Pat, Manny and I all share a military background and we have been schooled in leadership techniques but I don’t recall learning about the methods they are using here. It seems like something more out of the playbook of a South American dictator rather than what should be coming from an ‘officer and a gentleman’.

First Officer Dean Colello

Integrity first

Service before self

Excellence in all we do

An open letter to First Officer and NAC Member Dean Colello:

Dean,

Thank you for your honest and very public statement regarding the recent resignations of Capts' Day and Lopez from the NAC. It must be incredibly frustrating to witness your years of note taking experience flushed down the drain by such reckless and self serving individuals. Rest assured that one day the hard work you selflessly gave our pilot group will bear its fruit when an important contract dispute confronts us. The quality of your product will most assuredly guarantee us success. 

The seriousness of purpose conveyed by your letter should give all US Airways pilots pause. Your credibility should never be questioned as few pilots can claim so many years of uninterrupted full time union service. Hold your head high Dean, for you have seen it all. You’ve had a front row seat to the messy sausage making process first at ALPA, then at USAPA, and possibly both at the same time. 

It is clear that the tragedy befallen you over four years ago has caused you significant stress. Switching your allegiance in order to preserve the self placed unimaginable demands on your core. In that light, we understand your break with the COC and your direct communication to us rank and file line workers. 

Dean, it must be difficult to look back and see the mess you’ve helped create. We would just like to remind you that it is never too late to put honor ahead of self. So pack a lunch, leave the flight case at home, and enjoy the fruits of your labor - separate ops under LOA 93 for ever and ever. Congratulations, you’ve done it! 

Sincerely, 

TheEye

“Unfortunately, there is no middle ground being offered by our opposition on any front, so there is simply no question of which side of the battles to be on. We will neither cease nor buckle and our adversaries should clearly understand that our commitment to our collective futures will endure regardless of what is thrown at us.”

Although TheEye has been dormant as of late, we certainly have not ceased paying attention.  The looming LOA 93 decision coupled with the eventual cementing of the Nicolau Award in Judge Silver’s courtroom have made commentary on the circus called USAPA rather unnecessary. 

But the latest hypocrisy spewing from articles published by the website Compass Correction Coalition is too much for us to ignore. While we don’t necessarily disagree with much of what the Coalition writes, it is important to remind the readers of the recent history of its primary authors: Eric Rowe, Dave Ciabattoni, and Doug Mowery. 

Let’s start with Capt. Rowe. It is well known that Capt. Rowe was the self-proclaimed protector of the “junior” pilots as Chairman of the PHL local council under ALPA. He led the charge to fire any member of the Merger Committee who wavered from a hard line DOH position. Even after repeated warnings from Arbitrator Nicolau, Capt. Rowe was not going to budge and compromise. After all, as an A330 Captain at the pinnacle of his career, he had little to lose by maintaining a “damn the torpedo’s, full speed ahead” approach. The minute the Nicolau Award was released he parlayed his role as protector into a founding supporter of USAPA and its mission to circumnavigate Nicolau. Few of his admirers ever stopped to question the ineffectiveness of his leadership. In fact, it could be strongly argued that had he ceded true autonomy to our Merger Committee, we would never have had to deal with the Nicolau Award as we know it. Doing so, however, would have surrendered his epic status among his faithful flock.

Next we have Dave Ciabattoni who served with Capt. Rowe as First Officer Representative under ALPA for the PHL domicile. Capt. Ciabattoni supported his chairman’s hard line approach and demanded full DOH allegiance from the Merger Committee. They along with John Brookman and Mark King in Pittsburgh formed a four vote roll-call to block any movement off of strict DOH. Once the Nicolau Decision was released, Capt. Ciabattoni quickly jumped ship to the USAPA cause. One must wonder if he was really surprised by the Nicolau Award given his hardline stance and the warnings from Nicolau. Could it be possible that his position was designed to get the result it did in order to decertify ALPA? We’ll never know. What we do know is that Capt. Ciabattoni took a lead role in the new union and wrote a substantial portion of the USAPA Constitution and By-Laws. The same document that now deprives his clique of absolute power. The irony is uncanny. 

