uSAPa slapped down by PHX jury

SlumTodd_Millionaire

SlumTodd_Millionaire

Most Hated Member
This is the update from the group that is fighting for the former America West pilots against uSAPa:

Fellow US Airways Pilots:

What we knew would happen has just happened. A jury of nine Americans - six men and three women - has just returned a verdict finding USAPA responsbile for failing to represent the 1800 America West pilots. "Responsible" in a civl case is the legal equivalent of "guilty" in a criminal case and just as in a criminal case, a unanimous verdict has been reached. Although this is cause for great relief among all West pilots, we find it difficult to celebrate. To us at Leonidas, LLC, this verdict represents the culmination of a tremendous amount of wasted effort and capital to settle an issue that was already settled.

We dare not calculate the cost to all US Airways pilots for what has gone on over the last two years because the number would be astronomical. Now with this jury verdict, the seniority issue has been twice settled. It is time to move on.

We will post an additional update when we receive more information. In the meantime we are one pilot group - East and West.

We would also like to thank our team of attorneys who took our case less than fourteen months ago. This was an uphill battle from day one as DFR cases are notoriously difficult to win. However, they never wavered. Their faith in the West pilot group and their belief in our case are what got us to this day. Every West pilot owes his or her career to Marty Harper, Andy Jacob, Don Stevens, Kelly Flood and Katie Brown. From the bottom of our hearts, we thank the five of you.
 
It may not be over:
USAirlinePilots.org
US Airline Pilots Association Representing the Pilots of US Airways


Court Decision in Addington Case
May 13, 2009

The Addington case ended today with the jury deciding that USAPA failed in its duty to fairly represent all of its members. Today’s decision, while disappointing, was not unexpected. Since we were required to argue our case with limited time and evidence and were hamstrung by questionable rulings and incorrect instructions, USAPA, quite literally, fought this battle with both hands tied behind its back. Given the circumstances, we have a hard time accepting the idea that we encountered truly unbiased impartiality. Although this is a setback, we are very confident that the errors of law we encountered in this venue will be corrected.

The 9th Circuit Court of Appeals and, if necessary, the United States Supreme Court, are the appropriate places for the law to be truly vetted. While USAPA would have, of course, preferred to prevail in the current setting (allowing the pilot group to come together and work towards an improved contract), we fully expected and planned for this contingency. Again, given the facts of law, we are very confident of our ability to prevail eventually, in proving the absolute right of a union to bargain over the complete terms of its members’ working agreement. Having so planned, our legal team is already working on an expedited appeal and stay of any proposed injunctive relief.

Please watch your email and the USAPA Web site for further updates, which will come shortly. In the meantime, we urge all pilots to continue to show the utmost professionalism, treating your fellow pilots with courtesy and respect.


USAPA Communications | US Airline Pilots Association
Office: 877-332-3342 | Phone Message: 877-332-3350 | USAirlinePilots.org
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ATN_Pilot said:
We will post an additional update when we receive more information. In the meantime we are one pilot group - East and West.
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That's an odd statement. First off, why say "in the meantime?" Shouldn't they be one pilot group ALL the time? Second, if they make a point of saying they're one pilot group, why go on to mention the two factions?
 
kellwolf said:
That's an odd statement. First off, why say "in the meantime?" Shouldn't they be one pilot group ALL the time? Second, if they make a point of saying they're one pilot group, why go on to mention the two factions?
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Thats whats interesting about the statement. They've been flying unders two separate certificates still; can't fly a mixed crew, and can only fly specific tail numbers. That statement had me wondering if they were under one now or not.
 
Gonzo said:
It may not be over:
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Of course they'll be appealing, but the likelihood of the appellate court throwing out a jury verdict on this case is miniscule. For heaven's sake, Judge Wake even let uSAPa trot out Sully to defend their grotesque actions against the West pilots. He went out of his way to give them every opportunity to justify their actions, but they still couldn't convince a single juror to back them.
 
