? for Albie...
02-28-2009, 05:56 AM
#11
Gets Weekends Off
Joined APC: Jan 2006
Position: ANC-Based MD-11 FO
Posts: 328
Where does ALPA get the funds to do its work? From our dues. Who will pay the attorneys you hire to sue ALPA? The members. Therefore, we all will be suing ourselves regardless of how you characterize the entity. The concept lacks merit.
02-28-2009, 07:52 AM
#12
On Reserve
Thread Starter
Joined APC: Mar 2008
Posts: 17
You were obviously not negatively affected by the rule change.
02-28-2009, 09:10 AM
#13
Gets Weekends Off
Joined APC: Jan 2008
Position: Continuing The Dream
Posts: 161
R1200 -
NO - that wasn't my point. My point was directed at what to base a suit, and I thought the ONLY option might be to address the down-bid option. Subsequent bids back to flying seats would be handled like every other vacancy bid - if you can hold it - you bid it. If there are 5 Captain seats, that doesn't open up 160 seats for all the post 60 guys to jump in.
The DW/JL/PC debacle and the excesses allowed the whole mess to occur, and it could have been easily prevented. Retro-activity wasn't a one-sided deal - there's plenty of blame on this issue to point fingers both directions.
NO - that wasn't my point. My point was directed at what to base a suit, and I thought the ONLY option might be to address the down-bid option. Subsequent bids back to flying seats would be handled like every other vacancy bid - if you can hold it - you bid it. If there are 5 Captain seats, that doesn't open up 160 seats for all the post 60 guys to jump in.
The DW/JL/PC debacle and the excesses allowed the whole mess to occur, and it could have been easily prevented. Retro-activity wasn't a one-sided deal - there's plenty of blame on this issue to point fingers both directions.
02-28-2009, 09:36 AM
#15
Gets Weekends Off
Joined APC: Jul 2006
Posts: 503
I think you are missing the target. You would need to file a civil lawsuit directly against DW. Then all you need to show is he was not acting in the best interest of the majority of the members (his charter) thereby he is acting on his own. Then ALPA would not bear liability for his actions and he would have to fund the suit himself. Don't know how that really helps but it would feel better.
Also, How about under the Federal RICO statutes showing that DW conspired with JL to defraud those affected. If you could show that they had reason to act in that manner for personal gain (does not have to be monetary, could be increased power) then the fact that other also benefited is not relevant. Much broader net under federal statues but you'd need a prosecutor buy into that theory.
Isn't this fun.
Also, How about under the Federal RICO statutes showing that DW conspired with JL to defraud those affected. If you could show that they had reason to act in that manner for personal gain (does not have to be monetary, could be increased power) then the fact that other also benefited is not relevant. Much broader net under federal statues but you'd need a prosecutor buy into that theory.
Isn't this fun.
02-28-2009, 09:57 AM
#16
Gets Weekends Off
Joined APC: Feb 2007
Position: headbanging
Posts: 954
How about we keep the recent unity going, instead of dikking that up? How about we concern ourselves with who is going to take over in June and call our block reps to voice your opinion? I wasn't/still aren't happy with the results of the Age 65 thing and how it was handled, but it's over man, get on with it. If you want to continue the American tradition of suing everytime something doesn't go your way, be my guest. I think I'll go skiing today instead.
02-28-2009, 10:41 AM
#18
Gets Weekends Off
Joined APC: May 2006
Posts: 2,889
(Edited)
Got a call suggesting any lawsuit issues, however unlikely, probably should not be commented on by a current MEC member.
I dont' think 727memphis is going to sue, but if he does I should not comment pro or con.
Not trying to cop out, but in this crazy legal climate it can cause problems.
If you have legal questions--contact your own attorney or the ALPA legal staff for questions.
Got a call suggesting any lawsuit issues, however unlikely, probably should not be commented on by a current MEC member.
I dont' think 727memphis is going to sue, but if he does I should not comment pro or con.
Not trying to cop out, but in this crazy legal climate it can cause problems.
If you have legal questions--contact your own attorney or the ALPA legal staff for questions.
Last edited by Albief15; 02-28-2009 at 01:01 PM.
02-28-2009, 12:33 PM
#19
On Reserve
Thread Starter
Joined APC: Mar 2008
Posts: 17
Thanks for the response. Was just hoping for answers on the who, why and how implementation of retroactivity and the -1 excess bid. The career progression, career loss of pay to the affected crewmembers and damage to the company will almost certainly never be recovered. If there was any way to reverse some of the mistakes, I would hope they would be pursued. Even if they were made by us...
02-28-2009, 01:01 PM
#20
On Reserve
Joined APC: Dec 2007
Posts: 19
I'm no lawyer, but I'd argue there would be a case of "misrepresentation." A poll was taken and he clearly went against the wishes of the majority of his constituents. They would argue that we all answered the question that if the change was inevitable would you want ALPA to be part of the process.
My biggest beef with the whole process was retroactivity. I heard DW say it put us on the "wrong side of a lawsuit," by not supporting it. Retroactivity clearly was a minority in ALPA.
My biggest beef with the whole process was retroactivity. I heard DW say it put us on the "wrong side of a lawsuit," by not supporting it. Retroactivity clearly was a minority in ALPA.
