“This "anti-raid" clause will strengthen our support against any organization who might seek to dislodge your union for nefarious purposes, including the well-known efforts by the previous bargaining agent who is distraught that your dues money no longer fills their parched coffers.”

-USAPA President Mike Cleary

There is nothing like reading a Labor Day message from a union president filled with fear that a competitive organization will use a democratic process to replace our current bargaining agent. It appears that after 2 1/2 years of utter failure, Mr. Cleary recognizes that USAPA’s days are in fact numbered. 

We do not know enough about the International Brotherhood of Teamsters (IBT) to judge whether this new alliance will be beneficial to the US Airways pilots. What we do know about the IBT, however, is that they are an actual union committed to the labor movement. They probably would not take kindly to a union president who harbors a known union buster or one that leads with a dictatorial style. The Teamsters are about unity, something USAPA is most definitely not. 

Our inside sources have confirmed that Mr. Cleary’s new alliance with the IBT arose out of his need to 1) squash a coming ALPA card drive and 2) use their influence to get to a 30 day cooling off period. 

He is truly delusional if he believes either of these tactics will be effective. 

Just as the Charlotte representatives recently reminded us in their update that we live in America and any one can sue, we would like to remind them that that same freedom applies to a union representational drive. If a grassroots effort initiates a legal card drive to oust USAPA and the majority of US Airways sign cards, there is nothing USAPA or the IBT can do to stop an election. As much as he would like to, Mr. Cleary cannot escape the reality of the democratic world that exists outside his shame organization. A card drive will arise from the strength of the average line pilot, not an imagined dues hungry boogie man. It should be pointed out that USAPA taxes its members more than any other airline union. 

As we stated above, Mr. Cleary believes he can capitalize on the political influence of the Teamsters to get to a 30 day cooling off period. This tactic is probably more laughable than his attempt to block a democratic card drive. The west pilots comprise roughly 40% of the combined pilot group. A substantial number of east pilots choose not to be USAPA members or maintain accounts in bad standing. A strike vote by the Union would be an embarrassing event. Most experts agree that a unity vote north of 95% is needed to successfully petition the NMB. USAPA would be lucky if it could garner a simple majority. There is absolutely nothing the IBT can do for Mr. Cleary to fix this math problem. 

When your next dues statement arrives or you write your next assessment check for the investigation du jour, contemplate the sheer amount of your money filling Mr. Cleary’s and Mr. Seham’s parched coffers. They are willing to stop at nothing to ensure that their gravy train never stops rolling. 

What we do know is that there will never be a strike under USAPA and Mr. Cleary cannot stop the true power of democracy.

Have you ever called the national office and asked to speak with President Cleary? 

Go ahead and try it. 

If you are one of the lucky few to actually connect with him, make sure you get all your questions answered as you will not be so lucky the next time you call. There exists much mystery as to the happenings behind the combination locked door at our national headquarters. What isn’t a mystery, however, is the infinitesimally small amount of work that is actually accomplished there. Instead of a work ethic commensurate with the highest paid non-management narrow body captain on property, we have a president who spends less time in his office than a census worker spends in his. 

A call to the office will more likely lead to a conversation with EVP Hummel or Secretary-Treasurer Streble. They are hands down the two hardest working officers we have elected. In spite of constant harassment and petty assignments from the top, they soldier on for the betterment of the entire group. 

This week they accepted an invitation by the Phoenix Chairman to attend their local domicile meeting. One would think that attendance by a national officer at a local meeting would be a non-event. Officers attend our Philadelphia and Charlotte meetings on a regular basis. But without explanation or notice, they were barred from attending the meeting by President Cleary. Yup, you heard it correctly. Two independently elected national officers were forbidden to attend a meeting of USAPA’s largest domicile. So much for unity building!

Speaking of unity building; mark September 8th on your calendar for the Philadelphia Leadership Walk. That’s right folks, the Company must be shaking in their boots. In an attempt to provoke rage, Mr. Theuer’s advertisement proclaims 

“It’s time to stand up, and to let the Company know that you’re not going to take it anymore. Enough is enough!”         

(bold emphasis added by Mr. Theuer)

Which begs the question Mr. Theuer, enough of what?  

Enough of Mr. Cleary’s concerted contract delay tactics? 

Enough of Mr. Seham spending millions of dollars with little to show but a win on ripeness?

Enough of a select few living high off flight pay loss?

Enough of contract proposals concessionary to what even ALPA TA’d?

Enough of a union president and vice-president harboring a known union buster?

Enough of proclamations that a strike is near when we are tied to a west pilot group dedicated to their own cause?

Shall we go on Mr. Theuer?

A more appropriate location for the picket would be the national office in Charlotte. 

The problem with picketing our own union office....

Mr. Cleary wouldn’t even be around to witness the event.

Earlier this week staff members of TheEye attended the Philadelphia contract roadshow.  

Mr. Theuer should have titled the pep rally, 'The blame game, why we are never going to get a contract.' 

It is absolutely amazing to us that after 2 + years of USAPA controlled negotiations we are still discussing dues check off and the grievance process. It is crucial to note that these two sections along with almost every other section of the joint CBA were TA’d prior to USAPA’s election. It was only after the election that the new sheriff in town determined that the fastest route to completing the contract would involve opening every TA’d section for renegotiation. With only two remaining negotiating sessions scheduled in 2010, the completion of a contract is years away at best.  

Of course, everyone but USAPA is responsible for delaying negotiations. The Company, the Addington plaintiff's (west pilots), and the evil former bargaining agent have made it impossible to reach an agreement. 

Particularly troubling was the confidence exuded by our leaders over the Addington case dismissal. It was akin to the bravado displayed by the British and French prior to the opening salvos of the Somme Offensive. Either they believe what Mr. Seham is telling them or they are intentionally lying to obfuscate the reality of our situation. 

Unspoken at the event was the fact that Company’s lawsuit is the deathblow to USAPA’s raison d’etre. There are few outcomes that would trigger the Company to acquiesce and negotiate a quasi date-of-hire seniority list. The Company filed the lawsuit to indemnify themselves from future litigation and to accelerate the pace of negotiations. The surest way they can do this is to uphold their contractual obligations as specified in the Transition Agreement. 

It was clear to us that the only party seeking delay is USAPA. In conflict with Mr. Cleary’s pronouncements that the Company is delaying negotiations, court documents confirm the opposite to be true. Responding to Mr. Seham’s latest emergency stay request the Company wrote:

“...US Airways unequivocally is not neutral about when the seniority dispute is settled. That needs to happen now...Furthermore, if this lawsuit is stayed, the benefits US Airways would gain from completing negotiations for a single CBA will be delayed. These facts should weigh heavily in the Court’s decision whether to grant a stay.”

Contrary to what was broadcasted at the pep rally, USAPA is doing everything in its power to delay negotiations. Mr. Cleary has boxed us in a corner and any new CBA is destined to include the Nicolau Award. 

We are sick and tired of the lies and finger pointing from our union leadership. Are you? 

On August 10th, the 9th District Court of Appeals issued its mandate in the Addington case. Once dismissed, USAPA will be free to negotiate with themselves for the seniority proposal of their choosing. US Airways management has held steadfast with their refusal to negotiate away from the Nicolau Award unless they receive complete legal immunity. It is important to note that Judge Wake dismissed the Company from the original DFR case without prejudice, a point the CLT representatives intentionally skirted in their latest update. 

“Moreover, if discovery or further events show actual collusion of US Airways in USAPA’s alleged breach of duty of fair representation, the court would consider a motion to amend the complaint to renew the allegation of a hybrid claim against US Airways.” -Judge Neil Wake, November 20, 2008

The dismissal of the Addington verdict actually moves the pilot group closer to a joint contract with the Nicolau Award. The Company was crystal clear in their filing that they are seeking to bring a quick resolution to the seniority dispute. Most legal scholars will agree that US Airways is unlikely to receive a complete release from legal liability. In fact, should they violate their obligations under the Transition Agreement in collusion with USAPA, Judge Wake has already stated his willingness to renew the hybrid claim once it is ripe as defined by the 9th Circuit. 

The latest ‘trash talk’ from the USAPA communications team is pure fantasy. The dismissal of Addington combined with the Company’s lawsuit paves the way for a Nicolau contract sooner rather than later. 

“Make no mistake, this is a monumental victory for all pilots, not just the East.” -CLT Domicile Update

The sewage spewing from the fingertips of our CLT Domicile Representatives is flowing with reckless abandon. They blame everyone but themselves for our predicament. They epitomize the victim mentality with their incoherent rants aimed at imagined foes determined to ruin their lives. The following editorial was written by a CLT based staff member of TheEye. We believe it nicely summarizes our current situation. 

“Since the 9th ruled a few short weeks ago, we’ve been inundated with proclamations of victory and promises of better days to come from our USAPA leadership. Even in light of the Company’s recent court filing, they still believe that a contract with a date of hire type list is just around the corner. It hasn’t dawned on them that they are quickly losing all but their most diehard supporters. It seems the majority of us have had enough with Mr. Cleary and his dictatorial reign over the US Airways pilots. The latest update from the CLT representatives is indicative of just how far out of touch they’ve become. 

On a recent transcon with a Delta jumpseater, the conversation inevitably turned towards the merger. The first officer hitching a ride casually broached the subject. To my surprise my first officer and I held nothing back. Surprising to the Delta guy was our shared embarrassment over our once strong support for USAPA. Beyond the questionable ethics of the USAPA experiment, we both acknowledged the toll working under LOA 93 has had on our lives. It was meant to be a transitional agreement to get US Airways out of bankruptcy, not a ten year contract. 

On our trip home the following day, we spent a few hours in quiet reflection as we guided our airliner back to Charlotte. We both knew what was on our minds but there was nothing further to say. As we parted with the traditional end of trip handshake, my partner said he was taking a small step to get involved and would sign the Crimi recall petition and advocate for his removal. Without a doubt, he had reached his tipping point. 

The Company’s filing places their feet firmly in the fire and most of us believe that the end game has arrived. We cannot foresee a scenario that will absolve the Company of liability. It appears Mr. Seham’s empty promises will finally be exposed. It takes two to tango and the Company isn’t willing to join USAPA on the dance floor. As I’ve been telling my first officers and friends all along, the Nicolau Award truly is binding. We agreed to the process and we need to honor our agreement. For me it’s a matter of principle.”              

-CLT Captain and former USAPA supporter

Mr. Cleary’s message today was so misguided, we’ve taken the unusual step of reprinting his entire message with our comments in red (the color of good union pilots).  

Fellow pilots,  (Fellow east pilots,)

As I’m sure you are aware, the Company recently filed a lawsuit requesting a Declaratory Judgment from the Arizona District Court; the purported reasoning behind this filing was to simply bring the seniority issue to a head, thereby allowing contract negotiations to move forward, and to indemnify the Company from any liability stemming from its acceptance of any particular bargaining proposal.

Remove the word ‘purported’ and Mr. Cleary has it exactly right. 

 All sounds reasonable enough, right? Well, not exactly. In USAPA’s judgment, the Company’s action is not reasonable. In fact it is hypocritical and frivolous, and represents a direct attack on all US Airways pilots, West and East, and our attempt to gain an industry-standard contract.

There is absolutely nothing hypocritical in the Company’s filing. In fact, USAPA should welcome the filing as they have told us from day one that the Company would welcome the opportunity to negotiate away from the Nicolau Award. Since its inception, USAPA has told us the Company is free to do so. Through this lawsuit, the Company is simply asking the Court to confirm what USAPA already believes. 

The hypocrisy of the Company’s purported justification for suing is revealed by its own published statements. The frivolous nature of the lawsuit is confirmed by the Company’s own briefs previously submitted to a federal court. In essence, Management has just thrown gasoline on the dying embers of the Addington litigation.

The 9th Circuit was crystal clear in their admonishment that USAPA’s pursuit of a new seniority proposal would render an ‘unquestionably ripe’ DFR lawsuit.  

Let’s look at some of the glaring inconsistencies between what the Company now says its motivations are and compare that to what both it and the courts have already said. From there, we may be able to figure out what is really left for the Company to gain and thereby identify Management’s actual motivations.

Whether one sides with the Union or the Company, it is obvious that this lawsuit was filed to finally end the seniority dispute and merge the airline. Mr. Cleary’s assertions that there exists an ulterior motive is pure conjecture and has no basis in reality. 

What the Ninth Circuit Has Said

One of the Company’s claims is that it is simply asking for direction as to whether it is obligated to accept the former union’s seniority bargaining proposal.

Precisely! 

All parties – the judges, two courts and the Addington plaintiffs themselves – agree that the Nicolau Award was nothing more than ALPA’s bargaining proposal for seniority. 

Not exactly. USAPA was found guilty of failing to fairly represent the west pilots due to their deviation from the agreed upon Transition Agreement process to merge seniority. The TA obligated the Company to accept the submitted list as the final and binding proposal from the east and west pilots. At no time did the judges, two courts, and the Addington plaintiffs ever agree that USAPA could substitute a new seniority proposal without subjecting the Union and the Company to liability. Hence the reason the Company is now seeking a liability release.    

Let’s look at a few key elements of the Ninth Circuit’s decision in favor of USAPA to see if the Company’s action makes any sense in this context:

• “Forced to bargain for the Nicolau Award, any contract USAPA could negotiate would undoubtedly be rejected by its membership.” Given the shared legal obligation of the Company and USAPA to make “every reasonable effort” to reach a final agreement, how can that objective be accomplished by deliberately negotiating toward what all the parties acknowledge would be an unratifiable contract?

There is no way the 9th Circuit, or any court for that matter can determine what the membership will or will not approve. Our sources have confirmed that prior to USAPA’s election, there was a sizeable contingent of east pilots ready to vote on a contract inclusive of the Nic should it have included favorable economics. 

• “By deferring judicial intervention, we leave USAPA to bargain in good faith ...” In other words, the Court is stepping back and allowing USAPA to bargain without court interference or even direction, constrained only by those laws applicable to such bargaining. We welcome that opportunity.

Mr. Cleary deliberately left out the entire sentence. Specifically the part that reads ‘...under pain of an unquestionably ripe DFR suit, once a contract is ratified.’ Mr Cleary may welcome that opportunity, but the Company does not unless they can be assured that only USAPA will be liable once a contract is ratified. 

• “We note, as the district court recognized, that USAPA is at least as free to abandon the Nicolau Award as was its predecessor, ALPA.” Given that ALPA applied what the former AWA MEC Chairman characterized as “extreme pressure” on the West pilots to moderate their position from the Nicolau proposal, how can USAPA be faulted for seeking a ratifiable compromise?

ALPA’s freedom to abandon the Nic rested with the two independent MECs. A new or modified list needed approval by the sovereign MECs followed by separate pilot ratification. The election of USAPA removed the west pilots ability to find a solution with the east. Our former MEC Chairman, Captain Stephan, warned of this when he campaigned against USAPA. ALPA national could provide “extreme pressure” but they had no legal means to abandon the final and binding award. USAPA can abandon the Nic but they first need the Company to be a willing partner. They also need to be willing to accept the consequences of their actions. US Airways management has indicated they are not willing to accept the consequences without prior immunity. 

The Company’s Complaint

Of much hypocrisy in the Company’s complaint is the framing of its “untenable” choices regarding seniority integration as between the previous bargaining agent’s proposal (the Nicolau proposal) and USAPA’s Date of Hire (DOH) proposal. First, the Ninth Circuit has stated that any single collective bargaining agreement incorporating the Nicolau proposal “would undoubtedly be rejected by its membership.” 

Again, Mr. Cleary has no evidence to assert that an agreement incorporating the Nicolau Award would be rejected by the membership nor does the 9th. 

Second, USAPA has never proposed a pure DOH integration, but rather one so weighted with C&Rs so as to effectively create a 10-year fence around the jobs that the West pilots brought to the merger. 

Mr. Nicolau crafted his decision to protect the jobs of all US Airways pilots. Locking the west pilots in Phoenix for 10 years was not part of his Award. 

This gross mischaracterization of the choices available and of USAPA’s earlier proposal either represents a tremendous inattention to detail or deliberate mischaracterization for alternative purposes – i.e., delay. In the height of irony, had USAPA’s C&Rs had been in place now, all of the pre-merger West pilots would be recalled prior to the post-merger East pilots. The shame of it is that but for the Addington litigation most of the West furloughees would be getting their jobs back by now.

This is probably the most shameful and disgusting paragraph in his entire message. Here he blames the west pilots for their predicament. The west pilots never wavered from their obligations under the Transition Agreement. The USAPA founders and the current leadership are the only ones to blame. The real irony Mr. Cleary, is that had the east pilots lived up to their obligations the west pilots currently on the street would never have been furloughed in the first place. 

On August 16, 2007, US Airways CEO Doug Parker expressed his conviction that, “if we could get everyone together at the negotiating table, we could work something out that meets everyone’s needs – though both sides would need to move some from their increasingly hardening positions.”

The problem with this Mr. Cleary is that there are no longer two entities that can independently negotiate for each side. The election of USAPA ended that possibility. 

