AOL update
07-26-2013, 04:35 AM
#1331
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
Today, our attorneys filed an amended complaint in our lawsuit against USAPA which is before Judge Silver. You can read the amended complaint here.
The amended complaint is identical to the original complaint except for the addition of a fourth claim. Although the Amended Complaint retains Count II, which was the claim against the Company, it does so only to avoid waiving our right to appeal Judge Silver’s ruling dismissing the Company.
This additional claim asks for Judge Silver to declare that, pursuant to McCaskill-Bond, the West Pilots are entitled to have party status, and the right (but not the obligation) to participate fully (with counsel of their own choice) in the MOU Seniority Integration process. The basis for this request is the demonstrated inability of USAPA, or any merger committee that it forms, to fairly represent the West pilots in a seniority integration. Now we are beginning another merger; one which will create the world’s largest airline with the world’s largest pilot workforce. Two seniority lists are going to have to be integrated via the McCaskill-Bond process. Implicit within McCaskill-Bond is the fundamental assumption that each bargaining agent can freely and adequately represent its respective members’ interests. For USAPA, that is simply not possible. Since prior seniority integrations have provided for third party representation, the West is requesting separate and equal standing in this seniority integration. We are confident that the Nicolau will be the list which is used for the McCaskill-Bond process. Separate West presence will help insure that the Airways-American seniority integration is not corrupted by lingering prejudices within USAPA.
Thank you for your continued support. Please keep an eye on your email inbox for Leonidas Updates which will be sent frequently as we approach September 24th. If you have not registered to receive our updates via email, you can join our mailing list by visiting cactuspilot.com. All are welcome; not just US Airways pilots.
Have a great evening.
Leonidas, LLC Leonidas, LLC
Click here to Contribute
http://www.cactuspilot.com
The amended complaint is identical to the original complaint except for the addition of a fourth claim. Although the Amended Complaint retains Count II, which was the claim against the Company, it does so only to avoid waiving our right to appeal Judge Silver’s ruling dismissing the Company.
This additional claim asks for Judge Silver to declare that, pursuant to McCaskill-Bond, the West Pilots are entitled to have party status, and the right (but not the obligation) to participate fully (with counsel of their own choice) in the MOU Seniority Integration process. The basis for this request is the demonstrated inability of USAPA, or any merger committee that it forms, to fairly represent the West pilots in a seniority integration. Now we are beginning another merger; one which will create the world’s largest airline with the world’s largest pilot workforce. Two seniority lists are going to have to be integrated via the McCaskill-Bond process. Implicit within McCaskill-Bond is the fundamental assumption that each bargaining agent can freely and adequately represent its respective members’ interests. For USAPA, that is simply not possible. Since prior seniority integrations have provided for third party representation, the West is requesting separate and equal standing in this seniority integration. We are confident that the Nicolau will be the list which is used for the McCaskill-Bond process. Separate West presence will help insure that the Airways-American seniority integration is not corrupted by lingering prejudices within USAPA.
Thank you for your continued support. Please keep an eye on your email inbox for Leonidas Updates which will be sent frequently as we approach September 24th. If you have not registered to receive our updates via email, you can join our mailing list by visiting cactuspilot.com. All are welcome; not just US Airways pilots.
Have a great evening.
Leonidas, LLC Leonidas, LLC
Click here to Contribute
http://www.cactuspilot.com
07-26-2013, 10:45 AM
#1332
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
07-26-2013, 10:47 AM
#1333
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
07-26-2013, 10:59 AM
#1334
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
Do you have any idea how stupid you sound when you use "scab" like that, especially when the airline you went to work for was founded with scabs? Silly question, I know.
07-30-2013, 10:16 AM
#1335
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
From company's latest filing:
say it ain't so, the scab union wants to delay? Lol. But wait company wants west pilots to represent themselves in MB :
does the company think the mou called for 3 lists?
doesn't look like it huh?
USAPA’s actions in
24 this litigation have been, and still are, inconsistent with a prompt resolution on the merits
25 of plaintiffs’ claims. Indeed, notwithstanding the Court’s July 19 decision, USAPA still
26 asserts that the West Pilots’ DFR claim is not ripe.
24 this litigation have been, and still are, inconsistent with a prompt resolution on the merits
25 of plaintiffs’ claims. Indeed, notwithstanding the Court’s July 19 decision, USAPA still
26 asserts that the West Pilots’ DFR claim is not ripe.
intervention, US Airways’ Intervention Pleading attached
24 hereto (in particular, ¶¶ 11-14) sets forth a claim for declaratory judgment against USAPA
25 to the effect that the West Pilots have the right to full and separate representation under
26 McCaskill-Bond in the US Airways/American pilot seniority-integration process.
24 hereto (in particular, ¶¶ 11-14) sets forth a claim for declaratory judgment against USAPA
25 to the effect that the West Pilots have the right to full and separate representation under
26 McCaskill-Bond in the US Airways/American pilot seniority-integration process.
The MOU, to which US Airways is a party, contains a schedule for the initiation and completion of the seniority-integration process between the US Airways (East and West) pilots and the American pilots.
Last edited by cactiboss; 07-30-2013 at 10:26 AM.