Moving on to Doug Mowery: the “nice guy” behind the Rowe and Ciabattoni front. Capt. Mowery was a member of the JNC negotiating a contract that would blend the east and west contracts. He worked hard for the JNC right up to the release of the Nicolau Award and then jumped on the “too shocked” to continue bandwagon. Why he was so shocked is a mystery to us as he was fully briefed and on board with the hard line stance taken by the PHL and PIT representatives. With the new union up and running, Capt. Mowery became the face of USAPA that the old hardliners wanted to advance. His name is continually found on USAPA nominating and election ballots. More recently he has begun signing his name to Compass Correction Coalition articles. 

What caught our Eye was the statement they made in their November 30th open letter to the BPR. They wrote, “If USAPA loses the right to negotiate its own seniority system, the repercussions for the profession and our pilot group should be obvious to the Board.” They must understand that no one argues that USAPA doesn't have the right to negotiate its own seniority system. The problem for them is that they helped form a union with the documented goal of purposely disadvantaging the AWA pilots. If USAPA exercises its right to negotiate, the west pilots will most assuredly sue for DFR and win. And if Judge Silver doesn't release US Airways from their obligations as memorialized in the Transition Agreement they will be sued too. Their favorite lawyer either never told them this inconvenient truth or they never listened to opposing viewpoints when they joined Capt. Bradford in the back of the van. Their blind acceptance of the notion that changing bargaining agents would free the east pilots from the Nicolau Award was as dangerous then as it is now. What is further troubling is that these so called “unionists” believe that their failure to destroy the careers of another group of pilots will somehow have negative repercussions for the profession. They must have missed the fact that their actions have allowed US Airways to employ some of the lowest paid pilots in the world for the past decade.

In the coming officer elections, the names above are highly likely to surface on a ballot or nominating form. Yup, the same old-same old is coming to a ballot box near you. We get to choose between the failed hardliners of the past who make us feel good with their ineffective posturing and the current dictatorial regime that has gotten has absolutely nowhere since their ascent to power. Add these two factions together and one could only begin to calculate the damage inflicted on our pilot group. We are all desperately in need of results, yet these names have never produced anything of meaning for our group.  

Recycling the past hasn’t worked too well. We need new, brave, and bold leadership. 

“As we updated you in our June 7th briefing, USAPA Paralegal Cathy McHale contacted Arbitrator Kasher seeking his availability for the scheduling of future arbitrations. Arbitrator Kasher reported that he was recovering from major surgery, that he was "back in business," and that he would try to complete his work within the next couple of months. As you are aware, he currently has two decisions pending before him: the Hotel Selection grievance and the Letter of Agreement 93 grievance.”

                                                                      -August 3, 2011, The Iron Compass

TheEye has received confirmation from numerous sources that Arbitrator Kasher issued his decision in the Hotel Selection grievance more than a week ago. From our understanding USAPA lost the grievance and is purposely withholding the decision from the membership.

Considering USAPA and First Officer Parrella’s pattern of deception and lies, how can we be sure that a decision in the LOA 93 case hasn’t been issued?

We would like to know why USAPA has held this information from us and why they continue to mislead the membership?

"In short US Airways is in federal court not because of any actions of its pilots but in a blatant attempt to muzzle your union from bringing its legitimate concerns regarding the safe operation of US Airways airplanes to the attention of the passenger public. We have retained counsel and experts to maintain a comprehensive and vigorous defense and will apprise you of the developments in this case as they unfold."

                                                          -August 3, 2011 USAPA Legal Update

The hundreds of pages of evidence submitted by US Airways in their request for injunctive relief from USAPA's illegal job action is overwhelming. As we've been writing for some time, this isn't a campaign about safety or protecting the general public. This campaign is about quasi date-of-hire and nothing else. Since 2005 the east pilots of US Airways have been promised quasi date-of-hire and they will stop at nothing, including the liquidation of the airline, to achieve their goal. Unfortunately for all of us, it took Mr. Parker the better part of six years to figure this out.

The latest lawsuit was filed by the Company almost one week ago. Since that time USAPA has continued to poke the bear in the eye with defiant updates from the national office, as well as the Philadelphia and Charlotte domiciles.

Although there have been off the record conference calls among the east BPR members and officers, there have been no publicly announced meetings called by the President to discuss legal strategy. USAPA is facing the greatest threat to its existence since its formation and there has not been one official meeting or conference call. Remember, this is the same leadership that couldn't even sign an office lease without holding numerous BPR meetings. Yet a lawsuit with the potential for crushing monetary implications is met with internal silence?