US Airways now laments that the Addington lawsuit did not resolve the seniority issue to the Company’s satisfaction. But remember this:  US Airways fought vigorously and successfully to remove itself as a party from the Addington litigation. US Airways asserted that the Addington claims were “not ripe” for decision because they “only allege what the defendants ‘intend’ to do, and not what they have actually done.” US Airways argued that the district court had no jurisdiction over the claim that the Nicolau Award should be implemented since such a claim required an interpretation of the Transition Agreement, which was within the exclusive jurisdiction of the System Board of Adjustment.

The 9th Circuit did not release the Company from their obligation to negotiate per the terms of the Transition Agreement. The Company is not willing to negotiate away from the Nic if the possibility exists that they will be sued once a new agreement is ratified. Why this is so difficult for Mr. Cleary to comprehend is a mystery to us.

And US Airways prevailed. Judge Wake ruled that the plaintiffs’ Nicolau-based claims against the Company must be dismissed since the claims were “minor” disputes that were within the exclusive jurisdiction of the System Board. USAPA dutifully set a date for the claims to be heard by an arbitrator, but the Addington plaintiffs declined to proceed. In any other context, we presume the Company would assert that the Addington plaintiffs had affirmatively waived their claims.

More misleading by Mr. Cleary. There is nothing to indicate that the Addington plaintiffs waived any claims against the Company. In fact, in the Company’s lawsuit it specifically states that the Addington plaintiffs sent warning letters after the 9th’s ruling indicating a willingness to sue the Company for breach of contract should the Nic be abandoned. 

With the Company having received the full economic benefit of the delay caused by the Addington lawsuit, USAPA expected that, with the lawsuit’s dismissal by the Ninth Circuit, negotiations would proceed apace – the negotiations that Mr. Parker envisioned as the means of resolving the seniority dispute.

The Company and ALPA were close to a final contract close out before USAPA’s election. Blaming the west pilots for the delay is disingenuous at best. 

Instead, US Airways has initiated yet another delay-inducing lawsuit in barefaced disregard of its previously-stated positions. Whereas the Company argued before Judge Wake that the case was not ripe due to the absence of a final agreement, the Company now argues in favor of ripeness without any negotiations having taking place. Whereas the Company previously succeeded in obtaining a dismissal based on the ironclad rule that contract disputes are within the exclusive jurisdiction of the System Board, it now asserts claims that it concedes are premised on the contractual provision of the Transition Agreement.

Again, if it is a’barefaced disregard’ as suggested by Mr. Cleary, what is the fear? The Company obviously has concerns that it will be exposed to significant liability should it negotiate away from the Nicolau Award. Mr. Parker is charged with protecting the shareholders and this new lawsuit does exactly that. If the law is on USAPA’s side, there should be nothing to fear. 

The Company’s 180-degree maneuver constitutes rank hypocrisy, and its submission of legal claims contrary to the argumentation made to (and accepted by) the same federal court, all verify our conviction that USAPA will continue to and ultimately prevail. But for a Company whose focus appears to reach only to the next fiscal quarter, the delay may be an end in itself. With the conclusion to the Addington case imminent, a management motivated by delay was forced to act now to perpetuate the logjam.

There is absolutely no indication that USAPA will ‘ultimately prevail.’ In fact, the myriad of possible outcomes from this new lawsuit do not bode well for the Association. It is hardly likely management is motivated by delay. Rather, this filing seems like an end game move to finally merge the airline. 

Our Relationship with Management

On June 4th, as the Ninth Circuit ruled, my first call after informing your BPR was to Mr. Parker. I offered to him that day the assistance of our legal team to evaluate and understand what the court had done in an attempt to reach out to him and to build on a relationship with our pilots that has been rocky at best. Although he and I have had subsequent conversations, none were relative to the Company’s supposed problems that this complaint pretends to resolve. Management’s stated motivation for this claim is flatly not supported by the facts of their earlier positions or by their absolute failure to seek solutions with USAPA.

On the contrary Mr. Cleary, the Company’s lawsuit is unquestionably supported by the facts. No judge or jury has given the Company immunity from prosecution should they negotiate away from the Nic. As a publicly traded corporation Mr.Parker has a fiduciary responsibility to protect the shareholders. 

Whatever neutrality that existed with the Company relative to the seniority integration has now evaporated with the stroke of this unconcealed scheme to delay the extrication of all US Airways pilots from bankruptcy/ATSB-era wages nearly five years from emergence. Because of this, in our view US Airways management has become the determined adversary of every single pilot on the property.

Most reasonable pilots, east and west, view this move by the Company as a good faith effort to end the stalemate.There is no question that management has shown poor leadership in the integration process, but this is not the case in this instance. 

In the end, this misguided maneuver by Management will cause them to be hoisted on their own petard. This effort at delay by fostering divisiveness will fail to accomplish their goals because we will use this as an opportunity to yet again confirm that all USAPA pilots have a right to collectively bargain, that seniority is a mandatory subject of collective bargaining and that DOH is a legitimate union objective (particularly when accompanied by USAPA’s C&R protection of the pre-merger career expectations of former-West pilots).

Petard =  a small bomb made of metal or wooden box filled with powder, used to blast down a door or to make a hole in the wall. Can also be used as a phrase such as hoisted with (or by) one’s own petard; have one’s plans to cause trouble for others backfire on one. (Either Mr. Cleary lifted this phrase directly from the dictionary like we did or he’s a student of Shakespeare. You be the judge.)

In the context of backfire and copying phrases from the dictionary one could just as easily substitute USAPA and have it read ‘USAPA will cause them to be hoisted on their own petard.’ In fact, we believe this to be a more accurate statement.  

All US Airways pilots deserve a new contract, and we will continue to put ourselves in a position to accomplish that milestone and to build on our successes. Mr. Parker has underestimated the determined resolve of the USAPA pilots and of the Board of Pilot Representatives. It is imperative that you communicate to Management your extreme displeasure with this poorly disguised attempt to delay your rightful contractual improvements. They can only realize this goal if the line pilots are willing to allow Doug Parker’s management team to continue their indifference to their employees’ legitimate right to share in the rewards of our company’s success.

We wholeheartedly agree that the US Airways pilots deserve a new contract. It is highly doubtful Mr. Parker has underestimated the determined resolve of the USAPA pilots. He fully understands that USAPA is a weak organization supported by less than 50% of the pilots and can only accomplish its goals through the threat of guerrilla like tactics.   

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

“In accordance with the decision of this Court, the judgment of the District Court is affirmed.”

-4th Circuit Court of Appeals

This morning, the 4th Circuit Court of Appeals denied USAPA’s request to have their RICO suit reinstated and reaffirmed the decision of the District Court to dismiss the case.

From the beginning this was a malicious attempt by USAPA to persecute and intimidate the minority west pilots. No evidence was ever offered substantiating the claims against the 24 west pilot defendants. 

We eagerly await Mr. Cleary’s apology to the defendants and the west pilots as a whole for the Associations actions in this witch hunt. 

Unfortunately, this apology will probably never come. In fact, we would be surprised if USAPA even mentions this decision in any of their communications.

Their deceptiveness and vindictiveness shows no bounds. One only has to read Mr. Cleary’s President’s Message to fully comprehend the true mindset of this flawed union. 

Stay tuned to TheEye for commentary on Mr. Cleary’s latest repugnant and shameful diatribe.  

“Specifically, our court papers request that the Court clarify the Company’s legal rights and obligations with respect to the seniority dispute and the new single contract: Must the Company insist the Nicolau Award be included in the new single agreement? May the Company enter into a single agreement that does not include the Nic? If the Company enters into a single agreement that does not include the Nic would it have legal liability to the West pilots?” 

-Stephen L. Johnson, EVP US Airways, Inc. 

The bottom line is management wants to know whether or not they will be liable should they negotiate away from the Nicolau Award. The 9th Circuit was very clear that they were merely ruling on the ripeness of the suit, not the merits. USAPA falsely and deceptively asserted that the 9th green-lighted and endorsed their pursuit of a quasi date of hire methodology. Should this have been the case, there would have been no reason for the Company to file a lawsuit in Federal Court seeking a declaratory judgment.

As evidenced by USAPA’s emotional and sophomoric reaction to the lawsuit, they are in  an untenable situation. Unless the court completely absolves US Airways of all liability, both present and future, the Company will most certainly insist that the unmodified Nicolau Award comprise Section 22 of the new agreement. 

The Court can respond to the Company’s request in a multitude of ways. But as TheEye has been reporting for almost two years, all roads for USAPA lead to Nicolau. Even if the Court refuses to directly order the Company to use the Nicolau Award, it is unlikely they will be released from future litigation and liability. The Company is bound by contractual obligations as specified in the Transition Agreement. The 9th wrote that ripeness for future claims resides at the conclusion of the bargaining process. They specifically avoided commenting on what exactly would constitute a DFR or contractual breach. In this context, should Arizona District Court not grant the Company an unconditional release, USAPA’s only option would be to petition the 9th arguing that it is ripe to grant the Company immunity as the bargaining of a quasi date of hire list is fair to all pilots, both east and west. The problem for USAPA is that the 9th has already refused to comment whether a seniority solution other than Nicolau is fair or not.  

USAPA is truly in a no win situation. Their proclamations of victory following the 9th’s ripeness ruling have boxed them into a corner. They mislead the membership into believing that the Company would be a willing partner in the destruction of the west pilots careers. That seniority could be bargained in a similar fashion to the contents of a crew meal. They assured us that the Company wasn’t obligated under the Transition Agreement to stick with the accepted Nicolau Award and that the terms of that specific section of the agreement were strictly between the Company and the former bargaining agent. That every other section of the agreement was inherited by the Association to the exclusion of seniority integration. 

We believed USAPA because they were telling us what we wanted to hear. We never questioned the practicality, technicality, or morality of the crusade. Now years later we’re wondering why we let ourselves be bamboozled into such a dubious scheme. 

The end game has arrived...

“The suit, which was filed without advance notice to USAPA...”

-USAPA NEWS FLASH July 26, 2010

It is clear that yesterday’s court filing has plunged USAPA into full panic mode. In their haste they stated that they will ‘vigorously oppose this lawsuit.’  But one must ask why they are so ‘vigorously’ opposed to this filing? Didn’t they promise us with supreme confidence that the law was on their side? Didn’t they guarantee us that US Airways would be more than willing to negotiate seniority? 

Why are they so fearful of the company’s request?

Mr. Seham and Mr. Cleary are worried and this update clearly reflects it. 

One little tidbit that Mr. Theuer conveniently left out in his not so timely news flash was the likelihood that Judge Silver will transfer this docket to the Honorable Judge Neil Wake. 

The lion has roared and USAPA is running for cover. 

Today, US Airways, Inc. filed a motion in Federal Court seeking a declaratory judgment in the seniority dispute. It is clear that the company believes they are liable should they negotiate away from the accepted Nicolau Award. 

It appears Mr. Cleary and Mr. Seham’s plan to negotiate seniority has just been derailed.

We look forward to USAPA’s spin on this important turn of events. 

Last week, the west pilots as represented by Leonidas, LLC filed their intent to appeal the Addington case to the Supreme Court. Although it is highly unlikely the court will hear their appeal, their perseverance cannot be ignored. It appears that the west pilots are both well funded and determined in their quest to prevent the completion of USAPA’s seniority heist. 

USAPA’s noise machine has gone to great lengths to deceive the east pilots into believing that their case is solid and they are months away from a quasi date-of-hire seniority integration. In reality (as TheEye has already reported), USAPA did not win anything at the 9th other than the proclamation that they need to actually destroy the careers of the west pilots before they can be found liable for their actions. Should the Supreme Court not take the Addington Appeal, it is likely that the west pilots will bring a well funded and solid DFR claim against USAPA and US Airways, Inc. should a tentative agreement sans Nicolau be passed by the membership. In fact, the 9th was crystal clear in their proclamation that the case would be ‘unquestionably ripe’ should USAPA fail to honor their inherited obligations. 

USAPA can never escape from the pretext of their formation. As admitted to by Steve Bradford, USAPA was formed exclusively to circumvent the implementation of the Nicolau Award. Crew room banter that Nicolau was the final straw in east pilot disenfranchisement with ALPA is just that; crew room banter. It is the excuse of a guilty conscience justifying the deplorable actions of the majority. The jury in the first DFR case didn’t buy it and the judge in the second DFR will also reject the tyranny of the majority as a representation of democracy. 

Yet as recently as this week in their propaganda rag “The Iron Compass” USAPA characterized the Addington Plaintiffs as the ‘losers.‘  TheEye has always considered all the US Airways pilots as the ‘losers’ as we all work for pathetically substandard wages and under bankruptcy work rules. Our peers at others airlines have leap frogged us in all contract areas. All while the hardcore USAPA supporters press ahead with their immoral scheme to end run inherited obligations and jumpstart their stalled careers. 

If the motion for a stay from the 9th Circuit is rejected, our inside sources have confirmed that the NAC will again pass a quasi date-of-hire seniority list with minimal conditions and restrictions across the table. It is almost certain that Mr. Parker, under advisement from his legal team, will instruct the company negotiators to stand firm on the Nicolau Award as the accepted seniority list. Mr. Parker has absolutely no reason to move off the Nicolau Award unless he can extract significant concessions from the union and protect the corporation from being named a defendant in the second DFR lawsuit. 

Mr. Cleary’s options are severely limited. He can’t force the company to negotiate seniority nor does he have the leverage to extract any gains at the negotiating table. The mediator will also never release the parties to self help with less than 50% of the pilot group supporting the NAC. 

The only certainty is that we the ‘losers’, both east and west, will be stuck with the status quo for years to come. 

There will be no strike. 

There will be no chaos. 

There will be no contract.  

“Obviously this topic is not news to you, but it should give you pause to reflect on what a significant victory this was for USAPA in our ongoing effort to defend the rights of all of our pilots, both East and West...”      -July 7 CLT update

If you were able to read the latest CLT update in its entirety we would like to offer our congratulations. Their disjointed and overly loquacious update typified what we have come to expect from three representatives whom continually blame everyone but themselves for our current predicament.  

We were particularly piqued by their characterization of the recent decision by the 9th Circuit Court of Appeals as a ‘significant victory.’ As most of us know, this is a highly deceptive interpretation of the ruling. No where in the decision can an affirmation of a date-of-hire methodology be found. It is fact that the court simply ruled that USAPA is free to negotiate with US Airways management with the caveat that the final product is subject to an unquestionably ripe duty of fair representation lawsuit. 

It is clear that the CLT representatives either received a flawed legal briefing on the true meaning of the ruling or they are continuing their pattern of reckless behavior by ignoring  reality and pursing a strategy of mutually assured destruction. We are confident it is the later. 

Now that the en banc request has failed, Judge Wake will dismiss the injunction (it is still in effect contrary to confusing statements made in recent USAPA correspondence) and enable a legal discussion to occur between US Airways management and USAPA. It should be noted that USAPA has already passed a quasi date-of-hire list to management and never received a response. Why the CLT representatives feel they will get a different response this time around is mind boggling to say the least. There is no indication that US  Airways management will be amenable to anything but the Nicolau Award. One needs to ask, why should they move off the accepted list? 

Of course, the CLT representatives ignore the need for unity in their plan. The NMB will never release the pilots to a 30 day cooling off period with over half the membership voting against a strike. Section 6 talks will most likely be parked while the union and management reach a deadlock over seniority. In other words, the idea that a contract with a quasi date-of-hire seniority list is even remotely obtainable is utterly absurd. 

In less than four years a captain at Spirit will be making north of $200/hour.

In four years a captain at US Airways will still make $124/hour. 

McKee, Ingram, and the union busting Crimi are plunging us into an abyss!

“Typically, in years past, our previous bargaining agent chose to ignore the problems of other airlines and other labor groups.”                  

-Rick Odato, USAPA SPC Co-Chairman

 

We realize it has been a busy and celebratory week at USAPA headquarters with their perceived win at the 9^th. The tastelessness of the gloating is beyond any of us ever imagined. A staff member of TheEye commented that “he has never been more embarrassed by the behavior of his fellow airmen following the decision last week. In 26 years and four mergers, this is a new low in the history of the US Airways pilots.”

 

In this context, we could not ignore the recent Strike Preparedness Committee update sent out by committee Co-Chairman Rick Odato. We are particularly astonished that he would make such a brazen statement regarding the prior bargaining agent when one of his direct supervisors is a known union buster (Steve Crimi) and the committee which publishes his updates harbors an alleged Continental scab.

 

If you recall, both ALPA and the AAA MEC were unambiguous with their positions on furloughed US Airways pilots accepting pilot positions at Freedom Airlines. In fact, the AAA MEC passed a resolution calling for the Article VIII and complete denial of furloughed benefits to those who chose to ignore their warning. At no time did ALPA or the AAA MEC ever differentiate between completing training versus actively flying the line. The mere act of interviewing for a union busting operation was enough to be in violation of ALPA and AAA directives.

 

Now let’s fast forward to the decision of the 9^th last week granting USAPA the latitude to negotiate seniority under the stipulation that an “unquestionably ripe” DFR will be triggered should an alternate to Nicolau be contemplated. Mr. Odato believes that the US Airways pilots will be walking in harmony on a picket line and advises us to order our company provided hats. Does he really believe that US Airways management will abandon Nicolau and give in to all other demands at the table when 1700+ west pilots will be working in the complete opposition to USAPA’s direction? The only scenario in which we envision the company moving off Nicolau is for the east pilots to buy their seniority and then indemnify the corporation with a hefty bond for the guaranteed hybrid DFR.

