Injunction against USAPA

SlumTodd_Millionaire

SlumTodd_Millionaire

Most Hated Member
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.
 
Excellent indeed.

They past year has been a waste of time only to come right back to where they should have been.
 
About damn time... :) Very glad to hear this news. Maybe things can actually get "better" at USairways now :) Or I am very hopeful at least.
 
Since USAPA was formed for the express purpose of getting around the Nicolau award what is going to happen to it, I wonder?
 
Phuz said:
I believe usapa leadership stated that their intention was to appeal it all the way to the US Supreme Court if necessary.
Click to expand...

Wow. How patient are the members going to be, particularly the top 500 guys that would get the top spots in the combined list, with continuing the strategy that is consistantly losing in court? I would think that at some point it is better to cut bait.
 
WacoFan said:
Will USAPA appeal this, or is it pretty much game over?
Click to expand...

They intend to appeal with the circuit court of appeals, which is very unlikely to overturn the ruling, and then they intend to appeal to the SCOTUS, which is very unlikely to even agree to hear the case. It will drag out for a while longer, but they're pretty much screwed now.

WacoFan said:
Wow. How patient are the members going to be, particularly the top 500 guys that would get the top spots in the combined list, with continuing the strategy that is consistantly losing in court? I would think that at some point it is better to cut bait.
Click to expand...

I would bet that USAPA will go bankrupt before the Easties tire of this ridiculous battle. They're pretty dug-in. Most of them have convinced themselves that they would rather live under this draconian concessionary contract until they retire rather than accepting the Nic and getting huge raises and improved work rules in a new contract. Pure insanity.
 
ATN_Pilot said:
They intend to appeal with the circuit court of appeals, which is very unlikely to overturn the ruling, and then they intend to appeal to the SCOTUS, which is very unlikely to even agree to hear the case. It will drag out for a while longer, but they're pretty much screwed now.
Click to expand...

ALPA did tell them, when it fine-tooth-comb reviewed Nic for any and all discrepencies that USAir wanted found, that there was nothing to find and that they should accept it. Now USAPA is paying for not listening to that.

I would bet that USAPA will go bankrupt before the Easties tire of this ridiculous battle. They're pretty dug-in. Most of them have convinced themselves that they would rather live under this draconian concessionary contract until they retire rather than accepting the Nic and getting huge raises and improved work rules in a new contract. Pure insanity.
Click to expand...

IMO, USAPA not wanting Nic is a planned move to keep two separate certificates operating, whereby east can recall furloughlees and keep west from any expansion, thus taking care of itself while resulting in the eventual demise of west.

I also think east is holding out for some sort of snap-back to pre-9/11, pre-concessionary payrates by holding out on accepting Nic. IIRC, USAir is still operating under the LOA 93 payrates, with most of the guys topped out?
 
MikeD said:
IMO, USAPA not wanting Nic is a planned move to keep two separate certificates operating, whereby east can recall furloughlees and keep west from any expansion, thus taking care of itself while resulting in the eventual demise of west.

I also think east is holding out for some sort of snap-back to pre-9/11, pre-concessionary payrates by holding out on accepting Nic. IIRC, USAir is still operating under the LOA 93 payrates, with most of the guys topped out?
Click to expand...

Sad thing is both sides need to realize that they are ONE company. Any expansion will happen as a company and cannot happen until there's one list. Any increase in QOL and pay cant happen until there's one list. However you just have some major idiots who are wanting to be so damn stubborn and not do what's best for a company and a pilot group. Not that I want it to happen because it'd mean me out of a job as well, but it would almost serve these idiots right by having airways fold and them all being without jobs. Wonder what many of them would do then? Maybe realize, "Oh I was acting like a moron about this whole ordeal." Or would they be so detached from society and on goings to realize the job market has dried up???
 
MikeD said:
I also think east is holding out for some sort of snap-back to pre-9/11, pre-concessionary payrates by holding out on accepting Nic. IIRC, USAir is still operating under the LOA 93 payrates, with most of the guys topped out?
Click to expand...

With the judge's injunction, any separate negotiations for snap-backs would now be held in contempt of court and the fines would be astronomical on both USAPA as an organization and on the leadership as individuals. Any new payrates now have to be negotiated as part of a joint contract that implements the Nic award. They are stuck with LOA93 permanently if they don't want to negotiate something with the Nic included, and LOA93 is absolutely draconian. They say they will wait forever rather than accepting the Nic, but I think a bunch of the senior guys will eventually cave in and demand a new agreement. Think about it: $125/hr for a senior Airbus Captain is absolutely horrendous.
 
Just wanting to know if USAPA gives up the fight, would ALPA let EVERYONE come back? Would it be like, or Lincoln with "malice towards none" or would there be retribution?
 
granlistillo said:
Just wanting to know if USAPA gives up the fight, would ALPA let EVERYONE come back? Would it be like, or Lincoln with "malice towards none" or would there be retribution?
Click to expand...


I can't speak for ALPA, but I don't know why not. Nobody at USAPA crossed a picket line or did anything inappropriate. They were more or less members in good standing until they voted to de-certify ALPA.

If they vote to go ALPA again, they'd have to set up from scratch, but I imagine ALPA would welcome them back with open arms.

Perhaps a few individuals would be welcomed somewhat reluctantly, but USAIR is a large group, and ALPA's strength comes from numbers.
 
ATN_Pilot said:
With the judge's injunction, any separate negotiations for snap-backs would now be held in contempt of court and the fines would be astronomical on both USAPA as an organization and on the leadership as individuals. Any new payrates now have to be negotiated as part of a joint contract that implements the Nic award. They are stuck with LOA93 permanently if they don't want to negotiate something with the Nic included, and LOA93 is absolutely draconian. They say they will wait forever rather than accepting the Nic, but I think a bunch of the senior guys will eventually cave in and demand a new agreement. Think about it: $125/hr for a senior Airbus Captain is absolutely horrendous.
Click to expand...
Meanwhile Airways management is laughing all the way to the bank! Good job, Easties! :clap:
 
granlistillo said:
Just wanting to know if USAPA gives up the fight, would ALPA let EVERYONE come back? Would it be like, or Lincoln with "malice towards none" or would there be retribution?
Click to expand...

Letting CAL back into ALPA, SCABS and all kind of set a precedent. Good reasons to let CAL back in, but limits what you can reasonably accept or deny as a union and still remain intellectually honest. USAPA guys didn't SCAB, are obviously militant, and used labor law to try to get themselves a better deal - no matter how misguided it was. They did nothing illegal, and did nothing that didn't promote trade unionism so ALPA should be happy to have them back.
 
You must log in or register to reply here.
Back
Top