Not likely.

Through many sources, TheEye believes that the BPR has been holding unofficial phone conferences regarding the Company's lawsuit and its illegal safety campaign. It is our belief that these clandestine meetings predate the latest lawsuit.

Not only is conducting official union business under this veil of secrecy against the USAPA C&BL's, but it's a violation of federal labor law to exclude certain elected representatives.

But then again, most east pilots remain silent as this is all being done in the name

of quasi date-of-hire.

It is ironic that we still complain about the back room deals made in smokey rooms at the Key Bridge Marriott by our former bargaining agent, but we condone our current union's secrecy when it involves the destruction of another pilot group.

Hypocrites we are!

On a final note, have you noticed that the stench created by our BPR's "Safety

First" campaign was even too much for Mr. Seham to stomach? We never thought we would see the day where his lust for billable hours was overcome by the recklessness and stupidy of his client.

“In or about April, 2011, USAPA distributed to its members lanyards that bear the legend “Safety First, I’m on board” 

-Amended Complaint for Declaratory and Injunctive Relief filed by USAPA. 

We’re confused! Until this latest court filing, USAPA has denied any and all involvement in the “Safety First, I’m on board” illegal job action. Now the Union is taking full ownership of this out of control and ill advised campaign. 

Not only is USAPA taking ownership, but in a letter to US Airways COO Robert Isom, USAPA President Mike Cleary proclaimed “We consider the new policy to be simply a component of a policy of intimidation, undermining union activities, and subordinating safe operations to corporate profit. We are therefore advising our members to continue to visibly demonstrate their support for their bargaining representative through union-approved lanyards, pins and badge-backers.”

We have no doubt that Mr. Cleary has placed his red "Union Pilot" badge backer and yellow "Safety First, I'm on board" lanyard in the top drawer of his conference room office desk* in compliance with the new Company directive. After all, he completed his Distance Learning module on-time in direct conflict with phone calls and text messages made by his most loyal supporters. 

Now that the bet has been wagered in this high stakes game of chicken, will the Company or USAPA blink first?  

Considering US Airways management has done nothing but condone and encourage USAPA’s behavior over the past three years, our money is on the Company. 

Are you willing to take the risk or will you join USAPA's leadership and comply with the directive? 

As you head to work on August 1st, the choice is yours.

* TheEye has confirmed that Mr. Cleary refuses to occupy the office allocated for the President at USAPA’s new headquarters as he considers it to be inadequate.

Earlier this week, Vice President of Flight Operations Lyle Hogg issued a letter to all US Airways pilots announcing the termination of pilots for their failure to complete required Distance Learning training. In his letter, Captain Hogg quoted from his prior letter:

“In recent weeks many of you have been contacted via phone, sent messages, or have seen flyers and stickers encouraging pilots to be “On Board” by delaying the completion of your Distance Learning Training. A concerted action such as this, intended to disrupt our operation, is considered to be an illegal job action and will not be tolerated.”

He went on to state:

“Therefore, I regret having to announce that you will hear of a few pilot terminations in the coming days. This is unfortunate, but we cannot allow intentional acts such as these to affect the service our passengers have come to expect from US Airways.”

TheEye has confirmed that none of the pilots facing termination are USAPA officers, BPR members, or Committee Chairmen. That’s correct; the same Mike Cleary whom so smugly suggested to a Crew News audience a few years ago that “we should watch what they do, not what they say” when judging the actions of management didn’t even have the courage to follow the advice given by his Union’s whisper campaign. He along with the rest of the USAPA leadership completed their required training prior to the deadline. 

That’s right, the USAPA leadership stepped aside prior to the cliff and allowed their blind followers to fall into the abyss without a peep from Mr. Theuer's propaganda machine. 

Captain Hogg’s letter is dated July 5, 2011. As of today, July 7, there have been no comments from USAPA about the fate of their blind followers. 

Instead, USAPA has been busy fabricating this week’s Safety Gem describing a boarding dispute between a gate agent, a mechanic fixing aircraft Door 1L, and a west Captain. USAPA is obviously frustrated that their call for the immediate termination of the Vice President of Safety and Regulatory Compliance has fallen on deaf ears. Somehow Mr. Clearly believes that a concocted story involving a west crew will somehow cause Mr. Parker to reconsider Captain Morell’s termination. 