 

We also feel the need to point out the obvious to Mr. Odato. The Spirit pilots are represented by ALPA and their efforts are funded by the MCF. The reason a strike threat at Spirit is so powerful is it’s directly correlated to the power of the largest pilot union in the world. Before we made the mistake of voting in USAPA, we too were joined on the picket line with a cross section of ALPA pilots. We are confident that the Spirit pilots would have been far more grateful had we supported them financially through MCF funding then a few USAPA pilots showing up for media attention at their event.

 

Mr. Odato, we need to get our own house in order before we earn the privilege to walk the line.  We have the most divided pilot group in the industry, bar none. The Spirit pilots are making a brave and powerful stance against their greedy management with the backing of the entire profession. USAPA could only dream to replicate such unity.

 

USAPA was founded on the pretext of using the majority to disadvantage the minority. This history can never be ignored or changed. It is fitting that such an organization would support and harbor individuals who knowingly took advantage of their fellow aviators to benefit themselves. 

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

The verdict is in and President Cleary has declared total victory over the west pilots.

Unfortunately, Mr. Cleary has neglected to pass along the real story. We have won nothing more than the right to beg the company to move off the Nicolau Award. And when we do, the 9^th has stated that this action will render a DFR unquestionably ripe.  Two years and millions in legal fees and we have beaten back one lawsuit on a technicality. Even the judges who agreed on the ripeness issue with USAPA still put the union on notice. TheEye has read the decision and heard the competing interpretations from the west pundits, east pundits, and outside analysts as to what it really means. TheEye’s first impression is that it appears to be nothing more than a "reset" to Act One, Scene One of this whole drama.

While the panel ruled 2-1 to dismiss this case, the dismissal was only based on the "ripeness doctrine" which indicates to us that the judges believed what USAPA may have done thus far could be a DFR, or might not be a DFR, they just couldn’t rule on that yet. Due to a lack of similar case precedent there was bound to be some wrinkles, and many observers outside our ranks apparently expected this 'it's not quite ripe yet to decide' outcome. However, in reading the decision, it is clear that even the judges who decided to dismiss were not casually throwing the DFR issues to the wind and what they wrote is a long way from green lighting Mr. Cleary to do whatever he pleases. Of course, the west will likely appeal to the whole of the 9th circuit and possibly the Supreme Court, just as the east would have likely done as well or will do if the tables were turned or get turned.

Of particular concern to us is the notion that Mr. Cleary thinks he has completely won. Within hours of the decision he issued a statement claiming victory along with a call for peace. We believe this is particularly troubling considering the years of legal struggles ahead combined with a likely merger with one of the new big three. Not only have we won absolutely nothing, but the 9^th even insinuated that the negotiation of seniority away from the Nicolau Award by the Association is a sure fire DFR. Mr. Cleary’s unfitness to lead this union has never been more evident.

Mr. Cleary and Mr. Mowrey have also neglected to relate to us the true reaction of US Airways management when the passed their quasi DOH list almost two years ago. We have all heard the story that management was quite direct with USAPA and refused the new list. It’s entirely possible that USAPA's next legal battle will be with US Airways management to try and force them to accept the quasi DOH list. It is guaranteed that the west pilots will hit USAPA with a follow-up lawsuit should Mr. Cleary be successful in goading/suing the company to accept their dream list with punitive conditions and restrictions for the west pilots. .

Some things are certain; we will pay more legal fees, there will be more expenses, and we will all experience further delay. During this time our company will return to profitability with record load factors. We will remain eons from a contract and our furloughed pilot brothers and sisters will still be on the street.

In the meantime, things HAVE been developing on the contract front....for other carriers anyway.

UAL and Continental seem well on their way to a Delta + joint contract as a premium for their assent to the merger. Wall Street analysts and Mr. Kirby himself have recently stated that a merger is key to unlocking a ratifiable agreement and bringing finality to the seniority dispute. With this in mind, we must ask what Mr.Cleary been doing to prepare and protect the US Airways pilots should a merger with one of the big three come to fruition.

Has Mr. Cleary hired competent and experienced outside merger counsel?

Nope.

Has Mr. Cleary appointed competent and experienced pilots to the Merger Committee? Pilots whom have participated in a complete seniority integration from arbitration to implementation?

Nope.

Does Mr. Cleary have a clue as to what he will need to budget for legal bills in light of a potential Allegheny-Mohawk arbitration with the Allied Pilots Association ("APA") or up against the ALPA MCF?

Nope.

Or does Mr. Cleary plan to force us into another assessment with significant impact to the family budget all while his inner circle lives high of flight pay loss, steak dinners, and Marriott points?

Most likely!

The bottom line is that even though this decision might cause east pilots to rejoice and west pilots to cringe, those emotions should be short-lived. Both sides need to take a longer view of our predicament and think carefully about what we are likely to face as our industry undergoes transformation from six major legacy carriers to three. As it may take years for merger scenarios to sort themselves out, we need to acknowledge that the stalemate of separate operations will be the norm for the foreseeable future. While we all hold out hope for our snapback, it may not happen, and most of us know in the back of our minds that our next realistic opportunity to cash in on a new contract will likely be as part of a merger. We should be figuring out ways to come together and how to peaceably prepare for the next transaction. Unfortunately, Mr. Cleary and his cadre of union busters are too busy trying to stay in power. And of course there’s Mr. Seham with virtually no pilot seniority arbitration experience gearing up for his next cash cow with his unrelenting determination to milk us for every dime we have even if the ultimate outcome is less than perfect for any pilot - east or west. The last thing ANY pilot should want is a brash Lee Seham angering a seniority arbitrator during Allegheny-Mohawk talks with the APA. Of course we will be the ones paying for this show of arrogance. We’re sure he’ll show his appreciation by naming his next yacht after our so called union.  

We leave you with something to ponder should a merger with American become reality:

What will USAPA do if the Allied Pilots Association, in an effort to avoid liability and backed up by both management teams, asks for both separate east and west seniority lists and demands a three-way arbitration as no single seniority list will likely be put into place at LCC prior to the next transaction?

 ***Is it possible that both the Nicolau Award that the west desires and the quasi DOH list that USAPA desires NEVER see the light of day?***

A good question indeed!

Yesterday TheEye posted an entry which appeared fragmented and disjointed to some. We apologize for the vagueness of our words but take full ownership of the content. We had information that linked a current BPR member and candidate for a national office with blatant union busting activity.  

Early this morning, Mr. Crimi sent out a paid campaign email in response to our blog. He was backed into a corner and had no choice but to disclose his employment as an original Freedom Airlines pilot. Although we were deeply troubled to learn about past union busting activities of a sitting BPR member, we were equally as troubled by the manner in which he chose to address the issue. His response was modeled after the USAPA’s proclivity to censure dissent or label it as “Internet trash talk” Instead of addressing our legitimate request for an explanation of his activities, he dismissed it as both ‘smear’ and ‘slander.’ It should be of no surprise that Mr. Crimi is an ardent supporter of the censorship type approach championed by Mr. Cleary and Mr. Theuer. He has supported every failed attempt to tighten the reigns on pilot communications. Fortunately, in an election campaign Mr. Crimi is not covered by BPR policies and is directly accountable to the electorate as a whole. We believe the seriousness of his actions in 2003 cannot be overstated and must be addressed.  .

A significant change since the election of USAPA as our bargaining agent is the ability for the line pilots to select national officers. This was not possible under ALPA. Those running for these positions are directly accountable to the line pilots. As such, we believe that asking tough questions of our candidates and their backgrounds is fair game. After all, USAPA claims transparency to be a cornerstone of its mores. Mr. Crimi apparently does not believe that you are entitled to ask him questions related to his fitness to hold office. He would much rather you just outright dismiss any questions regarding his character and blindly cast your vote for him. Remember, he believes that dissent is akin to character assassination and desperation. None of us should take so lightly Mr. Crimi's attempt to dismiss our legitimate concerns.

With this in mind, we need to address Mr. Crimi’s statements regarding his employment at Freedom. Throughout 2002 ALPA National, the US Airways MEC, and numerous independent unions issued advisories to their pilots about accepting employment at Freedom. The MESA pilots were involved in contentious Section 6 negotiations with management and were seeking substantially improved wages and work rules for the cadre of larger jets arriving on property. The MESA pilots had substantial leverage in these negotiations involving these new aircraft. That is until MESA CEO Jonathan Ornstein devised his alter-ego airline plan. The success of the Freedom whipsaw rested on Mr. Ornstein’s ability to recruit pilots to operate the planes. He had a few willing enablers from within the MESA ranks but he needed more. The call went out for off-the-street hires and despite the best efforts of ALPA and the independent unions, candidates to fill new hire classes were found. Mr. Crimi was one of these off-the-street hires. By his own admission he was hired in early January 2003 and completed his CRJ type rating on March 27^th of that year. His excuse that he was terminated at a later date, even if true, is irrelevant. It was his willing employment that was the catalyst that broke the camels back and eventually forced the MESA pilots to accept a concessionary contract to rid them of the Freedom whipsaw. 

Fast forward seven years and Mr. Crimi is now asking for our trust to lead our pilot union. We feel an individual who participated in union busting activities, and then who attempted to dismiss your right to inquire of those activities, has no business holding an officer position within the very union that is charged with protecting our careers. This is not desperation or a smear campaign as Mr. Crimi suggests. Rather it reflects a sincere desire that regardless of the name on the banner, we can expect leaders wholly committed to the union cause. Mr. Crimi’s background does not rise to this standard.

Mr. Crimi does not deserve your vote and should not be afforded the privilege of representing the US Airways pilots in any capacity.

 

 

 

“Steve has the background to execute with perfection. He has no hidden agenda. He is here for the line pilot, not to feed his own ego, or obstruct the progress of the union…I have watched with great pleasure, Steve’s work on the board. His background and depth of knowledge of union workings is top shelf.”

                                                                  Capt. Rich Peters – Former USAPA Boston Chairman

Most of us would normally hit the delete key upon the receipt of a campaign endorsement from First Officer Crimi’s hand picked successor. After all, a Crimi win returns Mr. Peters to a seat at the BPR table with the substantial clout of the Charlotte base instead of his infinitesimal former domicile. TheEye, however, couldn’t ignore the irony in his words of praise.

We need to take the trip back to 2002 when Mesa Airlines CEO Jonathan Ornstein formed Freedom Airlines. Using volunteers from within and off the street pilots, Ornstein sought to bring 64 seat and larger jets to the blossoming fee-for-departure model outside the constraints of collective bargaining units. At the time, the MESA pilots (represented by ALPA) were negotiating for new wages and work rules for these new jets. Instead of bargaining in good faith to place these jets in service, Mr. Ornstein formed a new non-union airline to skirt his obligations. ALPA and its MEC’s took a hard line against this union busting tactic.

The following is from the December 18, 2002 US Airways MEC code-a-phone:

“The MEC directed the MEC officers and Negotiating Committee to inform US Airways management that the MEC ... objects to any potential or contemplated code sharing arrangement with Freedom Air unless its pilots are represented by ALPA. The US Airways MEC supports the actions of ALPA International’s Executive Council and Executive Board in opposing the formation of Freedom Air as a non-union entity, and directed that all furloughed US Airways pilots be notified of the Executive Board, Executive Council and MEC’s opposition to Freedom Air. Any pilot on the US Airways seniority list that accepts employment with Freedom Air will lose all US Airways MEC-sponsored ALPA privileges, including but not limited to jumpseat, health insurance, web access, furlough administrator access, and ALPA-provided job search programs. If applicable, the US Airways MEC will file Article VIII charges against any US Airways seniority list pilot accepting or remaining in employment with Freedom Air after February 1, 2003, for engaging in action detrimental to the Association.”

If you are wondering why how this is related to Mr. Crimi, so are we. Hopefully we will be receiving an explanation in the very near future.

Vote for Pedro!

In the 2004 cult film Napoleon Dynamite, the film’s protagonist successfully conducts a campaign to help elect one of the least popular students in the school as class president. Pedro’s success was based on the fact the Napoleon was able to “get out the vote” for his friend. We have less than three weeks left to exercise our rights as members in good standing to select our next Executive Vice President.                           

                                    -The Iron Compass – Volume 1,Issue 22-May 4, 2010.

It's no secret that the Cleary administration fears oversight. Since the office of Executive Vice-President (EVP) was vacated by a political rival last December, Mr. Cleary tried (illegally) filling the position with a rubber stamp and then waged a campaign to eliminate it all together. Fortunately, the question was forced to a membership vote and the US Airways pilots saw right through Mr. Cleary’s shenanigans and voted to retain the position.

In order to preserve the top down structure of his administration, Mr. Cleary collaborated with the Charlotte BPR Reps and his Pilot-for-Pilot committee to run a sympathetic candidate. In haste they decided that CLT First Officer and BPR member Steve Crimi would run and the former BOS Domicile Chairman Capt. Rich Peters would be appointed as successor. Mind you, these two pilots were staunch advocates for the elimination of the position. First Officer Crimi wrote the following about those that support the office:

“They are essentially asking members to waste $100,000 of your dues money a year by continuing to pay for an unnecessary National Officer Position.” 

Now, in a flip-flop of epic proportions First Officer Crimi had this to say about the duties of the EVP:

“I believe I am an excellent fit for the EVP position because I understand the duties and responsibilities of the position….I strongly support these duties and responsibilities and promise that if elected, I will adhere to the job description and ideals of the office.”

With First Officer Crimi’s credibility highly in doubt and a strong west candidate on the ballot, PMI Theuer was tapped to perform damage control. In the May 4^th edition of the Iron Compass, Mr. Theuer warns the east pilots that if they don’t get out the vote, the least popular (read west) candidate will win.

Apparently Mr. Theuer doesn’t understand Department of Labor election law which requires complete neutrality in union elections. Most reasonable people would conclude that the quote at the top of this entry is a statement against the west candidate. Or is it possible that Mr. Cleary and his administration fear the election of a west pilot so much that they’re willing to play roulette with election law?

Only Mr. Cleary and his supporters can answer this question.

TheEye encourages the candidates on the ballot to file a complaint against the union with the Department of Labor. The communications committee of a union cannot be allowed to meddle in election politics.

It has been over two years since the election of USAPA and the prospect of achieving a joint contract has never been more distant. The blame for this rests squarely on Mr. Cleary and his incompetent administration.

Although TheEye is not endorsing a particular candidate, we believe it is incumbent upon us to start electing competent leaders who can unify this pilot group and achieve tangible results.

Until then….

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

 

It must be celebration time once again at USAPA headquarters. Consumer advocate Cleary must be thrilled with the DOT’s denial of the amended slot swap application with Delta. It appears Mr. Cleary’s wish for a replication of the successful Southwest effect at Pittsburgh and Baltimore still has a chance at DCA. Why in the world would he want a stronger and viable fourth hub for his pilots when he can be a champion of the consumer and bring lower fares and new competition to one of the most sought after airports in the country?

With US Airways temporarily sidelined in the merger arena, this slot swap is a crucial component to the company’s return to profitability. The health of the airline should be of utmost importance to the pilots when we’re at the table seeking substantially improved wages and work rules.

So we remained miffed with Mr. Cleary’s anti-pilot stance in favor of lower airfares for the consumer. Quite frankly, it's bizarre behavior for a union president to publicly endorse policies contrary to the best interests of the membership.

A strong US Airways will lead to a strong contract. Apparently Mr. Cleary does not subscribe to this concept.

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

The day before the last BPR meeting in CLT, USAPA President Mike Cleary and his sidekick Randy Mowrey attended a meeting with US Airways CEO Doug Parker to discuss a potential merger with United Airlines. Sources close to Mr. Cleary’s inner circle have reported that USAPA was offered a Delta + contract and asked to immediately resolve the ongoing seniority dispute.

At a March 17 Crew News Session in CLT, Doug Parker ended the session with an impromptu discussion of the east pilot change of control provision. He stated that this provision had been an impediment to the consummation of mergers in the past and if there were to be a future transaction the deal would be structured to circumvent it. During the final days of the latest merger talks with United, there was concern amongst the financial community that a deal structured with US Airways as the acquiring entity was a risky proposition that would be difficult to finance. This gave United enough pause that they resumed merger talks with Continental rather than structure a questionable deal with US Airways.

Although the Delta + contract was not immediately discarded by Mr. Cleary, the concept of any resolution to the pilot seniority dispute was flatly rejected. Instead, the BPR authorized Mr. Seham to file an emergency request with the 9^th Circuit Court of Appeals seeking relief from Judge Wake’s injunction. Although the emergency request had virtually no chance of success as it was filed in the wrong venue, some believed that it would compel the 9^th to expedite their final decision on the Addington appeal. It is important to note that the vast majority of the BPR still believes that USAPA will be successful in the 9^th and the Addington verdict will be reversed.

Unfortunately for Mr. Cleary and the BPR, the 9^th not only denied the emergency stay request (which was expected), but they also denied USAPA’s original stay request filed last year with the Court (which was not expected). If there is any indication of the direction the 9^th is leaning, this was the defining moment. If the 9^th was leaning towards reversal or remand, it is highly likely that they would have granted the original stay request.