08-18-2013, 02:50 PM
#1336
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
AOL aug 18th update
On Thursday, August 15th, a status conference was held before Judge Silver per her August 6th order (Doc 141). The parties had requested the hearing as part of their proposed Scheduling Order (Doc 132-1). Our attorneys have been busily preparing for the September 24th – 25th trial, and they anticipated that the conference would be very helpful in resolving a number of disagreements with USAPA counsel. Fortunately, much was resolved from the status conference because Judge Silver issued an order (Doc 160) yesterday, which is exactly what we had hoped for. USAPA counsel desperately tried to turn the status conference into an impromptu motion to dismiss hearing, arguing that the DOJ anti-trust suit was a changed circumstance that divested Judge Silver of her jurisdiction over the case. West attorneys rebutted those arguments, as did US Airways counsel. The complete transcript can be found here, and we highly recommend reading them because the dialogue is informative as to the real issue of our case.
We have a busy schedule ahead as we press on towards our September 24th date with justice. This has been an incredibly long road to get to where we are, and it never would have happened had it not been for the thousand-plus pilots who have each contributed thousands of dollars individually to this legal effort. Now we are on the final push. We have set up a special website called “The Push For Justice” and its purpose is to meet our funding requirement for the trial and post-trial phases. We ask that each captain subscribe for $100 a month and each first officer $50 a month, until the Nicolau is implemented. Fellow pilots, this is it: fund now or forever hold your peace.
Sincerely,
Leonidas, LLC
Click here to Contribute
http://www.cactuspilot.com
We have a busy schedule ahead as we press on towards our September 24th date with justice. This has been an incredibly long road to get to where we are, and it never would have happened had it not been for the thousand-plus pilots who have each contributed thousands of dollars individually to this legal effort. Now we are on the final push. We have set up a special website called “The Push For Justice” and its purpose is to meet our funding requirement for the trial and post-trial phases. We ask that each captain subscribe for $100 a month and each first officer $50 a month, until the Nicolau is implemented. Fellow pilots, this is it: fund now or forever hold your peace.
Sincerely,
Leonidas, LLC
Click here to Contribute
http://www.cactuspilot.com
08-18-2013, 06:53 PM
#1338
Gets Weekends Off
Joined APC: Jan 2013
Position: Pitot heat, what's to eat?
Posts: 392
It's there you just have to dig for it.
As usual, it's a victory for both sides depending upon which exact part you quote. Leonidas claims victory because the DFR suit is proceeding and USAPA was not successful at getting it "dismissed without prejudice". A fair point.
But Leonidas is not likely to quote for you this part:
As usual, it's a victory for both sides depending upon which exact part you quote. Leonidas claims victory because the DFR suit is proceeding and USAPA was not successful at getting it "dismissed without prejudice". A fair point.
But Leonidas is not likely to quote for you this part:
Now, in the context of what we have, and
I've asked you this before -- before this that this situation
that we have now here with Department of Justice, what remedy,
what remedy would I issue for your clients after the trial was
over?
MR. HARPER: We --
THE COURT: And I know what you asked for the last
time, and I think I may not have persuaded you that I -- that I
couldn't do that, but you heard what I said about it, and I
don't think I can force the Nicolau Award on -- on whatever
bodies are -- or whatever parties, stakeholders there are in
this case.
I've asked you this before -- before this that this situation
that we have now here with Department of Justice, what remedy,
what remedy would I issue for your clients after the trial was
over?
MR. HARPER: We --
THE COURT: And I know what you asked for the last
time, and I think I may not have persuaded you that I -- that I
couldn't do that, but you heard what I said about it, and I
don't think I can force the Nicolau Award on -- on whatever
bodies are -- or whatever parties, stakeholders there are in
this case.
08-19-2013, 08:00 AM
#1339
Gets Weekends Off
Joined APC: May 2007
Posts: 1,353
It's there you just have to dig for it.
As usual, it's a victory for both sides depending upon which exact part you quote. Leonidas claims victory because the DFR suit is proceeding and USAPA was not successful at getting it "dismissed without prejudice". A fair point.
But Leonidas is not likely to quote for you this part:
As usual, it's a victory for both sides depending upon which exact part you quote. Leonidas claims victory because the DFR suit is proceeding and USAPA was not successful at getting it "dismissed without prejudice". A fair point.
But Leonidas is not likely to quote for you this part:
MR. SZYMANSKI: At this point. At this point, Your
Honor, it is. At this point it is. I don't think that the
Court has even Article III jurisdiction at this point, given
this lawsuit, because without --
THE COURT: Wait a minute. Why don't I have
jurisdiction? That's a very important issue, and I -- I don't
understand what you're saying.
MR. SZYMANSKI: Your Honor, there is no injury to the
plaintiffs unless the merger goes forward.
THE COURT: Well, I disagree with you on that. If
that's your position as to why or why not there
WD at AWA
08-19-2013, 06:00 PM
#1340
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
Dont do a usapa now continue the conversation!
MR. SZYMANSKI: At this point. At this point, Your
Honor, it is. At this point it is. I don't think that the
Court has even Article III jurisdiction at this point, given
this lawsuit, because without --
THE COURT: Wait a minute. Why don't I have
jurisdiction? That's a very important issue, and I -- I don't
understand what you're saying.
MR. SZYMANSKI: Your Honor, there is no injury to the
plaintiffs unless the merger goes forward.
THE COURT: Well, I disagree with you on that. If
that's your position as to why or why not there
WD at AWA
MR. SZYMANSKI: At this point. At this point, Your
Honor, it is. At this point it is. I don't think that the
Court has even Article III jurisdiction at this point, given
this lawsuit, because without --
THE COURT: Wait a minute. Why don't I have
jurisdiction? That's a very important issue, and I -- I don't
understand what you're saying.
MR. SZYMANSKI: Your Honor, there is no injury to the
plaintiffs unless the merger goes forward.
THE COURT: Well, I disagree with you on that. If
that's your position as to why or why not there
WD at AWA
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