In 3 1/2 years USAPA has produced absolutely nothing. 

Now their hopeless quasi-date of hire mission is causing sheepish followers to lose their jobs. 

You may want to think twice before donning your silly yellow lanyard. 

Over the past month TheEye decided to take a step back and observe USAPA’s latest movements. What we’ve witnessed was nothing short of breathtaking. Whether you are an east or west pilot, support the Nic or believe it is the greatest miscarriage of justice in the history of commercial aviation, every US Airways pilot should be concerned with the autocratic and destructive behavior of Mr. Cleary. 

Prior to Judge Silver’s ruling denying USAPA’s motion to dismiss, Mr. Cleary filed a lawsuit in Federal Court against the Company alleging status-quo violations. Although legal proceeding have become the norm for our dysfunctional union, this one was especially eyebrow raising in that the preparations and actual filing were done without the knowledge or approval of the BPR. Mr. Cleary used our dues money to secretly meet with and hire a New York law firm and then he unilaterally authorized the filing of a lawsuit. After the suit was filed and made public to the membership, there was no outrage, just silence. In fact, it seems the membership has reached a point of complete allegiance to USAPA’s ultimate quasi-DOH mission that the misdeeds of the officers, BPR, and committee members is implicitly endorsed. Mr. Cleary has carte-blanche authority to spend our money and do as he pleases because quasi-DOH rises above all else. 

Did we mention that there is no money in the budget for this latest lawsuit? 

It is worth noting that had Mr. Cleary not taken this unilateral action, it is possible that USAPA’s motion to dismiss in the Declaratory Judgment case would have prevailed. By filing the suit ahead of Judge Silver’s decision, USAPA indirectly gave Judge Silver the green light to proceed with the case. But again, since USAPA’s sole mission is quasi-DOH, the east pilots seem content or oblivious to this destructive course of action. 

There is no question, the decision from Judge Silver was a knockout blow to USAPA and its quasi-DOH mission. In typical spin, as if we are too stupid to decipher, the USAPA spin machine buried the motion to dismiss denial below the expected dismissal of the Leonidas cross-claim. 

With no place to go, the clock is ticking on the doomed to fail USAPA legal strategy. In his latest filing, Mr. Seham practically begs the Court to grant management complete immunity should it accept its quasi-DOH list. Due to the 9th's ripeness ruling, it is almost guaranteed that Judge Silver will not opine on a future event that has yet to occur. Remember all the legal updates boasting that USAPA would win at the 9th because the Addington case wasn't ripe? Seems Judge Silver will agree with them. Not to mention, she will probably also rule the record from DFR I as admissible.

Also buried in USAPA's Legal Update announcing their loss was the brash claim that 2/3's of the possible outcomes in the Company's lawsuit are favorable to the Association. Having consulted many legal experts, USAPA's claim is complete and total fantasy. Based on the law, the likelihood that management will be forced to use the unmodified Nicolau Award or be subject to a hybrid claim is the most probable outcome. 

Just today, USAPA Legal issued a highly misleading Q&A regarding the lawsuit. In a response to their own question regarding the timeline of the case they wrote: 

“It should not because now it is clear that the union and the Company agree on a key point of law, that merely signing a contract that does not include the Nicolau proposal does not expose the Company to any legal liability. That means that it is possible that a trial can be avoided.” 

Did we read that right? Even those who blindly support USAPA must recognize this outright lie. If the Company agreed with USAPA regarding their liability and obligations under the Transition Agreement there would be no lawsuit. 

Of course, while Mr. Cleary spends every last dues dollar on frivolous legal proceedings, the pilots have been convinced that burning the airline to the ground is the best way to procure negotiating leverage. Although no leverage has been gained at the table, it appears that the "safety first" crowd has now assumed the power position due to Mr. Parker's refusal to deal with the malcontents. 

On a final note, we have confirmed that Pat "the general" Day has been tapped to join the NAC. Just what we need; another Cleary loyalist with zero negotiating experience and a documented hatred for a sizable portion of our pilot group. 

The actions of our highly dysfunctional union sure look bizarre from high atop our perch. 

By now you have probably seen one of the yellow lanyards worn by some east pilots screaming "Safety First" to anyone who will listen. As we've previously discussed we believe these lanyards to be component of a larger job action orchestrated by USAPA. 