Which brings us back to the United merger. With no decision from the 9^th and the reluctance to accept Delta + wages, the BPR under Mr. Cleary’s guidance unilaterally destroyed any hopes of contractual gains for the US Airways pilots.  A merger with United would have provided a more stable career with immediate financial gains. Instead, we will continue to work for the weakest of the network carriers with questionable long term survival prospects.

The possibility of Delta + wages was flushed down the drain along with better work rules, retirement, and career stability. It is entirely possible that United will come knocking once again and unless there is change at the top, the dollar amount on your paycheck isn’t going to change.

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

We recently learned that the USAPA Merger Committee met in New York with counsel last week in light of the latest United-US Airways merger talks. Apparently five years of failed strategy has done little to stop Mr. Cleary from pursuing his DOH pipe dream. They were erroneously advised that the Nicolau Award disappears in this yet to be announced transaction and there are clear skies ahead to finally destroy the careers of the former America West pilots.

 

The good news is that Mr. Cleary and his followers are in the minority in this belief. Both ALPA, US Airways management, and Judge Wake will ensure that the Nicolau Award is the certified seniority list presented to the United merger committee should a transaction occur.

 

The United pilots have more money, more political influence, and better legal counsel. We can either continue fighting this pointless east west battle over a list that cannot be changed or we can acknowledge the reality of our predicament and draw from our vast collective resources to protect our careers going forward.

 

The Nicolau is the baseline and that cannot be changed.

 

The US Airways pilots are the minority in this next transaction, it’s time to fight as one.

This following letter was sent to the US Airways pilots by the "Cactus 18" defendants

Fellow US Airways pilots,

As most of you are aware, the USAPA Board of Pilot Representatives recently passed a resolution that authorized settlement discussions over the RICO suit.  Although we did take substantial time to consider USAPA's offer, we have unanimously decided that its terms are unacceptable.  If USAPA desires to put this lawsuit behind them, then they should simply withdraw their appeal and refrain from making any further defamatory claims that any defendant ever engaged in any sort of criminal activity.  The claims in this lawsuit seek to permanently tarnish our reputations, and we remain prepared to pay the necessary price to protect ourselves and remedy any harm done.

There are a few proponents of this lawsuit who believe that it serves as a path for retribution.  We would like to remind those individuals that this is a civil (not criminal) matter, and we have thus far been vindicated in a federal court.  In other words, there is absolutely no basis for the use of the term "criminal", and a federal court has declined to even listen to USAPA's case.  Ultimately, it will be up to the union's membership to decide whether or not this lawsuit was a judicious use of nearly $300,000 of their dues dollars.  We think that the outcome of the lawsuit will speak for itself.

Oral arguments for USAPA's appeal are scheduled for Tuesday, March 23, 2010 at the Fourth Circuit Court of Appeals in Richmond, Virginia.  We will keep you apprised of the proceedings.

Thank you for your continued support.

 

TheEye encourages all US Airways pilots to donate to this worthy cause. A union suing its own members is unprecedented. Remember, this case was dismissed in the defendant’s favor and it is that decision which is under appeal in the 4^th District Court of Appeals. USAPA is asking the court to reverse the dismissal so they can continue their vindictive campaign against the west pilots. All US Airways pilots should be disgusted with USAPA’s pursuit of this.

 

Please send donations to:

 

AWAPPA LLC

 (Denote "RICO Defense Fund" on your check)

PO Box 20865

Phoenix, Arizona  85036

 

We’ve been assured that all donations will be kept completely confidential.

“Historically this kind of market domination results in higher airfares, reduced frequency of flights and less choice and generally has an adverse effect on the traveling public, particularly in medium- and small-sized markets”  - USAPA President Mike Cleary

 

Wearing his consumer advocacy hat, Mr. Cleary continues to use membership money to destroy the careers of the US Airways pilots. This morning, USAPA issued a press release praising the DOT for the conditions it placed on the proposed Delta-US Airways slot swap. Conditions explicitly intended to allow an airline such as Southwest greater access to La Gaurdia and new service at Reagan National in D.C. As we’ve stated before, US Airways’ National hub is a substantial asset to the corporation. It’s an asset that has the potential to return the airline to sustained profitability, thereby providing greater job security and improved contract provisions to the pilot group.

 

Mr. Cleary’s public support of the DOT’s conditions and restrictions is akin to traitorous behavior. In his delusional microcosm, he believes that wrecking the company’s financial performance will somehow cause management to reverse course on the base closures in BOS, LGA, and LAS.  

 

Over the last few weeks Mr. Cleary and his communications arm have asked the membership if they are Red With Anger? The answer to this is an unequivocal yes! We’re fed up with Mr. Cleary and his incompetent and erratic behavior. We’re tired of a union president more concerned about securing lower airfares for the American public than bringing contract improvements to the pilots. We’re Red With Anger and it’s squarely directed at our union president.

 

Remember USAPA’s campaign promise that it would be a more professional and pilot oriented union? That it would conduct business without emotion supported by industry experts to achieve contract gains?

 

We remember those promises too. Unfortunately, our futures have been hijacked by a union president fixated on dividing the pilot group and financially wrecking our airline.

 

Have you had enough?

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

 

More than 24 hours have passed since the Ballot Certification Committee published the results of the referendum to eliminate the EVP position. Mr. Cleary and PMI Theuer must be holed up in a conference room crafting their spin in an attempt to rationalize their devastating loss.

 

To be blunt, Mr. Cleary and his minions didn’t just lose in their blatant attempt to consolidate power, they were smashed. They needed a super majority to vote their way and in the end a simple majority voted to retain the position.

 

It is clear that Mr. Cleary is losing support. Although USAPA doesn’t poll its membership, we would be surprised if his approval rating exceeded the 953 pilots that voted his way. Keep in mind that Mr. Cleary pulled out all the stops to sway the vote in his favor. He even activated the P4P (Pilot-for-Pilot) phone tree to increase voter participation.

 

In a little over a month USAPA will mark its second anniversary. Since that time we’re still working under LOA 93 and have made virtually zero progress towards a joint agreement.

 

The only raises in sight are for those returning to the left seat. A seat that pays a paltry $124/hour; roughly $50 less than our industry peers and $17 less than our west colleagues. It’s also a seat that comes with abysmal work rules and bankruptcy era benefits.

 

Two years down the drain and some believe that USAPA’s strategy of delay and litigation is paying off.

 

This trust fund kid mentality is destroying our careers.

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

 

 

This article is reprinted in its entirety from The Compass Correction Card

 

Mission Statement

To provide pertinent and timely information to the rank and file, in an effort to fully inform and educate the Line Pilot on the issues facing our pilot group.   We, the writers and editors of The Compass Correction Card firmly believe that you, the Real Directors of USAPA must make informed decisions and  that you can be inspired to actively engage our union representatives and leaders, with pointed and thoughtful questions. In short, we will offer a credible, fact-filled counter-point to the filtered and sometime inaccurate information provided by USAPA’s Communications. Only then will the pilots be able to make informed decisions as we work our way towards a consensus.

 

Compass Correction:

We have read with a combination of alarm and amusement, the electronic newsletter from USAPA, “The Iron Compass”.  We are disappointed by the highly politicized and biased tone of its writers.  The articles that we have read thus far play fast and loose with the facts.  They have twisted real events into propaganda for the benefit of our current administration seeking centralized power with less accountability. The current USAPA Communications Policy neither invites nor even tolerates opposing viewpoints.  The Administration’s communication /political strategy depend upon the suppression of contradictory and questioning voices. Have you ever wondered why our Current President ran as a part of a Slate?; quite simply, because propaganda can only succeed in a vacuum of competing ideas and with a lack of loyal opposition to a dictatorial style.  Sunshine remains the best disinfectant.

THE ISSUES OF THE DAY:

In this first outreach, we will address a couple of issues. The most pressing and egregious is the deliberate and ongoing misrepresentation of former Executive Vice President Dave Ciabattoni’s position of record on the retention or elimination of the office of EVP at USAPA.  Efforts by the Former EVP to have USAPA communications corrected resulted in, initially no response from USAPA, followed by further misrepresentation of Ciabattoni’s position on the subject of the office of Executive Vice President.

A full court press to get the vote out is being waged by USAPA’s P4P program.  Talking points include (an imaginary) - $100,000 savings per year, and false assertions by USAPA that the former EVP had actually recommended the wholesale elimination of the position when he has not done so.  If you’re more interested in the options presented, in context, contact your domicile representative. 

It is a certainty that, in the absence of an EVP, that much of his former work will be then allocated to ad-hoc committees. This is true, because historically, our current President and Vice President are work averse…sad, but demonstrably true.  

By the Constitution the President has the sole power to appoint these ad hoc committees.  To what cost will flight pay loss rise in order to accommodate the president’s handpicked ad hoc committee members?

The former EVP presented in writing a number of Options to the BPR on November 3, 2009 regarding the staffing needs for USAPA.  One of many options presented to the BPR was the replacement of the EVP with an in-house attorney/contract administrator (option G).  

When our former EVP brought the current misrepresentation of his position to our Communications Committee Chairman the resulting correction was nearly hidden within the Iron Compass.  The correction was minuscule, misleading and missed the point…otherwise, it was fine!    

From Wikipedia:

Lying by omission

One lies by omission by leaving out important fact(s), deliberately leaving another person with a misconception. Lying by omission also includes failures to correct pre-existing misconceptions. An example is when the seller of a car declares it has been serviced regularly but does not tell that a fault was reported at the last service. Lying by omission is Propaganda!

Why is it so important for USAPA leadership to eliminate the EVP position which was addressed in the USAPA Constitution referendum of October 2008 that they resort to misrepresenting the former EVP’s position?

What you see below, in italics, is excerpted from USAPA’s website.  It was intended to be a sort of “FAQ” to our line pilots.   In fact, it turns out to be simply more misleading propaganda.

[EXCERPT FROM THE USAPA WEBSITE]

{The Board in fact decided, after carefully weighing the facts (including the former EVP’s recommendation of several staffing options including the elimination of the EVP position), to endorse elimination of the EVP position. Further, there is no such consolidation by eliminating the EVP position. USAPA’s Constitution clearly states that the EVP duties are at the direction of the President. Should these administrative tasks be assigned to a staff member, they will still operate at the direction of the President. Further, the President does not even have a vote at the table. It is the line pilots that control the direction of their Union, through their Reps.}

In reference to the talking point above put out by USAPA Communications, it appears the communication policy is to mislead the line pilots, in order to push a political agenda.

The truth of the matter is USAPA’s President DOES have a vote at the table, every time there is a tied vote among the Board.

Mr. Cleary and Mr. Theuer are well aware of that fact.  Mr. Cleary used that very power in October, 2009 when the BPR was split on a very contentious vote over USAPA’s sexual harassment policy. Mr. Cleary proposed to put himself and Randy Mowrey, the vice-president, in charge of being the "gate keepers" of what was to be considered “sexual harassment” and what was not.  Mr. Cleary cast the tie-breaking vote to pass this particular resolution; an obvious conflict of interest, wouldn’t you say?

In this instance, fortunately for us all and after some soul searching, a majority of the BPR members overturned the vote the next day.  We can infer from this that Mr. Cleary is not interested in consensus, and will use his tie-breaking vote whenever it suits his political agenda. This talking point, put out by USAPA, on the lack of Presidential voting power is an outright deception for a reason we can only speculate upon. 

Our USAPA Communication Chairman's attitude and job performance is indicative of his "old-school ALPA” Iron Compass mentality. Perhaps he should remember that only when an inexperienced pilot needed the iron compass, he had to stop looking forward and start looking straight down to keep over the tracks.  Not seeing what was coming ahead often resulted in flight into an obstacle that a pilot who had planned ahead, would have avoided.  Iron Compass...more like an Iron Curtain of USAPA.

One of the reasons we got rid of ALPA was their tendency to manipulate? If this issue seems to be of little importance to you, ask yourself this question instead; if USAPA is willing to misrepresent this issue, then what else have they, or will they misrepresent next?

It is our recommendation that every Pilot vote to retain the position of EVP within USAPA.  More oversight and division of power within the Officer ranks and not less is what’s need now.  If you’ve already voted it’s not too late to change.

Fraternally,

Captain Eric Rowe A330 PHL

Captain Woody Menear 76I PHL

 

Although providing absolutely nothing for his membership since taking office, Mr. Cleary can finally claim a win in his new found consumer advocacy role.

Last week, the Department of Transportation approved the Delta - US Airways slot swap with the caveat that each carrier sell a relatively high percentage of slots to a very small number of qualified airlines. The conditions and restrictions assigned by the DOT effectively kills the deal between the two airlines.

From the day the deal was announced, Mr. Cleary opposed the transaction. We could never understand his absurd position as the swap would have provided US Airways with a Washington National hub, thereby significantly increasing the value and profitability of the airline. Instead, Mr. Cleary adopted the role of consumer advocate and fought for the airline consumer at the detriment of his own pilots.

Had it not been for the money losing operation at La Guardia and other point-to-point flying outside its hubs, US Airways might have been profitable in the 4th quarter 2009.

Apparently Mr. Cleary does not want to negotiate for a new contract and wage increases during periods of prosperity. In his twisted world he believes that significant contract improvements can be had while the airline bleeds red ink.

If Mr. Cleary’s erratic and harmful leadership style concerns you, it’s not too late. The balloting to eliminate the Executive Vice-President position is currently open. Mr. Cleary is trying to consolidate power and quash dissent by eliminating this constitutionally mandated office.

 

It takes just seconds to vote. Go to https://ballotpoint.com/usapa and vote now!

 

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

Today, the pilots of the new US Airways took a significant step towards a joint contract. The National Mediation Board accepted USAPA’s Section 6 mediation request and assigned mediator Terry Brown to oversee joint negotiations with management.

 

Bound by the permanent injunction issued by Judge Wake, the Association now has the horsepower to negotiate in good faith a joint contract that rewards all US Airways pilots for their years of sacrifice.

 

TheEye applauds USAPA for taking this necessary step. The combination of the pilot group under the terms of the Transition Agreement and the court injunction now has an end game strategy with a self help option.

 

It is our sincere hope that the parties can agree to an expedited negotiating schedule in order to complete this nearly five year saga.

One does not establish a dictatorship in order to safeguard a revolution; one makes a revolution in order to establish a dictatorship.               –George Orwell

 

 

By now most have heard about the resignation of Executive Vice President (EVP) Dave Ciabattoni. As part of his resignation, Mr. Ciabattoni filed very serious charges against USAPA President Mike Cleary alleging unethical and possible criminal activity within the president’s office. Although seemingly abrupt, Mr. Ciabattoni’s resignation was the final straw in a long struggle to ethically execute his elected duties.

 

TheEye’s inside sources confirmed that Mr. Cleary’s first reaction to the resignation was to fill the position with an administration friendly rubber stamp. When counsel advised that an election was required, Mr. Cleary set out to eliminate the position and called a special BPR meeting. He was then made aware that the position was constitutionally protected and its elimination would need to be approved by a majority of members in good standing.

 

At the special meeting Cleary supporter and CLT Vice Chairman Steve Crimi moved a resolution to eliminate the position claiming that it was no longer needed and would save the Association a substantial sum of money. The irony of his reasoning was that the cost of the special meeting was very close to the cost of just filling the vacancy through the democratic process. It was rather disingenuous of Mr. Crimi to invoke financial reasons. The real motivation behind Mr. Crimi and other Cleary supporters was to consolidate power and squelch dissent. Sadly, the motion passed and it is now up to the membership to stop this slide towards dictatorship rule.

 

According to USAPA’s embarrassing and unprofessional publication What’s Up On The Line, the number one reason to join USAPA is “The simple ability to use the democratic process and vote.” The staff of TheEye is in full agreement.

 

Those that support the ideals of Mr. Ciabattoni and believe in a system of checks and balances at the top can vote together to stop this Cleary power grab.

 

If Mr. Cleary gets his way, the office of USAPA president will be granted enormous autocratic powers. Weren’t we supposed to get a more democratic union with the election of USAPA? Weren’t handshakes in smoke filled rooms supposed to be the lore of days gone by?  

 

Ask yourself, can we afford another 2am backroom deal?

 

We urge all members in good standing to VOTE NO on this resolution.

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

The following letter is from the 'Cactus 18" defendants. We are publishing the letter as we find it incredulous that a union would sue its own members for purely political reasons. As evidenced by Mr. Ciabattoni's letter, USAPA under Mr. Cleary's regime has been a total and complete failure.

Fellow US Airways pilots,

 

We would like to sincerely thank all of you for your overwhelming and generous response to our previous email. 

 

Earlier this week, we filed our response to USAPA's appeal brief with the Fourth Circuit Court of Appeals. 

USAPA has until January 25th to file an optional reply brief. 

 

Oral arguments are scheduled for Tuesday March 23, 2010 at the Fourth Circuit Court of Appeals in Richmond Virginia. 

