paid. Why are we still trying to scare the Delta pilots?

 

It really is comforting to know that ALPA (who was proven to not meet their representational responsibilities with TWA) Isn't going to pay damages through a bankruptcy filing.

I feel so comforted by this news. Thank you for sharing it.

 

I could have phrased that better. Why is the DPA still telling Delta pilots they are going to have to pay the bill when all indications are that there's no way they would ever have to do so based on 2 of the DPA documents?

Seham and Caplinger bought up the bankruptcy thing not me. If there isn't enough money (DPA Claim) and we aren't going to be assessed (Caplinger told bank) isn't bankruptcy the only other avenue?

 

Maybe it's time for a new DPA countdown clock.

 

You're confusing individual liability in the damages outcome of the legal trial versus individual liability to help rebuild ALPA's finances. The entity that gave DPA the line of credit needed to know that Delta pilots (as members of ALPA) couldn't be held liable for damage to TWA pilots due to our current membership with ALPA. In essence, could Delta pilots be considered co-defendants in the damages phase. This cannot happen as Lee Seham correctly pointed out as a simple point of jury trial law. With this assurance, the bank issued DPA the line of credit.

That's an entirely different question than whether Delta pilots will have to help ALPA rebuild its finances if the TWA pilots are awarded large damages. ALPA currently has every legal right to special assess all members for special circumstances. If the majority votes to assess all ALPA members for this, then all Delta pilots would have to pay that assessment or risk bad standing.

This is exactly what DPA has been saying, and is exactly correct and consistent.

Carl

 

That is also 100% correct. TWA pilots would become unsecured creditors. So would Delta pilots for that matter.

Isn't it interesting that ALPA has (correctly) criticized USAPA for the unethical practices used to ensure that the Nicolau SLI never got implemented at US Airways. Yet ALPA plans bankruptcy to ensure TWA pilots don't get the damages if a jury awards it.

Carl

 

I thought the DPA threat was being assessed for the lawsuit. You are now saying that it won't be the lawsuit it will be to rebuild finances after the lawsuit is paid?

 

When you lose a civil trial and the damages phase, just saying you "won't pay" isn't a legal option. Not to mention it's rather unethical to say that in the first place.

That is likely correct. TWA pilots would probably only get pennies on the dollar.

Telling Delta pilots what ALPA has actually said and reminding them that we may well be represented by a union in Chapter 11 bankruptcy protection is not scaring Delta pilots. It's being straight with Delta pilots.