Tomorrow, USAPA plans a so called “solidarity march” at the Philadelphia Airport as part of their greater strategy of frightening the general public using manufactured safety concerns. They naively believe that disrupting the operation and encouraging people to book away from our airline will somehow compel Mr. Parker to open his wallet and offer an industry standard contract. The last time we checked, the highest paid airline pilots in the world fly for the most financially stable companies. Illegally harming the airline and jeopardizing the livelihoods of all US Airways employees is not only reckless but a recipe destined for disaster. 

Like you, we were baffled by the following statement in USAPA's plea for participation in their planned Philadelphia march:

"As we get closer to the end game at the negotiating table, it's the perfect time for this public display of solidarity."

Did we miss something? We've combed the most recent NAC updates and can find absolutely no evidence that progress is being made at the negotiating table. In fact, most of the recent updates by the NAC complain about their inability to make any forward movement on even the most trivial of issues. The tone conveyed by First Officer D'Iorio is best described as one of resignation as his committee is continually outmaneuvered by a far superior management negotiating team. Far from an end game, it seems we are moving ever so closer to the parking lot. Progress by The NAC is measured by the size of the concessions given to appease the mediator, not gains achieved. 

Many believe that USAPA isn't interested in achieving a contract. The theory is that the junior segment of the east seniority list is driving a plan to delay negotiations as much as possible in order to "upgrade" via attrition once age 65 retirements start. They ignore the financial foolishness of this plan as their separate operations career expectation would only afford a small minority of this subset a move from the right seat of a narrow body to the right seat of a wide body. Our industry peers flying narrow body aircraft already out earn every single east wide body pilot. The notion that there will be enough captain and narrow body FO seats available for the majority of the junior first officers is wishful thinking on behalf of this group. It's unfortunate that USAPA is concealing the reality that our retirement numbers are not stove pipe and the financial cost of this strategy is staggering. 

There is also a faction of east pilots who believe USAPA's propaganda that the seniority dispute was resolved by the 9th Circuit. They subscribe to the notion that walking in circles in Philadelphia will translate into progress at the negotiating table. They also believe in the fantasy that USAPA is capable of completing a contract. They completely dismiss or know little about the Company's lawsuit filed in Federal Court against both USAPA and the west pilots. They ignore the reality that the Company is legally bound to the terms of the Transition Agreement and will never bargain away from the Nicolau list unless given complete immunity from the courts. The likelihood of court ordered immunity is just south of zero. 

If you plan on attending USAPA's march tomorrow, we suggest you take a moment to assess the current situation and ascertain exactly what you expect from your time commitment. Do you side with the separate ops forever crowd or do you believe that walking in circles will somehow compel Mr. Parker to drop his lawsuit, accept a DOH list, and toss a bunch of cash on the table? Remember, the majority of those with whom you walk tomorrow will be compensated for their time through USAPA's overly generous flight pay loss program. 

Knowing where you stand and what you expect is very important because we firmly believe that not only is USAPA incapable of reaching a TA, but it is firmly committed to delaying any progress as much as possible under the delusion that east attrition alone will advance their core constituency. 

Our sources have confirmed that USAPA has been told by numerous advisors that the Nicolau award cannot be avoided.  Eventually it will be the combined seniority list if the majority chooses to ratify a contract. USAPA is also keenly aware that mid-seniority range captains are fatigued and losing their patience with the separate ops crowd. USAPA has reduced its entire existence to pandering to competing segments of the east pilot group in order to maintain its quickly evaporating sphere of influence. 

This multiple personality disorder is commonly referred to as schizophrenia. This type of mental illness exhibited by our union cannot be cured; possibly controlled, but never cured.

Unfortunately for all US Airways employees, Mr. Parker seems perfectly content with USAPA's reckless behavior. Thus far, he has refused to intervene as USAPA attempts to destroy our trust with the traveling public for its own selfish gain. 

We often wonder, just who is in charge of our airline? 

Mr. Cleary or Mr. Parker? 

There is no question that the pilots of US Airways are frustrated with USAPA. After three years of going backwards, we are drifting further and further from obtaining a joint contract. It is now widely accepted that due to its systemic design flaws, USAPA will never be able to move the US Airways pilots off bankruptcy era wages and work rules. 