 

On January 7th, 2010, the following excerpt appeared in a USAPA Update regarding last week's BPR meeting:

 

"The meeting concluded with President Cleary recommending that the Board develop a solution directing USAPA to seek and discuss a settlement that would seek a middle ground solution to terminate the RICO lawsuit in order to help the pilot group to move forward.It was agreed by all present that the pilot group would be well-served through an amicable solution to the litigation, and after lengthy discussion the Board resolved that the BPR direct USAPA's National Officers and legal counsel to develop and submit to the defendants' legal counsel, a settlement offer that would bring to an end the RICO lawsuit."

 

Considering that not a single USAPA Officer or BPR member was willing to even discuss this issue at the previous BPR meeting a couple of months ago, we are curious about the sudden interest in ending the RICO suit.  Nonetheless, we agree that the RICO suit serves as a huge impediment towards efforts to protect our collective interests against the company, and are therefore not opposed to permitting USAPA to withdraw the lawsuit via a settlement agreement.

Some pilots are wondering why USAPA's previous attempts to settle failed, and why not a single defendant countered USAPA's purported "settlement offer".  The simple answer is that USAPA's previous offer to settle was nothing more than an attempt to pacify political opposition.  The truth about USAPA's previous attempt to settle this lawsuit is as follows:

 

1)   Only some of the defendants were offered settlements.  Some of the defendants were not offered any sort of settlement.  Settling with only some of the defendants would not dispose of the lawsuit, but rather attempt to employ a management-style "divide and conquer" strategy against the defendants.

 

2)   The settlements that were offered required admissions of criminal conduct. Although many within the USAPA leadership structure have privately admitted that they have no basis or proof to support their libelous accusations, they believe that they must include that language in a settlement for political reasons. 

 

 

USAPA's previous "settlement offer" provided the defendants little choice but to continue to defend the case in court.  At any time if USAPA would have liked to end this vicious attack against us, there is nothing to stop them from simply withdrawing their appeal of the case.  A simple one page memo to the court from Mr. Seham (which costs far less dues dollars than the appealbrief that USAPA just filed) is all it takes for the pilot groups to begin moving forward together.

 

USAPA continues to posture that pursuing this action in civil court was their least aggressive option, that USAPA could have complained to law enforcement and the company.  In fact, USAPA did seek the company's assistance with this matter and their response to USAPA was the same as Judge Reidinger's, "you have no case and we're not interested in hearing about it."  We would not be surprised if USAPA did actually seek the assistance of law enforcement and were met with a similar disinterest.  We've suggested to the USAPA leadership that they follow the advice of Capt. Sullenberger by "doing the right thing even when it is inconvenient."

 

As we previously stated, we will consider a legitimate and reasonable settlement offer from USAPA with the goal of attempting to move the groups forward. A successful offer will adequately address the following issues for each and every defendant:

 

a)   The defendants have all suffered thousands of dollars of harm to defend themselves against a baseless and malicious lawsuit.  This constitutes financial damage and is something that the defendants could have a claim to recoup from USAPA, in addition to other damages.  Forgoing these damages would require that the harm caused be remedied.

 

b)   USAPA continues to publicly make libelous and defamatory statements about the defendants.  The media never makes statements about persons engaging in criminal conduct unless those persons have in fact been convicted of such acts.  Given that all complaints filed by USAPA over this matter have been adjudicated and dismissed, USAPA continues to expose itself to liability with statements regarding the defendants.  These statements must be publicly repudiated by USAPA.

 

In addition, all defendants have agreed internally that none of us will accept a settlement offer unless all of us agree to accept settlement offers.  As of today, none of us have heard so much as a peep from USAPA's attorneys regarding any sort of settlement.  We are fully prepared to havethe courts bring final resolution to this issue if necessary.

 

We will keep you apprised of any developments.  We thank you again for your support.

 

In solidarity,

 

The RICO defendants

The following is USAPA’s Executive Vice-President Dave Ciabattoni’s resignation letter:

 

Dear BPR,

I hereby resign my position as Executive Vice President of USAPA effective immediately. I will simultaneously leave the Scope Monitoring Committee. Finally, at the end of the LOA 93 Grievance I shall resign from the System Board.

I must be blunt here: the mutation of USAPA from a democratic, line pilot oriented and controlled union into the current administration that is about enrichment and ease of life style for President Cleary and his supporters is nearly complete and in record time.

Had the Board been more assertive, as is your responsibility and Constitutional duty to enforce accountability, this might not have happened, but you were not and as a result, I have no desire to be associated with such an organization.

I fully expect that my complete resignation letter will be sent to the pilots when I make it available to USAPA. Nonetheless, the resignation letter will be made available to the pilot group through private email lists and hard copy postings in all the crew rooms to preclude USAPA censorship.

I chose to be part of a new Union that was founded on transparency, fiscal responsibility, and true representational leadership. Currently, I find none of that in the leadership of USAPA.

Good luck to you all and my sincere wish that USAPA rights itself and finds its way.

Dave Ciabattoni

 

 

Don’t be part of the SCAM:

Seham, Cleary, and Mowrey = NO Contract – NO Money

“The Association will be attentive and respectful of each member's opinions and concerns...”

                                                            -Preamble USAPA C&BL’s

 

 

“Contrary to uninformed Web trash talk regarding USAPA’s supposed lack of transparency”

                                                            -What’s Up On The Line?, December 16, 2009

 

 

Mr. Cleary and his ineffective leadership team are in full defensive mode. Instead of adhering to the tenets of the USAPA C&BL’s as stated in the preamble, his propaganda machine spends thousands of hours of flight pay loss countering legitimate concerns and criticisms from rank and file line pilots.

 

The latest unprofessional publication from the CLT politburo, What’s Up On The Line?, is indicative of the pressure that must be felt by having accomplished absolutely nothing since coming to power almost two years ago. Mr. Cleary’s continual reference to “Web trash talk” clearly illustrates his inability to cope with reasoned dissent.

 

Further troubling to the staff of TheEye is the unprofessional tone taken by Mr. Cleary’s communications. As professional pilots, we take great pride in our educational and career backgrounds. The use of the slang phrase ‘what’s up’ in the title of an official publication from the union representing a major airline is completely inappropriate. We are adults and expect to be communicated with as such.

 

USAPA is far from a transparent union and Mr. Cleary knows it. He continually boasts about the union's more democratic approach yet he has systematically blocked almost every local domicile resolution placed on BPR meeting agendas. Instead he secretly formulates his own resolutions and brings them to the floor after back door negotiations with enough representatives to achieve passage. Numerous domiciles have passed resolutions for BPR consideration and almost none have ever made it to the floor. USAPA under Mr. Cleary’s reign is far from a democratic organization.

 

With 2010 fast approaching, we must make an honest assessment of USAPA’s progress to date. Except for a few minor exceptions, USAPA has accomplished absolutely nothing.

 

The truth remains…

Cleary – Mowrey (and Seham) = NO Contract – NO Money

The legal battle that has sharply divided the US Airways pilots is coming to a rapid close. This morning in San Francisco, the 9^th Circuit Court of Appeals heard oral arguments in the appeal of Addington v. US Airline Pilots Association. Audio transcripts will be available tomorrow afternoon via the following link: http://www.ca9.uscourts.gov/media/

 

We are heartened to learn that Mr. Bradford, the founding father of USAPA, was located in good health and attended the hearing. Also in attendance were Vice President of Labor Relations Al Hemenway and management outside legal counsel, Robert Siegel of O’Melveny & Myers LLP.

 

We are sure that Mr. Cleary and PMI Theuer are busy typing away in glee with their perceived success at the hearing. The spin doctors are working overtime this evening at USAPA’s temporary San Francisco headquarters.

 

Although it's impossible to predict the outcome, it was not a good day for the defense. The continued whining of Mr. Seham regarding the unfairness of the Nicolau Award and his inability to answer a simple question about the finality of final and binding arbitration illustrated his lack of acceptance of the very reason his client was found guilty of DFR. To this day, Mr. Seham and his clients cannot accept the fact that they were found guilty of using their majority position to disadvantage the minority. The ripeness of this continued injustice on the former America West pilots was clearly articulated by plaintiff’s counsel and was well received by the justices.

 

Again, take some time out of your day on Wednesday afternoon and listen to the hearing for yourself: http://www.ca9.uscourts.gov/media/

 

If you haven’t realized it already, we’ve been hoodwinked. Mr. Seham never had a chance from day one yet we bought into his spiel hook, line, and sinker. Soon Mr. Cleary and Mr.Seham will be asking us to support them on their next chapter as they take their appeal to the Supreme Court. While their wallets get fatter, ours get lighter and lighter.

 

If you’ve had enough, you are not alone. After almost two years of embarrassing press releases, wasted money on national advertisements, backwards movement at the negotiating table, and millions wasted on futile legal campaigns, our pockets remain empty.

 

If you think that our wages will be restored on January 1 and our pensions are coming back, we strongly encourage you to buy that dream lake-house or new sports car.

 

If you are living in the real world like the rest of us line pilots, the truth remains:

Cleary – Mowrey (and Seham) = NO Contract – NO Money

Seham's Vacuum and Bare Naked Favoritism

 

 In a bid to gain back your confidence, USAPA pitched their self-reliant scheme via a three part video series bestowing the virtues of a long since failed legal strategy. In a vacuum, Attorney Lee Seham wins on every point he makes. Uncontested by opposing counsel and without supervision of a neutral, an attorney can make anything sound plausible. Unfortunately Mr. Seham, the real world doesn't work that way. Your argument is stale and the audience has long since made for the exits. While we respect the court's process and are not about to make exalted claims, the bar that Mr. Seham must clear in the 9^th is a very high one. In our opinion, he lacks the capacity and mental ingenuity needed to make the leap. The facts and law of the case simply do not provide any safe haven for his ideas.

 

In the appellate court, burden of proof rests solely on USAPA to substantiate a claim that the trial court committed substantial error in the trial procedures. In the safety and comfort of a makeshift studio, Cleary, Mowrey, and Seham behave despicably by asserting that a respected and honored Federal Judge somehow cheated them out of their perceived self-righteous claims. The allegations made are totally and completely baseless not to mention utterly disingenuous. We suggest they look in the mirror the next time they choose to preach to us about dishonesty.

 

TheEye would like to know what USAPA is doing to prepare the membership for a less than favorable conclusion. These videos create an illusion that all is safe and good in the life of the US Airways pilots. To the contrary...once again, your leadership has placed the bet of "all-in" and has neglected to prepare us for a realistic outcome. Every step of this merger has been accomplished with this all or nothing attitude. It has done zilch to improve our pay and working conditions. The principle of the original idea behind USAPA's crusade was honorable, but the futility of holding on to this unsuccessful strategy has yielded to madness.

 

In closing we need to ask a question: If Seham is so confident in his ego driven philosophy, why the video series? We certainly have our ideas. The most logical conclusion is Mr. Seham’s continued attempts to play on our emotions. Our staff believes that he expects another loss and is attempting to play us the fool to support him in a last ditch effort with the Supreme Court. No way Mr. Seham. It is time to take the check book out of the hands of Cleary, Mowrey and Seham. It is time to take back our careers for ourselves and our families. Enough is enough.

 

Cleary – Mowrey (and Seham) = NO Contract – NO Money

On side note: The audio transcripts of the December 8th hearing will be available 12noon PT on December 9th. Since USAPA would rather you watch their factually flawed three part video series instead of hearing the actual court proceedings, the following is a link to the transcripts: www.ca9.uscourts.gov/media/

Immediately following the release of the Nicolau Award, management sent a comprehensive contract proposal to the ALPA MEC’s. It was quickly named after US Airways President Scott Kirby. Although seen as woefully inadequate, it was never meant to be a final offer, rather a baseline to move forward. Significant in the proposal was parity plus 3% for the east pilots. You can do the math, but since walking away from the table, the average east pilot has gifted Doug Parker over $100,000 in savings.

 

With the two year anniversary of the USAPA experiment fast approaching, it’s of little wonder that the patience of the US Airways pilots is growing thin. Patience isn’t just running thin with management, but also the amateur and completely incompetent negotiating committee. Simply put, the pilots of US Airways have lost confidence in USAPA’s ability to negotiate an industry standard contract.

 

Sensing the increasing restlessness of the membership, Mr. Cleary’s propaganda machine published their newest series: THE “KIRBY PROPOSAL” AND YOU. The title’s bolding and capital letters were added by the information ministry to ‘shout’ their message. Apparently Mr. Cleary, PMI Theuer, and the NAC believe that yelling will somehow add to the importance of their words.

 

The NAC must believe we’re all a bunch of simpletons incapable of learned thought.  There are both east and west pilots on furlough yet the individual members of the NAC aren’t limiting themselves to the pay provided by their proposed 85 hour cap. Our sources have confirmed that at least one member of the NAC is earning substantially more than the 85 hour guarantee provided to full time officers and committee members. Those that aren’t credited more hours over this limit receive full expense reimbursements and a $1000 per month tax free stipend. Are we the only one’s to see the irony in the NAC demanding a firm 85 hour cap while earning significantly more while negotiating this language?

 

Mr. Cleary and the NAC then try to convince us that east vacation parity will not translate into more jobs and money. While it is true that a phase in would be required to achieve parity, it is understood that dollars would temporarily substitute for bodies to compensate for hiring and training requirements. No amount of ‘new math’ by Mr. Cleary and the NAC can conceal the fact that an increased vacation liability will translate into more jobs.

 

As the NAC enjoys their 85+hours of pay, their stipend, and their expense reimbursements this holiday season, we should not forget their call for us to remain patient in this ‘game’ of endurance. They’ve offered us absolutely no time-line or vision on how they plan to achieve an industry leading contract. Instead they ask us to “stay strong and continue to be Good Union Pilots.” We can only imagine what they infer by this.

 

We are not fools or simpletons Mr. Cleary. The very fact that you are publishing this new propaganda series is indicative of the pressure you must feel for having delivered absolutely nothing since taking office. We are no closer to a contract than we were on April 18, 2008 and the blame is squarely on your shoulders.

 

While home sipping eggnog this Christmas Eve, maybe you should reflect upon your failed tenure. You should be ashamed of the millions wasted on legal fees, misguided press releases, newspaper ads, and new cars.

 

We can only hope that 2010 will bring and end to your administration.

 

             Cleary – Mowrey = NO Contract – NO Money

 

 

The story started like this…

 

US Airways has three very average hubs when compared to the other network carriers. They’re not terrible performers, but they are hardly the envy of those that control the New York, Chicago, and big Texas markets. To compensate for these weaker hubs, US Airways maintained so-called “focus” cities in large population centers such as Boston and New York. In the later years with the onslaught of low cost competitors, high fuel prices, and ever decreasing revenue trends, these markets proved to be huge financial drains on the company.

 

They always say that necessity breeds ingenuity, and this is exactly what materialized this past summer with the announced slot deal with Delta. US Airways would exit regional flying at its money losing La Guardia focus city and inherit the needed slots to establish a hub at the much sought after Reagan National Airport in Washington D.C. To sweeten the pot, US Airways negotiated both a Tokyo and a Sao Paulo slot in the transaction. This no cash deal would finally provide US Airways the room and slots needed at DCA to run an efficient and profitable hub. Industry analysts applauded the move as it was estimated to add $75 million in additional revenue to the bottom line. Although some jobs would be lost at regional affiliates operating at La Guardia, the corporation would gain a significant asset at DCA which would translate to a more secure future for all US Airways employees.

 

USAPA’s mission to destroy our careers continues like this…

 

On Monday, the economic geniuses at USAPA’s Charlotte politburo wasted more of our dues money on a press release calling for a Department of Justice review of the Delta transaction. That’s right! The very union that purports to protect pilot jobs is fighting a transaction that will strengthen US Airways’ financial condition. Suddenly, economic professor and consumer advocate Cleary is more concerned about the effects of higher fares on the traveling public than the welfare of his own members.  

 

Mr. Cleary, are you joking? You are charged with negotiating a contract that will, at the every least, bring industry standard wages and working conditions and you have the nerve to call for an investigation into the transaction. Has it ever occurred to you that the ability of the corporation to survive and meet our demands at the table hinges on this transaction? Apparently you believe that company financials are irrelevant in contract negotiations. In your myopic world, gains are extracted through suggestions of illegal job actions (Be A Good Union Pilot) and inflammatory press releases.

 

If you were so incensed with this transaction, why didn’t you take up your consumer advocacy cause when the slot swap was announced months ago?

 

We're sure our soon to be furloughed and downgraded pilots appreciate your new found cause.

 

In the meantime…

 

    Cleary – Mowrey = NO Contract – NO Money

 

   

“A thankful heart is not only the greatest virtue, but the parent of all the other virtues.”  - Cicero

 

 

We have much to be thankful for this Thanksgiving Day. Whether you're on the road or home with family, take a moment to reflect and we’re sure you’ll find more than you’ve ever imagined.

 

We’ll return soon with more hard hitting pieces on the damage Mr. Cleary has done and continues to do to our careers. As we give thanks today, remind yourselves that as damaging as the USAPA experiment has been to all US Airways pilots, its sphere of influence does have limits.  

 

Mr. Cleary, as hard as you try there are some things that you just cannot touch, and for that we are forever thankful.

 

Happy Thanksgiving from the staff of TheEye!