What comes next, assuming an appeal won't go through? Back pay for wrongly furloughed pilots? Furloughs of the folks who were actually lowest on the senoirity list? How long will all of this take?
 
MikeD said:
Thats whats interesting about the statement. They've been flying unders two separate certificates still; can't fly a mixed crew, and can only fly specific tail numbers. That statement had me wondering if they were under one now or not.
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I can understand not having a mixed crew. The way things are over there, that plane would probably go down while the pilots were beating the snot out of each other.....
 
kellwolf said:
I can understand not having a mixed crew. The way things are over there, that plane would probably go down while the pilots were beating the snot out of each other.....
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You're more accurate than you know! Reason I know the situation pretty well on this one is that we have one Airways pilot, and one West pilot in my AF Reserve unit. We have them working in the same office (for sheer entertainment purposes), and you'll get "the no-crap truth", depending on which one you talk to.

A mess indeed.
 
Fact is both of these sides needed to realize nothing at USairways is going to get better until they are under one list. They want to sit back and bicker about things, yet cannot accept a court held ruling. Rather we start a new union. At the end of the day I am very glad to hear this ruling came out the way it did. Sorry for the east guys, but its time to move on and start acting like professionals. East guys should be able to bid out West, West out East, fly togheter and act like professionals.

Its not funny, but I could not help but laugh when listening to the crew news out of PHX and some of them complaining about their fulrough flight bennies. Basically after a short period of time they expire (90 days or so). Well the East side gets them longer. For some reason they could not understand why the company is taking the stance, "We are not going to negotiate any side letter of agreement with East or West." Telling them that they are operating by their contracts and until they become ONE nothing will be done to improve their QOL. Yet that did not sink in for some reason to them, although it makes clear sense to me. Oh well good news none the less on this ruling.
 
ChristheCFII said:
What comes next, assuming an appeal won't go through? Back pay for wrongly furloughed pilots? Furloughs of the folks who were actually lowest on the senoirity list? How long will all of this take?
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Dont know if they will. It was common pratice to have the two list. You were hired under a list and thus the furloughs were based on East and West list. My guess is nothing will change and by the time it were to, all furloughs will be back on property. But then again Mr Airtran knows a lot about about these matters then I do.
 
uSAPa...it was cute for a while...but move on. It's a lot easier to read articles/information from you if just let the information out. I promise we'll give you and you only credit for the cute acronym!
 
ATN_Pilot said:
Nothing surprises me about uSAPa, but it is a shame that Sully would "sully" his good name by allowing uSAPa to use him as a pawn in their pathetic ploy to rape the West pilots.
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Not to say Airways is an angel, but I would really like to know how a 25 plus year seniority USAirways pilot losing his seniority to a 2 year West pilot qualifies as rape...
 
727to7400 said:
Not to say Airways is an angel, but I would really like to know how a 25 plus year seniority USAirways pilot losing his seniority to a 2 year West pilot qualifies as rape...
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Because if AWA hadnt of stepped in, then that 25 plus year US Airways pilot would go back to having Zero seniority. Although I doubt that it would be set up to where a 25+ year guy would be under a 2 year guy.
 
Both America West and US Airways were SOL. It was the investors who made it happen the second time around in US bankruptcy court.
 
Without injecting any personal viewpoints about USAPA/West, can someone please tell me what the outcome of this decision could be if it is upheld on appeal? If these kind of cases are so hard to win, what are the precedents in terms of previous victories in terms of "damages"? Could a negative ruling on this issue in any way bankrupt USAPA? Could a court find that USAPA is in fact not representing the entire group and order them dissolved and USAir back to ALPA? With the decision that USAPA is not representing West guys, does this cripple any chance USAPA has of collecting back-dues? If some West guys have been paying agency fees to USAPA, can they demand repayment of those fees because of this ruling?

Sorry for all the questions guys - and sorry of they are stupid ones. Just interested in learning.
 
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