Sadly, this reality has not been accepted by Mr. Cleary and his enabling BPR. In a pathetic attempt at creating negotiating leverage, Mr. Cleary has transformed his vocal criticism of US Airways’ safety culture into an organized and illegal job action complete with ID lanyards and a phone tree. We’ve received numerous reports from pilots whom have received anonymous phone calls and text messages cryptically calling for an organized work action. They must believe that by illegally sabotaging the operation and jeopardizing the financial health of our airline that Mr. Parker will cede to USAPA’s demands for an industry standard contract and DOH. 

It is our sincere hope that the pilots of US Airways will recognize this as an act of desperation on the part of Mr. Cleary and ignore this dangerous call to arms.

As we have previously blogged, the line between politics and safety should never be blurred. A cornerstone of our former bargaining agent was placing safety above all else. Issues involving safety were always sacrosanct and never used for political gain. This contrasts with USAPA that lists safety as its fifth objective. 

The reality is, illegal job actions do not work. Our objective should be to negotiate with a healthy company and use the threat of a legal strike to obtain fair advancements at the negotiating table. Unfortunately, with the continued alienation of the west pilots, achieving the necessary unity to stage a legal job action will never be possible under USAPA. 

TheEye believes that it is time for US Airways management to once and for all stand up to Mr. Cleary and quash his mission to destroy our airline. We’ve worked too hard and have given up too much to ensure the success of US Airways. The so called “neutral” card played by Mr. Parker’s management team is enabling USAPA and jeopardizing the the future of our airline. 

Mr. Parker, the ball is in your court. 

Three years ago today the USAPA experiment was certified. Since then the US Airways pilots still lag their industry peers in almost every contractual metric. 

There is no end in sight. 

USAPA is a total failure and hasn’t delivered on one single campaign promise. 

It’s a failed organization that has evolved to be nothing more than a gang of thugs wasting millions of dollars chasing imagined conspiracies. At the top sits a delusional officer corps enabled by an incompetent and revengeful governing body. 

Those who dissent face swift charges and onerous legal consequences.

During this time US Airways management purportedly took a laissez-faire approach as the civl war created by USAPA afforded a significant labor cost advantage.  But after years of enabling, management now finds itself in the crosshairs. USAPA is now engaged in a campaign to frighten the traveling public. They’ve trumped up bogus safety concerns and even warned would be passengers that it’s unsafe to use a credit card to buy a ticket on our airline. 

Since USAPA hasn’t accomplished anything since its inception, it now believes that we are better off standing in the unemployment line than flying for a viable airline. 

Maybe now that management finds itself on the receiving end, it will finally end its “aw-shucks” neutral stance and stand up to the bully?

We the US Airways pilots deserve a better union. 

It’s time to work together and find a new way forward. 

We get it! There has been an alleged data breach by US Airways management. To this date, there has been no evidence that any of the breached data has been used for nefarious reasons. We do agree that identity theft is a huge issue and one can never be too vigilant. Recovering from a stolen identity is a time consuming and arduous task that often times takes years to rectify. But again, there has been no evidence to suggest that even one US Airways pilot has been victimized by the Company’s alleged breach. 

Why then is USAPA so singularly focused on this one issue? 

Easy answer! 

With its third anniversary quickly approaching, Mr. Cleary cannot name one single positive accomplishment of USAPA. Our Union is a model of failure that has done more harm to the collective US Airways pilots than any other single entity. 

It is abundantly clear that Mr. Cleary is using the alleged data breach as a distraction. The letter penned by US Airways Executive VP Steve Johnson gave Mr. Cleary and the BPR the perfect vehicle to divert the attention of a tired and hungry membership. We have talked to a USAPA insider and have confirmed that the Cleary strategy is to milk every last ounce he can from this issue. The problem for Mr. Cleary and the BPR is that they have run out of time. 

The third anniversary of this failed experiment is a fast approaching juggernaut that cannot be ignored. USAPA’s new role as the identity theft police of the US Airways pilots does nothing to move our group forward. 

The patience of our pilot group has run its course. We must now question USAPA’s future on our property. 

When we voted to leave ALPA three years ago, it seemed plausible that we could break the seniority impasse and bring economic gains to all US Airways pilots. Mr. Seham and Mr. Bradford made it sound so easy and logical that casting a vote for USAPA was a no-brainer. Little could we predict that three years later an all out war with our west brothers and sisters would be raging out of control and progress at the negotiating table would be non-existent. 