When we first heard about the $10 turkey gift certificates we were perplexed as to the true intent of USAPA’s BPR. Their intent couldn’t possibly have been to subsidize the high cost of a Thanksgiving Day meal by redistributing our hard earned dues money? After all, the founders of this failed entity promised us lower dues than the 1.95% charged by the former bargaining agent. With their two year mark fast approaching we are still the lowest paid major airline pilots in the industry with no end in sight. As the cost of providing our families with Thanksgiving meals continues to escalate, USAPA has done absolutely nothing to rectify this cost of living gap. Instead Mr. Seham and his associates will be eating lavish meals next Thursday in their million dollar homes courtesy of the US Airways pilots. We wonder if Mr. Seham even had the decency to invite his rainmaker Mr. Cleary to the feast?

 

What was the true intent of Mr. Cleary and the BPR with their $10 certificates? We already know they're not interested in saving our dues dollars and cutting costs.We can’t be completely sure, but based on their history of advocating illegal job actions through their Be A Good Union Pilot campaign, we believe there is a more sinister intent behind the certificates. Remember, the officers and full-time flight pay loss committee members are asking you to risk everything while they wine and dine with their families. Don’t take the bait! Thousands of innocent US Airways customers are relying on us to safely transport them around the world this Thanksgiving. Just as following Mr. Cleary’s lead has brought us absolutely nothing since April of 2008, this ill advised scheme of the board (if true) will only do the same.

 

Mr. Cleary you have been an utter failure. The pilots of US Airways have had enough of your shenanigans. The tide is turning. Come USAPA’s two year anniversary, you will have failed at everything you set out to do.

 

Cleary-Mowrey = NO Contract-No Money

“I urge each of you to prepare yourselves financially for that day – it is closer than management would care to believe”                       USAPA President Mike Cleary, Labor Day 2009.

 

Mr. Cleary either doesn’t understand the Section 6 negotiation process or he is alluding to something much more sinister and destructive. We’ll let you be the judge.

 

USAPA has signaled their intent to begin Section 6 negotiations when the east contract becomes amendable on January 1, 2010. Per the permanent injunction issued by Judge Wake, this will be a joint east/west negotiation resulting in the implementation of the unmodified Nicolau Award. Based on historical data, NMB mediated negotiations span anywhere from 2-7 years. During this time, all parties are required to maintain the status-quo. Only after a 30 day cooling off period may self help be sought. In other words, this process (as defined by the Railway Labor Act) is not quick and is expressively designed to keep the transportation system moving without interruption. The NMB has the sole discretion as to the timing and our eligibility to proffer a strike.

 

In this context, we are thoroughly perplexed by Mr. Cleary’s Labor Day statement that a strike “is closer than management would care to believe.” If he plans on following the law, the possibility of a strike is many years away, if at all.

 

This leads to what we believe to be the coded message behind Mr. Cleary’s bravado. One only needs to reference the backwards ticking clock on the USAPA website to complete the connection. Mr. Cleary is inciting the membership over the pay restoration grievance; a dispute that management will most assuredly win. When the USAPA clock reaches zero, we will still be paid according to the terms of LOA 93. Mr. Cleary knows this. Mr. Parker knows this. The investment community knows this.

 

By now many of you have seen the stickers spread by a few zealots advocating an illegal job action when the counter reaches zero. This sophomoric and ill advised approach has virtually no chance of coercing management to capitulate. Rather, the saboteurs will likely face termination and legal action.

 

Regardless of what Mr. Cleary and the BPR espouse, the only way to end our suffering under LOA 93 is a joint contract with our west brothers and sisters. It’s that simple! We can come to an agreement under private mediation or joint Section 6 under the auspices of the NMB.

 

Like you, we are tired of following Team Cleary into the abyss. Not only has he partnered with a charlatan law firm sucking millions from the till, but he has been wasting our hard earned money on unnecessary luxuries. Since April 18, 2008 the USAPA leadership has done absolutely nothing to move our pilot group forward. Unity, contract compliance, and negotiating progress are at all time lows. We need to collectively pause and ascertain exactly where we are heading. Because without aggressive control inputs, our ship will crash.

 

Our challenge to all US Airways pilots is to give real and tangible meaning to USAPA’s unwinding clock. We must commit right now to ensuring zero hour signals the end of the Cleary administration. It’s an ambitious goal, but necessary for all of our careers.This is our union and we control our future, not Mr. Cleary and his disingenuous cronies.

 

Cleary – Mowrey = NO Contract – NO Money 

What the Cases Really Say...

...The True Meaning of USAPA Case Law – Part Four

 

A USAPAWatch Publication

 

 

...a number of courts have rejected unilateral efforts to impose seniority solutions in circumstances where pilots (and employees in other industries, for that matter) have been promised a neutral process for resolving those issues.

- Jeffrey Freund, March 25, 2008

 

 

We have come to the final leg in our reality based series with the last legal memorandum from yet another Railway Labor Act (RLA) specialized attorney. As promised, four letters by four different attorneys all paint the same picture:

 

USAPA has bullied its way forward with an agenda that was pre-ordained to be a complete FAILURE.

 

The person that is ultimately responsible for this failure is none other than Mr. Lee Seham. Mr. Seham was hired by USAPA during the summer of 2007 to "quarterback" the effort of obliterating the arbitration award. It was something many of us wanted to happen, but the ideas presented to us by the founding USAPA leadership and Mr. Seham was much less than honest. In fact, they have presented nothing but a pack of lies!

 

It is coming up on four years since the merger was announced and we still languish under deplorable working conditions.  The USAPA founders and now the current leadership led by Cleary and Mowrey assign blame for our predicament on everyone but themselves. It is truly reprehensible.

 

As many know, Jeffrey Freud, Esq. was the lawyer hired by the west to represent their interests in the seniority integration process. While some may find him the least plausible of the legal opinions in our series, he is a well respected authority in RLA law...so much so that Mr. Seham himself offered high praise for Mr. Freund's prowess on the subject.

 

In March 2008, Mr. Freund wrote the following letter to Mr. Seham to correct what had become a myriad of "misstatements of law" by Mr. Seham over the previous 26 months.

 

 

After reading four very respected RLA attorneys and the opinion of a Federal Judge, one can CLEARLY see that we are headed for disaster in the 9^th Circuit Court of Appeals. Our leadership has lied to us long enough. After all we have been through in our careers here, one must question how we ended up with Lee Seham? Mind you, it was Stephen Bradford who shopped for an attorney willing to accept money in exhange for absurd promises. If we weren’t all consumed with the notion of obliterating the Nic, we would probably have noticed that the one attorney patronizing our cause brought with him the baggage of the worst track record representing airline labor groups. We are not suggesting that another lawyer could have delivered our group its wishes and dreams; we are simply stating that Mr. Seham was ready to ignore convention for an "easy mark" to exploit.

 

We say again to Mr. Cleary, "give it up before it is too late!" Ladies and gentlemen, our return on investment is dreadful yet there are those ready and willing to continue the status quo supporting a failed strategy. These same people are the epitome of selfishness and greed as they want us to pay for their advancement by delaying a contract. They figure if they can just hold us off a few more years they will advance to a higher paying seat. The problem with this self-centeredness is that all of us, both east and west, are funding this dishonorable strategy. The financial losses we have suffered will NEVER be recovered.  With west members in good standing growing every day, we can unify and end this madness. The choice is ours.

 

 

 

Cleary – Mowrey = NO Contract – NO Money

What the Cases Really Say...

...The True Meaning of USAPA Case Law – Part Three

 

A USAPAWatch Publication

 

 

...an attempt by the majority of employees in a collective bargaining unit to gang up against a minority of employees in the fashion apparently envisaged by the plaintiffs could itself be thought a violation of the duty of fair representation by the union that the majority used as its tool.

 

- Seventh Circuit Court of Appeals, 1990

 

 

From TheEye's original and hard-hitting three part series Why USAPA Will Lose on Appeal to the current series, we have done nothing but bring truthful information for our trusted readers to disseminate. On the other hand, all USAPA can muster in their poorly researched editorial series What the Cases Really Say is to offer weak opinion of case law coupled with slanderous words about a supposedly misinformed Federal Judge.

 

On January 11, 2008, ALPA’s outside legal counsel Michael E. Abram wrote a letter to ALPA President John Prater and the then AWA/US Airways MEC Chairmen. In this letter, Mr. Abram responds to claims by USAPA attorney Lee Seham that the O'Neill and Rakestraw cases provided supposedly strong legal precedent for replacing the Nicolau seniority list. Remember, Mr. Abram wrote this letter a full nine months BEFORE Judge Wake was selected to hear the Addington complaint.

 

Before you read the letter though, keep in mind two essentials regarding the subject:

 

1. Although an ALPA attorney, Mr. Abram belongs to a very small cadre of legal experts in Railway Labor Law. He was directly involved in the O’Neill and Rakestraw cases and has intimate knowledge of BOTH.

 

2. Mr. Seham continues to press the O’Neill and Rakestraw case law as his surefire 'ace in the hole' strategy that will take him to victory in the 9^th Circuit Court of Appeals. This despite the rebuff of the attorneys involved in those two cases and Judge Wake in his Findings of Fact (Doc 593).

 

 

 

 

 

 

Please note that Roland Wilder (read Part 2 of this series) was on the carbon copy (cc) list.

 

After reading Mr. Abram’s expert legal opinion, it begs the question as to what Mr. Seham is seeing in the case law that the rest of the RLA community and a Federal Judge are missing. The answer is simple: YOUR $$$$$$$$$$!

 

 

 

Cleary – Mowrey = NO Contract – NO Money

USAPA Legal Update...Really?

 

A USAPAWATCH Publication

 

 

From the beginning, USAPAWATCH has taken great pride in providing quality fact based information for the pilots of US Airways. Our mission is to hold the leadership of our union accountable to the membership. The current leaders have done an incredible job of destroying the good-will originally envisioned by our founders. The early stages of "The Plan" to change seniority seemed feasible, but in the end, it was a scheme based on fantasy, not reality. For any organization to thrive it must have a strong foundation, and as we have gradually and painfully discovered, USAPA's foundation has been built on a constant flow of misinformation, half-truths, and outright lies. No wonder it is failing us so miserably today.

 

That leads us into our latest exposure of half-truths generated by PMI Theuer and his spin-minions. Only after a strong nudge from a Tweet was a legal update (USAPA Legal Update for August 21, 2009) posted on a District Court hearing held the previous afternoon. In what has become trademark USAPA fashion, the update portrayed this hearing to be a solid triumph for USAPA. Hardly...

 

The main purpose of the hearing was to discuss USAPA's Stay Motion of the Court's Injunction issued in July. The hearing lasted 1 hour 5 minutes with nearly the first half devoted to USAPA Attorney Nicolas Granath pleading with Judge Wake for the Stay. While the ruling hasn't been issued yet, Judge Wake indicated he would issue an Order within a few days. For what it's worth, we are convinced, based on solid information, that Judge Wake will NOT grant the Stay.

 

USAPA's August 21^st legal update provided a very limited half-truth view of the event. PMI Theuer and his noise machine conveniently spliced out most of the important information discussed. The following is the ‘rest of the story’:

 

1. Despite an early explanation by Judge Wake that the both side's briefs provided the Court with adequate information to make a decision on the Stay Motion, Mr. Granath proceded to waste the Court’s time virtually begging for a Stay. By the attitude of the discussions, we predict that Judge Wake will DENY the Stay and this will be a clear LOSS of huge proportions for USAPA.
2. Granath wanted to Stay the two separate Response briefs due October 23, 2009 until sometime in January. One brief was a response for the Plaintiff's attorneys' fees claim and the other was the amended complaint for Plaintiff's damages. The Judge said no to both USAPA requests, and he only allowed a slight delay in filing the response because of the downtime USAPA attorneys have between their Appeals brief due at the 9^th Circuit on September 25^th. There will be an entire month of idle time for the Appellant (Defendant USAPA) while waiting for the Appellee (Plaintiff Addington, et al) response to the appeals brief. This was clearly TWO LOSSES for USAPA.
3. Addington attorney Kelly Flood argued for maintaining a schedule of discovery for the damages claim during preparations for the 9^th Circuit Appeals process. The Judge could see this as burdensome to both sides during the expedited appeals process, and he suggested a case management hearing in December after oral arguments are made in the 9^th Circuit. The Stay of Discovery pending appeal could be construed as a ‘win’ for USAPA. In reality, however, Judge Wake warned the defense that they were found guilty of breaking the law and the plaintiffs had a right to justice within a reasonable schedule.

 

The hearing resulted in three wins for Addington and one for USAPA. Clearly not the rosy picture reported in Friday's USAPA Legal Update. Judge Wake also advised Mr. Granath that it is common to have dual proceedings and requirements when cases progress through the process of Appeal. In fact, there were several times that Mr. Granath had to be reminded that the sole reason we were dealing with the Court is because of the liability verdict against USAPA for the DFR.

 

Transparency? Is it that difficult for Mr. Cleary and his propaganda arm led by PMI Theuer to tell the truth? If the appeal is as airtight as they proclaim, why all the secrecy and obscuration of facts? USAPA is a multi-million dollar enterprise funded by ‘we the pilots’ and its operations should not be taken lightly. It does not exist as a club for the angry few, it's supposed to work for the benefit of ALL US Airways pilots. How hard can it be to tell the truth for a change? The hearing transcripts from last Thursday will not lie and the words disclosed on their pages are a far cry from the latest words of deception found in USAPA's legal update. Transparency is not an unreasonable expectation. Even something as simple as a Motion Hearing should be readily disseminated for the line pilot to clearly understand the situation we all face. The future of our careers depends on honesty of purpose, but it is doubtful we will ever see this from the current leadership. It is not too late. Demand accountability from Team Cleary.

 

 

Cleary – Mowrey = NO Contract – NO Money

 

The Disingenuous Nature of Things

 

This morning USAPA released their third installment of What The Cases Really Say in their rebuttal to our fact based series ...The True Meaning of USAPA Case Law. They continue to manipulate their version of case law to fit their twisted view of 9^th Circuit precedent in an effort to sway you back to their flawed legal strategy. What is interesting is that USAPA and their incompetent legal counsel still can’t grasp that the guilty verdict had nothing to do with the formulation or fairness of the Nicolau Award. Recent days have witnessed the tide of support in USAPA noticeably shifting away from blind devotion to the enlightenment of reality. TheEye has decided to address this visible drop of formerly dutiful followers this week to endorse our firm belief that the recall of Mr. Cleary and his henchmen is long overdue.

 

As time rolls on, it has becoming increasingly difficult to watch the river of money flowing away from our battle hardened group. Our BPR officers have robbed ALL of us through secretive backroom deal-making and obscene indiscretion in membership dues spending. Our contract negotiations have been held hostage by a powerful minority intent on delaying progress for their selfish agenda. They’ve been enabled by a charlatan law firm that is more than eager to siphon millions from the grossly mismanaged operating budget. To add to this insult, the dollar amount of our contract delay is maddening to say the least, and only now does our group realize how much has been lost never to be recovered. The intractable position of our leadership is a black hole from which there is no return.

 

Many on our staff are staunch believers in the union tenet of DOH seniority. Many of us found USAPA’s simple message both intoxicating and seductive. Not only was it a worthy cause to join with our first union officers to right the wrongs of Nicolau, but it was the right thing to do. In our clouded judgment, we were gullible to believe that the Nicolau Award could be vacated and a joint contract quickly achieved. However, after 18 months, a Federal Court Injunction, no progress at the negotiating table, and mandatory retirement closing in, we need to acknowledge the reality of our predicament. Before you label us traitors, continue reading…

 

The wheels are about to come off the very reason for our existence or better yet the new cars Mr. Cleary unilaterally purchased under the false premise of efficiency and economy. USAPA has become nothing more than the personal political tool of the BPR officers and the law firm of Seham, Seham, Meltz, and Peterson. Progress at the negotiating table has been nil and the concept of replacing Nicolau with a DOH list is all but dead. Our hard earned dues money has been completely decimated in the BPR’s ‘conquer at all cost crusade’ while basic representational services remain substandard at best. We’re tired of strolling past Au Bon Pain wishing there was more than lint in the pocket for a nice treat before the all night crossing. USAPA has failed in almost every aspect and we were the enablers. We must change this dynamic before we are all driven past the point of no return.

 

The unauthorized car purchase by Mr. Cleary is a perfect illustration of the types of decisions destroying our so called union. Our staff first learned of Mr. Cleary’s new vehicle purchase during a pre-trip crew room banter session a few weeks ago. One of our contributors overheard a group of pilots discussing the purchase of “union” cars and couldn’t believe what was being discussed. As the conversation was already ongoing, our staff member interrupted the conversation and asked when the purchase proposal was to be forwarded to the membership for a vote. After some uncomfortable silence, the person ‘in the know’ admitted that the cars had already been purchased. As expected the news spread like wildfire. Clearly there must have been some mistake in the way the story was being told as a wasteful purchase such as this was typical of ALPA, but surely not our new and more democratic union! Like you, we were disgusted to learn that the purchase was done without BPR approval, let alone a membership vote...so much for the idea of democracy.

