Any "Latest & Greatest" about Delta?
01-21-2010, 05:41 PM
Gets Weekends Off
Joined APC: May 2008
Position: VEOP Retired! 7ER A was last position
Posts: 978
I am assuming that you did not direct this question at me. I agree, and to think that no one was going to get displaced by this merger is just plain ridiculous. It is what it is. I know, I do not care but some of you do. Growth and waiting a few bids will level this all out, but many are just to used to instant gratification!
(Bet I just started a fire, again)
(Bet I just started a fire, again)
I should have "quoted" the post you referred to, not yours! But you got my gist.
01-21-2010, 05:45 PM
Da Hudge
Joined APC: Oct 2006
Position: Poodle Whisperer
Posts: 17,473
You understand that this was a negotiated settlement, not a judgement or ruling, right? The plaintiffs in this case had sued for over $200 million.
The appeals process referenced in the article was for members of the class to "opt out" and protest the settlement. To put the settlement in context, it's $44 million out of a $537 million distribution. I'm fairly certain ALPA was indemnified by UAUA in their contract, so it will be interesting to see how this settlement vice a verdict will be viewed by the court during the follow-on repayment squabble.
The appeals process referenced in the article was for members of the class to "opt out" and protest the settlement. To put the settlement in context, it's $44 million out of a $537 million distribution. I'm fairly certain ALPA was indemnified by UAUA in their contract, so it will be interesting to see how this settlement vice a verdict will be viewed by the court during the follow-on repayment squabble.
While I can see what you're saying... I am still equally ticked that this may be coming out of my dues money.
01-21-2010, 05:47 PM
Gets Weekends Off
Joined APC: Sep 2008
Position: Kickin’ Back
Posts: 6,971
Denny
01-21-2010, 05:58 PM
Gets Weekends Off
Joined APC: May 2008
Position: VEOP Retired! 7ER A was last position
Posts: 978
I'm confused...What I'm saying is its wrong to think that there is a legitimate arbitration argument based on the single list. We have had the list for over a year and now, 13 months later we have a bid which moves lots of people around, essentially taking advantage of the merger synergies. As a rsult, lots of people are displaced and forced to change airplanes. This is completely normal and really has nothing to do with the SLI. When would we stop "tracking" pilots losing their seat because of the single list, at their retirement? I think its totally without merit and probably just another attempt at a seniority grab by a small group of malcontents. Clear as mud?
Oh btw, I'm up for Beer's party idea!
Last edited by Cogf16; 01-21-2010 at 06:14 PM.
01-21-2010, 05:59 PM
Happy to be here
Joined APC: Jun 2006
Position: A-320A
Posts: 18,563
01-21-2010, 06:05 PM
Gets Weekends Off
Joined APC: Feb 2008
Posts: 2,539
It's the second "major" settlement since I've been around. The Delta acquisition of certain Pan Am assets brought about 2 lawsuits (Duke-Spellacy) against ALPA (PAA MEC). One (Duke) was settled like this one. The other one went to trial. ALPA lost the initial jury trial, but the judge set aside the verdict as a matter of law. The Appeals court supported the set aside, so ALPA won that one.
01-21-2010, 06:11 PM
Gets Weekends Off
Joined APC: May 2008
Position: VEOP Retired! 7ER A was last position
Posts: 978
I get that also after I have timed out on the forum. It pushes me to a "user name" login screen and it doesn't take my member number and pin. HellifI know my username!!! I just log out of the forum and the home page and then re sign in. Would love to know my username.....
01-21-2010, 06:11 PM
Works Every Weekend
Joined APC: Dec 2007
Position: 737 ATL
Posts: 3,506
You understand that this was a negotiated settlement, not a judgement or ruling, right? The plaintiffs in this case had sued for over $200 million.
The appeals process referenced in the article was for members of the class to "opt out" and protest the settlement. To put the settlement in context, it's $44 million out of a $537 million distribution. I'm fairly certain ALPA was indemnified by UAUA in their contract, so it will be interesting to see how this settlement vice a verdict will be viewed by the court during the follow-on repayment squabble.
The appeals process referenced in the article was for members of the class to "opt out" and protest the settlement. To put the settlement in context, it's $44 million out of a $537 million distribution. I'm fairly certain ALPA was indemnified by UAUA in their contract, so it will be interesting to see how this settlement vice a verdict will be viewed by the court during the follow-on repayment squabble.