Looking back, voting out ALPA was an emotional knee jerk reaction to a seniority list that most of us perceived to be grossly unfair. It was the straw that broke the proverbial “camels back” after years of out of control concessions. 

It was a decision many of us most definitely regret. 

TheEye believes that we will all need to make a choice regarding our representational structure in the very near future. Do we return to the worlds largest pilot union, a truckers union with an airline division or stay the course with a failed USAPA? 

Unless we take control of our destiny, it appears that Mr. Cleary and the BPR will merge USAPA with the Teamsters. Except for admitting once and for all that USAPA is a total failure, this may not be the best direction for our pilots. Many regard ALPA as the only solution to our situation. There is also a minority of staunch USAPA supporters who have the singular goal of keeping the Nicolau Award on the shelf regardless of cost. 

TheEye believes that it is no longer possible to reform USAPA from within. The Constitution and By Laws were explicitly written to suppress the minority and provide unlimited powers to those at the top. No one, and we mean no one, is safe from the USAPA hammer. Did you know that the CLT representatives recently called for charges against founders Steve Bradford and Mark King for publicly criticizing the current leadership?

If USAPA seems out of control, it is. 

We the pilots have the power to take back control of our destiny. A signed card and an NMB vote may just be the solution we’ve all been looking for. 

In response to last week’s letter to Doug Parker from USAPA President Mike Cleary, US Airways management purchased one year subscriptions to the LifeLock identify theft prevention service for those of us on the east. Although we appreciate the gesture, we must acknowledge that this latest crisis was manufactured by Mr. Cleary in order to distract the membership from the rapidly approaching anniversary marking three years of total failure. 

Recently, TheEye poured over hundreds of official USAPA communications dating back to 2008 and has yet to identify one substantial accomplishment. In other words, except for delaying the implementation of the Nicolau seniority list USAPA has done zilch for the pilots of US Airways. The hundreds of checks written with excessive machismo over the past three years are as worthless today as they were then. US Airways management still employs the lowest compensated pilots among all the majors and many regionals. With the projected billions of dollars ceded to US Airways by the ineptitude of USAPA we should be gracious that the Company has reinvested our concessions in the LifeLock corporation. 

As Mr. Cleary embarks on his next legal campaign against our west brothers and sisters, it needs to be revealed that our union is facing a serious budget shortfall. While Mr. Seham enjoys a substantial surplus and can indulge in the latest German automotive marvel, USAPA will have trouble making the payments on its two leased Ford sedans. The prospect of a new legal front must bring tears of joy to the partners of Seham, Seham, Meltz & Petersen. 

This latest hysteria initiated by Mr. Cleary and his propaganda machine is a pathetic attempt to distract the membership from the reality that USAPA is a failed experiment with no future on our property. Most east pilots are starting to acknowledge that other than delaying the implementation of the Nicolau list, USAPA is completely incapable of providing even the most basic of union services. 

As you finish reading the mailing that would probably have gone in the trash absent the meltdown by Mr. Cleary, we need start a dialog on how best to move forward. 

Hint: USAPA in its current form is not the answer. 

Schedule with Safety

Most of us have heard the above motto repeated many times throughout our careers. Every time we report for work we strive to provide the safest and most comfortable product to our passengers. We double check the weather radar, examine the log book with a fine tooth comb, recompute the fuel slip for accuracy, and give the ship a once over just in case. For most of us, our pride and dedication to the profession is inherent. Union politics are left at the jetway door when we step aboard because at that very moment, the lives in our hands take precedence over all else.  

Unfortunately for the pilots of US Airways, the sacred wall separating union politics and safety came crashing down three years ago. 

Most recognize that USAPA has no negotiating leverage. Beyond the glowing reality that it has disenfranchised over 1/3 of the pilots, the remaining majority is splintered into numerous competing factions. Without national oversight, the BPR and its committee chairmen are free to conduct business as they see fit. The C&BL’s and the will of the pilots are guidelines, not absolutes. 

In a gutless attempt to manufacture negotiating leverage, USAPA made a conscious decision to intertwine safety and politics. It started three summers ago with the purchase of a misleading advertisement in the USA Today with the false charge that management forces us to fly with unsafe fuel loads. Other than scaring the general public into booking away from our airline during a time when business was already faltering, the ad campaign was quickly exposed for what it was by a skeptical press corps.