 

The car example may seem minor in the grand scheme of things, but our lack of vote on this issue is indicative of the larger problem within our organization, mainly the lack of control over our overall direction. Although many of us voted for USAPA and our Constitution, we never imagined our BPR officers to have the authority to operate without impunity. There is no question in our mind that the support for our current leadership has virtually dissipated overnight, yet they continue to lead us towards complete destruction with reckless abandon. As with the previous bargaining agent, we believe the leadership had lost touch with the people they represent, and in the case of our leaders in the "new" democracy, they achieved this feat in record time.

 

Brothers and sisters, we’ve been deceived. Promises of gargantuan proportion have been made to the pilots of US Airways and none of them have materialized. In the world of Mike Cleary and Lee Seham, we are all wrong and they are right. Just look to this morning’s propaganda piece which continues to paint of rosy picture of our precarious legal standing while almost every legal expert in the country (save the lawyer that erroneously sued the west MEC) has their money on a USAPA loss at the 9^th. Couple this with an autonomous BPR officer core making decisions with complete impunity and it’s a recipe for disaster.

 

In a final ‘Hail Mary’ act of desperation, our USAPA leadership concocted and promoted the concept of LOA 93 wage snapbacks in order to salvage their slipping support. Forget what management has said with regard to this absurd interpretation of the Agreement, but contact the authors of the language and ask to see the negotiating notes. Doug Parker is not proclaiming his supreme confidence in an arbitration win in order to influence a future arbitrator, he’s read the history and consulted the participants. The burden of proof is squarely on USAPA and they can’t prove their case. The CEO of the corporation is even on tape bragging that the wages expected in the snapback are higher than what has been passed by our crack negotiating team. The LOA 93 wage snapback grievance is just another disingenuous act of desperation by our rash leadership.

 

We would be remiss to assume that we are unified in our disgust. There will always be a vocal minority that will cling to the 'Cleary' types in order to promote their own selfish agenda. With each setback they will become even more desperate and invent new ways to cling to power. Like a snowball racing down a mountainside, the growth of promises will continue to be dealt at an alarming rate. They give lip service on their commitment to pay raises, work rule changes, and retirement improvements. Their disingenuous nature doesn’t factor in our families and our obligations. They care only about themselves.

 

With the west pilots flooding the admission gates, there is a new cadre of brothers and sisters ready to join with us for change. Together, we can minimize the small group that has held us hostage for far too long and replace them with true unionists. Unionists committed to advancing the greater good of the new majority. We’ve played this game long enough. The time for change is now.

 

 

 

Cleary – Mowrey = NO Contract – NO Money

What the Cases Really Say...

...The True Meaning of USAPA Case Law – Part Two

 

A USAPAWatch Publication

 

 

“USAPA’s attorney makes very confident statements about the ability of USAPA both to negotiate with US Airways and fend off what would very likely be a DFR lawsuit from West pilots if USAPA imposed a new seniority list on them.”

 

-Roland P. Wilder, Baptiste & Wilder, P.C.

March 18, 2008

 

The arrogant USAPA leadership just doesn’t get it. In their haste to rebut TheEye’s fact based series they published an update titled What Others Have to Say with excerpts from a poorly researched and politically motivated editorial written by Roland Wilder of Baptiste & Wilder, P.C. If his name sounds familiar, Mr. Wilder’s firm was hired by the east MEC to sue the west MEC prior to the decertification vote. Apparently Mr. Cleary and his gang of thugs were too preoccupied with this week’s Section 29 termination campaign of east and west pilots to recall the memo written by Mr. Wilder, a memo written one month before USAPA was certified. In it, Mr. Wilder harshly criticizes Mr. Seham’s law firm and states, “...the USAPA attorney’s claim that a DFR lawsuit would be easy to win is unsupportable.” Duplicitous behavior from competing attorneys. Things that make us say, "Hmmmmm!" In any event, this recent Wilder missive certainly was not written to withstand the scrutiny of any serious legal critics. Its release is nothing more than a vein political effort to calm the growing angry mob demanding an end to this legal charade.

 

With over 600 filed court documents (no other case in the USAPA legal library even comes close), Mr. Seham’s self proclaimed slam dunk case is now headed to an expedited appeal at the 9^th Circuit. Don't be conned into thinking that an expedited appeal means USAPA has any standing with the 9^th. To the contrary, this case has traveled at lightning speed since the day it was filed last September. The ordinary pace for a civil lawsuit usually spans 34-36 months from the initial filing in Federal District Court to FINAL disposition in a Federal Court of Appeals. It appears that Addington will span the entire process in half this time. Again, don't be misled by our fearful USAPA leadership into thinking that an expedited appeal means favor for USAPA. Seham and his delusional clients find themselves facing monumental odds. Circuit statistics from the past three years show that 94.5% of all appeals filed are terminated (meaning the original verdict stands). In light of these numbers, Mr. Seham recently bragged to the BPR that HIS chances of winning this appeal are 95%. Once again, do you believe an opportunistic lawyer or factual court statistics?

 

Fast forward to Mr. Wilder’s newest document flaunted by USAPA as if it’s the Holy Grail on Railway Labor Law. Mr. Wilder misses the mark completely. Remember, USAPA was found guilty of a DFR for their flagrant disregard of the minority west pilots by ignoring the inherited Nicolau Award. The Nicolau Award was reached by the employ of ALPA Merger Policy as specified in the tri-party Transition Agreement. Had the Transition Agreement specified an alphabetical integration methodology, that too would have been inherited by USAPA. As we detailed in our last installment, Mr. Bradford and his coconspirators formed USAPA with the sole intention of negating a legally arbitrated award.

 

Mountains of fact evidence coupled with solid case law overwhelmingly supporting the west pilot’s verdict, and we find Mr. Wilder’s newest editorial rather suspicious. Why would he contradict his own memo written less than 2 years ago? Why do his opinions fluctuate like a windsock in a thunderstorm, or is there more to his resurfacing? Only Mr. Clearly and his gang of thugs can answer these questions. In our quest to provide the absolute truth, we’ve reprinted Mr. Wilder’s memo from March 2008. Like you, there seems to be more to his recent change of heart than meets the eye (no pun intended of course).

 

The memo was introduced with a summary statement by a former east MEC member:

 

“This memo was produced by Roland Wilder, the MEC’s outside independent legal counsel. He wrote it at the request of the AAA MEC in order to comment on the current legal issues concerning ALPA and USAPA’s approaches to the Nicolau Award. The MEC has been talking to many pilots during the last few weeks, and wants to clear up any misunderstandings on issues concerning the Award. In this memo, Mr. Wilder further analyzes USAPA's contentions regarding its ability to remedy the effects of the award. He concludes in this memo that “the only sure way for the US Airways pilots to undo the harm of the Nicolau award and preserve their seniority in the next merger (not just now) is to obtain a negotiated or litigated resolution with the West pilots.

 

 

 

The only absolute in USAPA’s seniority heist is the fattening of Mr. Seham’s wallet. The US Airways pilots (both east and west) continue to work under bankruptcy era work rules and wages while Mr. Cleary and his hired gun pursue their vindictive agenda with reckless abandon. As mentioned by Mr. Wilder in his first memorandum, this is not Mr. Seham’s first rodeo and his legal track record involving unions is truly abysmal. We are being led over a cliff with by a leadership blindly following Seham's incompetent advice. On the positive side, the tide is turning against this failed road trip. Phone calls and emails are pouring in faster than Mr. Cleary's new Ford Taurus leaving the USAPA parking lot on a Friday afternoon. Our BPR reps are finally being held accountable for their reckless decisions. The time for playing games with our collective futures is over.

 

 

Remember...

 

Cleary – Mowrey = NO Contract – NO Money

Now you have a new way to keep an Eye on USAPA. Follow us on Twitter!

 

http://twitter.com/usapawatch

 

We’ll keep you updated on the latest factual news with updates right to your cell phone or PDA.

What the Cases Really Say...

...The True Meaning of USAPA Case Law – Part One

 

A USAPAWatch Publication

 

 

...USAPA has at various stages misstated law, facts, and procedural history with frequent recourse to the 'contradiction or confusion...produced by a medley of judicial phrases severed from their environment.  – The Honorable Judge Neil V. Wake

 

Recently, your USAPA leadership introduced a new opinion series titled What the Cases Really Say as a rebuttal argument to the recent fact based legal analysis by TheEye. With support for their endeavor shrinking faster than mainline seat capacity, USAPA feels compelled to enlighten our group through flawed case analysis as to the logic behind their ill-advised appeal. With almost trademark imprecision, USAPA's new series misses the target entirely and instead of an accurate case analysis, they took dead aim to try and discredit a Federal Judge in a vein effort to recover fading support.

 

Questioning authority is often viewed as a virtue as it can reveal and verify truthful intention and purpose for all to see. While we appreciate USAPA's stab at transparency, it once again fails to bring any truth to light. Granted, Judge Wake's case analysis doesn't live in a vacuum and Attorney Lee Seham's analysis certainly does not either. However, considering motive, should one believe a Judge sworn to uphold the law, or a lawyer that is concerned more about billable hours then his clients well being? At least Mr. Seham had the decency to pause his pilot funded European vacation yesterday to participate in a BPR conference call. One specific product of the call was a resolution demanding tighter controls over official USAPA communications and a new approach to censorship. To Mr. Seham's chagrin, no censorship will ever be found in anything published by TheEye as transparency is vital for the long term good of all US Airways pilots.

 

So who DO we believe? Is it the holdings of a well respected Federal District Judge or an opportunistic lawyer? In a calm, quiet, and reasoned environment, the choice would be pretty simple. However, in the frenzied world of USAPA, misinformation flows with effortless abandon. In order to provide clarity amidst USAPA's constant spin, we will lend assistance in your analysis of the question by providing informed opinions from a group of highly respected Railway Labor attorneys. Over the coming weeks, TheEye will introduce a series of letters from these attorneys written at the request of various parties involved in the dispute. As if providing forbearance to Judge Wake’s holdings in the Addington trial, these legal experts reached remarkably similar conclusions without any collaboration or knowledge of each other's written opinions on the matter.

 

This is not a coincidence and it is not a conspiracy. Most of these RLA legal opinions were sought and written immediately following the release of the Nicolau Award. With an understanding of the true and accurate assessment conducted by this diverse group of legal professionals, the question will likely become: Why did Mr. Stephen Bradford and hired Attorney Lee Seham embark on such a perilous journey culminating in a fiery pit of litigation hell? One can only speculate, but as the letters reveal, Mr. Bradford and his coconspirators were well aware of the universal (save Mr. Seham) conclusion that the likelihood of overturning a properly conducted arbitration was slightly north of zero.

 

One can only speculate as to the true motivations of Mr. Bradford, but as our first letter will disclose, he completely ignored the clear and concise advice of expert counsel. As a matter of fact, Mr. Bradford was specifically told to not divulge the real reason for founding USAPA, but as revealed in second letter, he couldn’t contain his emotions and decided to engage the ALPA Executive Board without restraint. As fate would have it, Mr. Bradford further damaged his and USAPA's credibility by the conscious decision to avoid defending his motives for forming a new collective bargaining unit at the Addington trial. Of course, his appearance would have been under oath to tell the truth, and it was highly unlikely that his attendance would have changed the outcome unless he was willing to perjure himself. Nevertheless, his ‘no-show’ confirmed Mr. Bradford's original intentions that began in May 2007, intentions that an esteemed RLA attorney clearly warned against disclosing.

 

The following text reveals the context of the legal opinion from respected labor attorney Chris Katzenbach of Katzenbach and Khitikan. Mr. Katzenbach’s firm was interviewed in May 2007 in the early stages of Mr. Bradford’s expedition to form a new organization, an organization with the singular goal of destroying the careers of the former America West pilots. Although the letter was marked confidential, in the fanaticism to gain support of the East pilots, this material was published on a public Web site thus piercing the normally ironclad veil of attorney/client privilege. As a result of this all too common recklessness and oversight within USAPA’s founding leadership, this letter was admitted into evidence and became an important component of the Addington trial and subsequent verdict. In the discussion, Mr. Katzenbach warned Mr. Bradford by stating,

 

...the language you use in setting up your new union and how you go about talking and writing about your solutions to this award can be used against you. You need to stress [t]he positives of the new union and not dwell on the award.  Don't give the other side a large body of evidence that the sole reason for the new union is to abrogate an arbitration, the Nicolau award, that in the opinions of most judges, should be allowed to stand due to no gross negligence or fraud

 

With that introduction, here is the entire discussion:

 

 

As we disclose the second correspondence, Mr. Bradford appears to be in the grips of anger while writing to ALPA Executive Board Member Captain Russ Webber. This e-mail was also entered into evidence during trial.

 

Before introducing the Bradford e-mail to close-out this first installment of ...The True Meaning of USAPA Case Law, we would like to leave you with a few thoughts to ponder.

USAPA's appeal filed with the 9^th Circuit Court is strictly an administrative view of the District Court proceedings. It is in no way a re-analysis of the Nicolau Arbitration. The case law arguments that are espoused upon in What the Cases Really Say have no real bearing on the Circuit Courts final decision as the District Court trial was NOT a trial on the merits or lack thereof of the arbitration. USAPA's attempt to continue a smear campaign in the hopes of gaining sympathy will truly not work.

 

Based on the first two documents disclosed in part one of this series, one can clearly deduce the early mindset of the players. On that well-known May 2007 van ride to Herndon, Mr. Bradford and his coconspirators embarked on an emotional and clumsy effort that was doomed to fail from the start. As we will document in the coming weeks, the efforts of a few East pilots guided by their chosen Attorney Lee Seham clearly disregarded the sound opinion and advice of various well respected labor law attorneys. In all honesty, we couldn't make this stuff up if we tried. It is almost laughable if it weren't so damaging to the careers of ALL US Airways pilots.

 

We leave you now with the words of USAPA's founding President F.O. Stephen Bradford.

 

 

 

 

Cleary – Mowrey = NO Contract – NO Money

"The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it.  If the opinion is right, they are deprived of the opportunity of exchanging error for truth:  if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error."  -John Stuart Mill, On Liberty, 1859

USAPA's Latest Shopping Trip

 

 

The infamous phrase "The Truth Shall Set You Free!" couldn’t be more applicable to the predicament of the US Airways pilots. No matter which side of the Mississippi you reside, the finality of the seniority integration must be accepted. Yet, it seems as though Mr. Cleary and his posse that run USAPA need another court to reaffirm this reality. Their wild goose chase in pursuit of the unattainable continues to lead the 5000+ pilots they supposedly represent further and further away from a joint contract. USAPA’s pursuit is holding back hundreds of millions in cold hard dollars. Mr. Cleary must have missed the Union 101 class that teaches instructions on a union's primary purpose: The negotiation of better pay, benefits, and working conditions for all of its members and not dictatorial dominance at all cost.

 

As some may have heard, USAPA embarked on another futile pursuit by filing an appeal in the 9^th Circuit Court of Appeals. We liken this petition to just another shopping trip as USAPA is hoping that fresh faces with slightly fresher words and case law will sway a brand new panel of neutrals. As has been outlined in our recent fact based communications, this effort at shopping a story filled with deception and lies will bring just another fat legal bill and little in the shopping bag for the cost and effort. The USAPA leaders need their credit cards taken away AS SOON AS POSSIBLE.

 

USAPA and their crack attorney Lee Seham also filed a Motion to Expedite Briefing and Oral Argument. In this 19 page brief, one that could have been handled in a quarter of the pages (Think Seham and padding his wallet), the same stories of "windfall" and "unfair" treatment thrive throughout. We were impressed that the word "Classic" is now being used to describe Date-of-Hire seniority versus the nauseating "Gold Standard" approach. Was that term Gold Standard being overused, or was this new description used to tone down the rhetoric and convey a less pompous disposition before the Judges of the 9^th? After all, it appears Judge Wake and the jury was less than impressed with Mr. Seham’s lack of respect for their jurisdiction. Despite putting new polish on the turd, the 9^th will not be swayed from the depths of USAPA’s deviant behavior. In fact, it’s highly unlikely that any court in this great land will be deceived by their nonsense.

 

A recent USAPA legal update announced plans to rebut TheEye's three part FACT based series titled "Why USAPA Will Lose on Appeal." They’ve named their series "What the Cases Really Say,” as if there is some hidden code that we supposedly naive and uniformed pilots may have missed. While we congratulate this effort at transparency, we must caution that USAPA's opinions on case law have been shoddy and WRONG since Mr. Bradford’s very first law firm "shopping trip" back in May 2007. Virtually none of the case law has held up to the scrutiny of the court system and it is highly doubtful that this pattern will change anytime soon.

 

In our ongoing efforts to disseminate the truth, TheEye will continue its legally accurate articles with a new series titled "What the Cases Really Say...the True Meaning of USAPA Case Law." Our pilot group has been hungry and long overdue the truth from USAPA. After the evidence uncovered during the Addington Trial, it has become blatantly obvious that truth and clarity have escaped the USAPA leadership and Mr. Seham on an all too frequent basis.

 

As Judge Wake stated in his recent holding,

 

"...USAPA has at various stages misstated law, facts, and procedural history with frequent recourse to the 'contradiction or confusion...produced by a medley of judicial phrases severed from their environment.'"

