Summary of Class Action against ALPA

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Quote: Two questions.

What court is hearing the case?

What damages are you seeking?
1. United States District Court, Western District of Tennessee

2. Damages are outlined in the post above: "What exactly will we gain by suing?"
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Quote: I'm not a FedEx pilot, but could you expand upon how your TA2015 contained "drastically lowered retirement benefits" compared to your previous CBA?
We are not going to litigate this lawsuit on APC. The factual allegations are in the lawsuit.
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Quote: 1. United States District Court, Western District of Tennessee

2. Damages are outlined in the post above: "What exactly will we gain by suing?"
So the damages are $105m?
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Damages
Quote: So the damages are $105m?
$105 million are the damages for the Pay rates and Signing Bonus.

The damages for Retirement and the Sick Leave Buy Back (SLB) are not known at this time.

We will ask the Court to amend the Complaint if any other issues come out of discovery.
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Quote: I'm not a FedEx pilot, but could you expand upon how your TA2015 contained "drastically lowered retirement benefits" compared to your previous CBA?
Essentially the A Plan has been capped at 50% of $260k since at least contract 2006 (maybe all of our contracts). Not much of big deal before but now most Captains and some FOs can exceed the cap.
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Quote: We are not going to litigate this lawsuit on APC. The factual allegations are in the lawsuit.
Funny, Seems like just that is being done, or at least now in the court of public opinion. But if its on APC, its validated. I'm sure an honest and forthright discussion will take place here in a gentlemanly manner.
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Quote: Funny, Seems like just that is being done, or at least now in the court of public opinion. But if its on APC, its validated. I'm sure an honest and forthright discussion will take place here in a gentlemanly manner.
We do not see APC as a "court of public opinion". Social Media is a recognized important communication and information medium. Just look at FaceBook.

The information posted from "ClassActionALPA" is from the named plaintiffs; that I can verify.

This is a serious lawsuit. It is NOT frivolous. We can expand on some information from the complaint; some we cannot. Please don't take this as shunning or disregarding anyone's questions.
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Quote: Question 5: I’m not a named Plaintiff, so I will receive damages if they are judged or there is a settlement?

Answer: Yes - All FedEx Express pilots on the seniority list during the 2015 TA ratification are represented. If there is a judgement or settlement for damages, all of these pilots are included.
Not true. Not all of us will be represented.

If you get certified I intend to request exclusion from the class under FRCP Rule 23(c)(2)(B)(vi).

I will not be a party to this. You and your counsel did not receive my permission to represent me, and I intend to make that clear to the court.
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Quote: Not true. Not all of us will be represented.

If you get certified I intend to request exclusion from the class under FRCP Rule 23(c)(2)(B)(vi).

I will not be a party to this. You and your counsel did not receive my permission to represent me, and I intend to make that clear to the court.
A letter will be sent to all pilots with the option to "opt out". This is normal procedure for all Class Action lawsuits.

A pilot that "opts out" will then receive no payment if damages are judged or there is a settlement.
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Quote: Question 3: Don't we fund Fedex ALPA, so won't we be just draining any funds left in our ALPA account and need to increase dues to cover the short comings?

Answer: No. This lawsuit is against ALPA National. ALPA National will have to defend against this lawsuit. There will be no drain of our FedEx ALPA funds that we are aware of.

Additionally, in the $53 million dollar settlement of Brady vs. ALPA, Lee Moak, then ALPA National Chairman, made the following statements:

“Despite speculation, the facts are as follows:

- Your dues will not go up. In fact, your dues rate went down on January 1, 2014 as planned.

- There will be no assessment of our membership. You bear no personal liability for the settlement.

- The settlement will in no way impair or affect ALPA’s ability to continue its tireless advocacy on your behalf.”

Reference: Brady Info > Home
Well that's a relief. We won't be draining our funds. We'll just be draining the funds from thousands of non-FedEx ALPA members all over the world who pay into ALPA national. That ought to make jumpseating on other ALPA carriers a lot of fun. Aside from Bernie Sanders, does anyone really believe there are huge pots of millions of dollars sitting around that can be tapped into without having adverse consequences that spread far and wide?
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