But not against a violation of labor law.
This suit was for ALPA violating the duty of fair representation.
That's on ALPA alone.
This language look familiar? --->
3) Indemnification. The Company will indemnify and hold harmless ALPA, its officers, agents, employees, counsel, and representatives (each an “indemnitee”) from any liability, loss, damages, fines, penalties and costs (not including any income or excise taxes or similar amounts imposed by any governmental agency) resulting from any and all third party claims, lawsuits, or administrative charges of any sort whatsoever, including fifty percent of the reasonable attorney’s fees and costs, arising in connection with matters relating to, concerning or connected to the negotiation or establishment of (a) the Bankruptcy Restructuring Agreement, (b) any amendment of any benefit plan or program concerning pilots or other participants in such plan made pursuant to or as a result of the Bankruptcy Restructuring Agreement, and (c) any other document or agreement forming part of the Bankruptcy Restructuring Agreement and/or the Modifications.
Such indemnification and hold harmless obligation will not apply to: 1)any claim, lawsuit or administrative charge resulting from the willful or intentional conduct of any indemnitee; 2) any claim, lawsuit or administrative charge asserting that ALPA violated its By-Laws or other organizational requirements by entering into the amendments;
Such indemnification and hold harmless obligation will not apply to: 1)any claim, lawsuit or administrative charge resulting from the willful or intentional conduct of any indemnitee; 2) any claim, lawsuit or administrative charge asserting that ALPA violated its By-Laws or other organizational requirements by entering into the amendments;
01-21-2010, 06:21 PM
Works Every Weekend
Joined APC: Dec 2007
Position: 737 ATL
Posts: 3,506
Yup. But UAL has paid an awful lot of dues over the years as well, and anybody hired after 1993 hasn't paid a dime into the MCF...
It's the second "major" settlement since I've been around. The Delta acquisition of certain Pan Am assets brought about 2 lawsuits (Duke-Spellacy) against ALPA (PAA MEC). One (Duke) was settled like this one. The other one went to trial. ALPA lost the initial jury trial, but the judge set aside the verdict as a matter of law. The Appeals court supported the set aside, so ALPA won that one.
It's the second "major" settlement since I've been around. The Delta acquisition of certain Pan Am assets brought about 2 lawsuits (Duke-Spellacy) against ALPA (PAA MEC). One (Duke) was settled like this one. The other one went to trial. ALPA lost the initial jury trial, but the judge set aside the verdict as a matter of law. The Appeals court supported the set aside, so ALPA won that one.
ALPA had to sell the Herndon HQ building to pay off the Duke plaintiffs.
01-21-2010, 06:22 PM
Can't abide NAI
Joined APC: Jun 2007
Position: Douglas Aerospace post production Flight Test & Work Around Engineering bulletin dissembler
Posts: 12,014
3) Indemnification. The Company will indemnify and hold harmless ALPA, its officers, agents, employees, counsel, and representatives (each an “indemnitee”) from any liability, loss, damages, fines, penalties and costs (not including any income or excise taxes or similar amounts imposed by any governmental agency) resulting from any and all third party claims, lawsuits, or administrative charges of any sort whatsoever, including fifty percent of the reasonable attorney’s fees and costs, arising in connection with matters relating to, concerning or connected to the negotiation or establishment of (a) the Bankruptcy Restructuring Agreement, (b) any amendment of any benefit plan or program concerning pilots or other participants in such plan made pursuant to or as a result of the Bankruptcy Restructuring Agreement, and (c) any other document or agreement forming part of the Bankruptcy Restructuring Agreement and/or the Modifications.
Such indemnification and hold harmless obligation will not apply to: 1)any claim, lawsuit or administrative charge resulting from the willful or intentional conduct of any indemnitee; 2) any claim, lawsuit or administrative charge asserting that ALPA violated its By-Laws or other organizational requirements by entering into the amendments;
Who knew?
Wonder why we did not reach through the Company's agreements with DCI vendors to bind the operations of their subsidiaries, like Midwest? Oh ... because we can't?
Lawyers like to practice politics, unless of course they see something they want for themselves, then it is perfectly fine to bind a third party through a contract. I am relieved to see that they do actually understand the law, despite the silly excuses we hear as to why we can't restrain small (if 100 seats is small jet) flying by DCI carriers.
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