 

It is time for all US Airways pilots to rise up and denounce the lies and demand an end to this charade. Hundreds of millions have been lost and will never be recovered by our struggling group. It is long overdue for all pilots to realize that Mike Cleary and Randy Mowrey are a dead end game in the group's objective to obtain greater pay and benefits.

 

 

Cleary-Mowrey = NO Contract-No Money

Why We (USAPA) Will Lose On Appeal

Part Three

The great enemy of the truth is very often not the lie – deliberate, contrived and dishonest – but the myth – persistent, persuasive and unrealistic.   - John F. Kennedy

Today in Part Three of "Why We (USAPA) Will Lose On Appeal," we will start with a global type question: How much more time and money are the pilots of US Airways going to give USAPA President Cleary and his thugs before we collectively proclaim "enough is enough?" ...Let's save that answer for later.

 

In the mean time, July 17, 2009 marks another momentous day in the ongoing struggle to complete the merger and satisfy the terms of the Transition Agreement. Federal District Judge Neil V. Wake issued his Order of Injunction in the case of Addington v USAPA. The order itself (Doc 594) was relatively short. However, Document 593 titled FINDINGS OF FACT AND CONCLUSIONS OF LAW and ORDER is arguably the most important document of the entire merger thus far second ONLY to the Nicolau Opinion and Award itself.

 

At 53 pages, Document 593 is THE definitive document that provides a superior synopsis of the entire East/West dispute. It is a must read for all US Airways pilots due to its permanence (as in reference to infinity). Document 593 will live with the combined pilot group for the duration of our careers including future mergers and new bargaining agents. The only way this document will ever be eviscerated would be in the very unlikely event the 9^th Circuit overturns Judge Wake’s carefully researched and airtight prose. It is more likely that a US Airways pilot will win the next Powerball jackpot than the 9^th overturning the Addington verdict.

 

Instead of picking up where we left off in Part Two, we are going to take a slight diversion to begin the final chapter of our discussion.

 

"Honest disagreement required honesty up front."

 

Honor and integrity are two words that have been ever present in this sorted affair. At times the words honor and integrity have been abused to the breaking point, but throughout the past four years they have upheld their meanings as handed down through history. We referenced numerous dictionaries and can safely report that the definitions have not changed despite repeated attempts by USAPA to claim sole possession of the meanings.

 

The words honor and integrity were uttered repeatedly during the historic testimony in Courtroom 504. Defense witnesses peppered the words causally throughout the trial like a person would wipe their muddy shoes on a worn door mat. One "star" witness illustrated the word "integrity" using a likely fictitious story from years past recalling his young daughter's question, "Daddy, what does integrity mean?" A booming voice answered, "Integrity means doing the right thing even if it's not convenient." We wholeheartedly agree with that response, but we are disgusted by his application of this scripted answer to USAPA’s actions in their attempted seniority heist.

 

This answer was really directed to say "set aside a final and binding arbitration." Is that an example of "Integrity?" Once again, a rational person would evaluate this exchange between the defense witness and his attorney as have a double meaning. To be consistent with his twisted logic, the witness actually should have answered, "Integrity means doing the right thing even if it's not convenient, BUT the USAPA leadership gets to decide the convenience factor of the problem in question."

 

"Integrity means doing the right thing even if it's not convenient, but the USAPA leadership gets to decide the convenience factor of the problem in question."

 

So what did the East leadership decide? In so many words the leadership said, "At this juncture, the Nicolau Award is really inconvenient for the objectives of our group so we're going to change the rules and make the situation convenient for "our side only" even if the West unreasonably suffers as a result.” We have to say that the "Shame of the Year" trophy is awarded to USAPA and its counsel for even attempting to present such dishonorable testimony. Based on this dubious testimony, did Mr. Seham honestly believe the jury would plunge into sympathy for the East pilot's alleged plight?

 

The well scripted and thoroughly rehearsed "star" witness made statements to the jury that included words such as "unfair," "flawed" and "windfall," repeating them when necessary. When one understands the honesty and integrity of the situation, in this case a final and binding agreement, how in the world can this testimony be anything less then an attempt to purposefully mislead a jury? Well, in the end the jury maintained its steadfast commitment to the facts despite some teary eyed theatrics. This USAPA objective and others were "firmly rejected as a matter of law," as stated by Judge Wake.

 

Additionally, the word "honor" holds strong opinion in Document 593. On page 34 second paragraph, Judge Wake comments,

 

Dissatisfaction with the previously agreed-upon ALPA merger procedures was not a legitimate union objective. Honest disagreement required honesty up front. It was only after the Nicolau Award was issued, and the pilots lost their veil of ignorance, that so many East Pilots decided that the procedures were inherently unjust. The union cannot satisfy its duty by catering to this self-interested hindsight.

 

"Honest disagreement required honesty up front." Understanding the firm and true meaning of this statement, how can anyone ever claim any rights to something different? After the fact just doesn't cut it, and the District Court has made its displeasure known in the strongest sense. It doesn’t take a supreme intellect to understand that the 9^th Circuit will view the concept of honor with the utmost support of Judge Wake's views as well.

 

After that slight detour of enlightenment, let’s continue our analysis of USAPA's "Why We Appeal." In the final pages of our review, we will complete our dismantling of USAPA's flawed logic in their self-humiliating attempt at appeal. As you have already learned in Parts One and Two of this three part series, the USAPA decision to appeal is based on a seriously defective and reprehensible strategy to unseat a final and binding arbitration.

 

Inability to Challenge the Nicolau Award

 

USAPA claims a steadfast right to challenge the Nicolau Award and that Judge Wake prohibited them from doing so. This is entirely true and for good reason. The Nicolau Award was NOT on trial and can never be adjudicated in the way USAPA represents it can.

 

"...USAPA has at various stages misstated law, facts, and procedural history with frequent recourse..."

 

USAPA asserts their rights to Nicolau modification or obliteration through citing snippets of text from case law to gain the appearance of a solid footing. This feather-bedding approach appears unyielding to the casual eye, however, when placed in the litmus test of the Court's scrutiny, it miserably fails to explain any sound rational.

 

Judge Wake specifically addresses USAPA's purposeful misdirection by this comment, "...USAPA has at various stages misstated law, facts, and procedural history with frequent recourse..." (ADD 593, 14:20). The sphere in which the USAPA leadership finds itself continues to get smaller and smaller within the analysis. We believe with almost complete certainty that the District Court and subsequently the 9^th Circuit Court will see eye to eye with regard to disallowing any evidence that would cause litigation of the Nicolau Award in part or as a whole.

 

Actions of Every Other Union on the Property,

Date of Hire as the Gold Standard &

ALPA Merger Policy

 

We have chosen to combine these USAPA opinions as they truly intertwine to create one argument.

 

"Fairness could be found only in an agreed procedure, not in an agreed outcome."

 

USAPA has proclaimed, shouting from the highest hills, that date of hire (DOH) is the supposed "Gold Standard" of union seniority integration. With ALPA's seniority policy in plain view, how can anyone claim that the actions of every other employee group should apply to East/ West pilot seniority integration? This draws us back to the introductory discussion of honest intentions. USAPA went into the arbitration with "blinders off" staring down a policy that does NOT contain DOH anywhere in its pages. A protest lodged prior to the mutually established arbitration, not after, would have been the honest and forthright thing to do. As the Court states, "Fairness could be found only in an agreed procedure, not in an agreed outcome." Only after the award was issued did the East choose to create such flawed arguments for its defense.

 

Editor's note: To be clear, NO ONE has ever denied the right of the East pilots to ASK for a Date of Hire (DOH) seniority integration. No claims are made to the contrary here in our discussions as well.

 

In this unfinished merger, the East pilots under ALPA did in fact propose DOH during the negotiation, mediation and arbitration phases of ALPA Merger Policy. Understand that DOH of hire is ONLY ONE of many different methods of seniority integration and is by no means exclusive.

 

After all the evidence and testimony, Arbitrator Nicolau chose a ratio method. The ratio method was used to AVOID the "windfall" claimed by USAPA. Under the DOH method the East leadership continues to pursue as the "Gold Standard," it would have severely disadvantaged over 80% of former America West pilots. This is the circumstance Mr. Nicolau faced when choosing the specific method of crafting the final and binding Award.

 

The Delta/Northwest seniority arbitration panel, comprised of THREE NMB arbitrators, certainly did not agree with the notion that DOH is the “Gold Standard.” As many know, the Delta/Northwest arbitration went the way of the Nicolau Award, a ratio. DOH methodology was non existent in their final product. In the very unlikely event the 9^th Circuit remands the case to the District Court for a new trial in order to consider new evidence, USAPA’s assertion that "Actions of every other union on the property," would be negated by the Delta/Northwest methodology.

 

The specific evidence mentioned here was not admitted by Judge Wake for either party. The reason was again very simple, USAPA was unable to provide a concrete reason to introduce such material. Judge Wake stated, "USAPA's argument is little more than a circular rationalization for its departure from the Nicolau Award in favor of the majority." (ADD 593, 27:7).

 

Even a quote of 9^th Circuit opinion on seniority integration, found in "Why We Appeal," fails in an approach to garner sympathy due to the same fact; the Nicolau Award was not on trial nor was ALPA Merger Policy. All valid points the USAPA leadership cannot seem to grasp.

 

Same facts, different court, different result?

 

...And we say, "What?"

 

Uh, no USAPA, not so fast. When comparing Breeger to Addington be very careful where you step. With this argument, is USAPA just adding filler to the "Why We Appeal" commentary because of the document's paltry and anemic nature? In the end, by adding the little blip about Breeger, it appears to be another attempt at mixing up the content to manufacture a desired result. The result is another attempt at excluding the East pilots, as a whole, from the realities of a failed endeavor to cheat. Once again, USAPA plays games with the truth and doesn't tell the whole story as there is ample case law of discrimination to study within Federal Court history.

 

It is USAPA's motives that differentiate the Addington case from Breeger. Simply, it is the motive to discriminate against the West minority to the BENEFIT of the East majority that makes this situation so compelling. AND, If you thinking that the USAPA Conditions and Restrictions (C&R's) are crafted to supposedly protect the West from the effects of USAPA's DOH massacre, forget it as the C&Rs are nothing but a veiled attempt at offering...well, nothing. The C&R’s effectively discriminate against the West pilots from beginning to end. Fortunately, the legal code of our great country protects citizens from bullies such as USAPA who take seemingly effortless satisfaction at the prospects of complete West pilot career annihilation. In the end, making comparisons to Breeger will not sway the 9^th Circuit.

 

USAPA Appeals in Defense of its Constitution,

Its Members, and in Defense of the Labor

Movement as a Whole.

 

Hmmm, let see if we can get this straight. Since we have already exposed USAPA's self- righteous constitutional claim, we'll address the last comment first, "Defense of the labor movement as a whole."

 

Does the USAPA leadership honestly believe that all of their obvious and premeditated violations of decency, some listed below, are done "in defense of the labor movement as a whole?" Here are some examples of the documented treachery:

 

Within days of the release fo the Nicolau Award

1)      Making threats to leave ALPA.

2)      Contacting law firms to explore ways to circumvent a final and binding arbitration.

3)      Threatening to establish a new union with a constitution that attempts destroy an arbitration.

4)      Beginning a period of what Judge Wake termed "Dual Unionism" as East ALPA elected officials began to also work for the newly formed USAPA...with the intent of circumventing a final and binding arbitration.

 

Within weeks of the release of the Nicolau Award

 

1)      By East Resolution, demanding that ALPA set aside the Award demanding an arbitration "do-over" of a final and binding arbitration.

2)      By East Resolution, threatening to withdraw from Joint Contract Negotiations if ALPA refused to set aside the Award, a final and binding arbitration.

3)      Unlawfully retreating from Joint Negotiations causing a artificially contrived impasse with the intent to delay until USAPA could be certified.

4)      East ALPA officials continuing "Dual Unionism" by starting a concerted campaign to remove ALPA and replace USAPA with the intent of avoiding a final and binding arbitration characterized by Judge Wake to be "most final and most binding."

 

With certainty of facts uncovered during the now famous Addington trial, clearly the intent of the majority of East pilots was to create the antithesis of unionism to trick the system thus creating the alternate reality now known as USAPA. Through testimony recorded during the trial, there have been ample findings with regard to the Supreme Court commentary of "substantial evidence of fraud, deceitful action and dishonest conduct." That is very long journey away from the claim of "defense of the labor movement as a whole." To date, as a "single issue union," USAPA has done little to advance the betterment of its members.

 

How much more time and money are the pilots of US Airways going to give...

 

At the beginning of today's commentary we posed the question: How much more time and money are the pilots of US Airways going to give USAPA President Cleary and his thugs before we collectively proclaim "enough is enough?"

 

In all likelihood, we will collectively step in and regain control when the next absurd promise made by Cleary's angry and vindictive administration fails to materialize. With all the legitimate facts on display for the world to see, there is no justifiable reason to appeal, save one. USAPA would like to delay, delay, and delay even when facing contempt of Judge Wake’s Order as the strategy appears to show greater interest in suffering the Court's wrath rather then allow Nicolau implementation, a truly self-defeating purpose. This delay strategy is not consistent with the normal goals of a healthy union. A healthy union, absent of hatred, would be zealously seeking the best pay and working conditions for its membership. Unfortunately, we are not dealing with a healthy union in USAPA. Judge Wake drives this point home by stating,

 

“A jury and this Court have found the union to be motivated by wrongful objectives, and abundant evidence supports that finding. It would indulge those objectives to allow USAPA to alter the Nicolau Award, and it would bestow upon USAPA an unlawful power that ALPA neither possessed nor asserted."

 

USAPA has been, and continues to be, busy crafting ideas such as the LOA 93 wage snapback, pursuing the idea of separate contracts (one East and one West) and stalling negotiations by hoisting pie-in-the-sky proposals. All these schemes are designed to maintain separate operations thus keeping the Nicolau Award on the shelf. The leadership is plotting all these deviant activities in light of a liability verdict and comments such as the one Judge Wake makes above. Judge Wake also comments on the rogue idea of separate contracts with this observation,

 

"Separate labor agreements would materially deprive US Airways of the business benefits, now four years delayed, of a merger and combined operations, for no apparent reason but to enable continued unlawful discrimination within the union. To shut this door is part of the minimum necessary to end the game."

 

...Very true and the game(s) need to end NOW!

 

Mr. Cleary and a vast group of co-conspirators have been hiding the truth about Nicolau since May of 2007. An independent study was conducted by the same individual now doing contract costing for the Association. He concluded the overwhelming majority of East pilots are not adversely affected by Nicolau. In fact, he concluded that those pilots who feel they were denied an upgrade due to the Award would not have upgraded with or without the merger. He also found that, at the very worst, East pilot upgrades that would have occurred were only delayed by a maximum of two years. It is long overdue for the East pilots to educate themselves on the truth of Nicolau and to stop buying the captivating “windfall” party line.

 

Promises (Repeatedly) Broken...but Truth and Honesty will Prevail

 

USAPA made two chief campaign promises to the East rank and file. One was the promise of DOH seniority and the other a quickly negotiated industry LEADING contract. Both of these promises were broken. The first with myths and grand stories supported by brutally dissected case law. The second, well, it is instantly recognizable that USAPA has no intention to provide better pay and working conditions for US Airways pilots and their families now or into the distant future.

 

After understanding the true stories told in this three part rendering, it goes beyond fact that no seniority exists outside the properly arbitrated award. However, there is still a chance to move forward to improve our lives through a contract. Truth and honesty of purpose demands this fact.

 

Some believe a joint contract honoring the efforts of all US Airways pilots is years away. This could be further from the truth, but it will take reasonableness to push forward with the goal of obtaining improved pay and benefits for all. It will take an honest effort from those who are fed up with lies and deceit. Judge Wake comments on the importance of a joint contract sooner rather than later by stating, "The pilots must choose between the status quo and a single new CBA that incorporates the Nicolau Award with whatever improvements in wages and working conditions USAPA can negotiate for the East Pilots and the West Pilots alike."

 

...generally from merger announcement to completion of a joint contract, including seniority, should take 2-3 years.

 

We are long overdue to complete this merger. Even Mike Cleary should be appalled at the speed with which pilot integration has taken place here. Mr. Randy Mowery, a former East ALPA Merger Committee Representative, wrote an article on the subject of merger timelines back in 2003, a full 2 years prior to the marriage of AWA and AAA. Mr. Mowery stated that generally from merger announcement to completion of a joint contract, including seniority, should take 2-3 years. We are currently 4+ years and counting. The recent Northwest/Delta merger was well below that time frame as a joint contract and seniority have been finished for quite some time now. All that's left in NWA/DAL merger is the single FAA operating certificate; something neither group can control as that is a company issue.

 

Mike Cleary, the president of USAPA and an authority on merger timelines, seems to be satisfied with allowing his constituency to suffer with sub-standard wages, benefits and working conditions in perpetuity. There is also a constant and fatiguing theme of blaming everyone else for the failings of USAPA's false promises. Enough IS enough and the time for truthful change is long overdue for the honest and hardworking pilots of this company. The time is NOW to rise up and regain control before it is too late. A true union would not stand by and watch its workers suffer. A true union would embody the concept of "honest purpose and fair dealing for all." We are certain that ALL US Airways pilots deserve this respect.