In a continuation of this strategy, the USAPA Safety Committee along with the BPR authorized the expenditure of significant dues money to study safety practices at US Airways. A contract was signed with Dr. Terry L. Von Thaden, PhD of the for profit Illumia Corporation. Under the auspices of Dr. Von Thaden all USAPA members in good standing were invited to participate in the on-line survey. Overall participation was light with nearly half of all respondents coming from pilots based in Charlotte. DCA and PHX had the lowest participation. 

As pointed out by the Company’s response to the study, the survey was designed to elicit responses to pilot emotions regarding contract negotiations and the ongoing seniority dispute. Vice President Safety and Regulatory Compliance Captain Paul Morell  dissected the 12 deficient safety areas revealed by the survey and succinctly refuted each claim as nothing more than political posturing. 

To add insult to injury, the Company’s response rubbed salt in USAPA’s wounds with the  following statement about the obvious lack of unity within the union. “Although West pilots comprise 34% of the overall crewforce, only 14% of the participants were pilots from the West where ties to and allegiance with USAPA are weak.”  

There you have it. The Company lecturing the union on its lack of unity! It’s no wonder USAPA has done nothing for the pilots over the past three years.

Schedule with Safety is more than a motto for most professional airline pilots. We understand the crucial link between customer trust and our ability to bring food home to our families. 

USAPA’s co-mingling of safety and politics is an act of desperation that will bring harm to all US Airways pilots. 

Today we all received a small profit sharing check. Don’t let it be our last. 

If someone told you two years ago that the people of Egypt, Libya, Tunisia, and Yemen would band together to topple their oppressive and dictatorial regimes to force democratic reforms you would probably ask that person just what drug they were smoking. It is positively breathtaking to witness the oppressed transform their craving for freedom into action. 

Concurrently, we watch the embattled dictators of these troubled nations proclaim with psychotic certainty the demise of the so called rebels and the infallibility of their regimes. In times reminiscent of Baghdad Bob, Muammar al-Qaddafi recently boasted to the press that his approval numbers have never been higher and his regime was winning the war. 

In the grand scheme of our existence, the birth of democracy in the Middle East should never share the same papyrus as our struggles living under the USAPA regime. TheEye, however, feels it’s imperative to understand that human beings have an inherent yearning for freedom and upward mobility. 

The recent mudslinging by the east domicile representatives is indicative of a regime teetering on the edge of collapse. The founders of USAPA along with the PHL and DCA reps are firing salvos at the current president and CLT reps. In turn, the CLT reps and president are firing back with absurd claims that they are launching their final attacks on the enemy and victory is around the corner. 

The frustration level has reached its maximum because in three years USAPA has done absolutely nothing for the US Airways pilots. Quasi date-of-hire is no where close to being achieved nor is an industry standard contract. 

In the latest distended rant by the CLT representatives they proclaim “We will not bring you a contract without back pay and parity provisions for our last 5 years of equal work for unequal pay. Management needs to know that the clock is ticking, and every day they delay, our new contract will cost them more money.” 

Unbeknownst to the CLT reps, every day USAPA delays negotiating in earnest with the Company the US Airways pilots are losing millions in lost wages and benefits, not Doug Parker.  

USAPA cannot and will not bring a contract with 5 years of back pay. But then again, this delusional proclamation by the CLT reps is indicative of their overall ignorance. Their rant started with a lecture that the cost of oil is not the problem of the US Airways pilots. Evidently McKee, Crimi, and Ingram didn’t miss their profit sharing checks in 2009 and 2010 when US Airways lost billions due to the rapid rise in the cost of oil.  To them, the cost of oil is Doug Parker’s problem, not the pilots. Tell that to the hundreds of pilots who were sent packing during the worst recession in recent memory. 

Eventually, the US Airways pilots on both coasts will need to find a better way to move forward. The divide and conquer strategy of USAPA is not sustainable. 

USAPA was damaged goods from the first day of its existence. Unions are meant to bring workers together for the greater good. USAPA on the other hand was specifically designed as a bully to overpower a helpless minority. 

Just like in the Middle East, this strategy cannot and will not succeed. Human nature dictates that the minority will never stop fighting their oppressors. 

For as long as the oppressor attempts to stay in power, chaos and disfunction will rule the day. 

Recently, former USAPA President Steve Bradford and his coconspirator Mark King wrote a campaign email endorsing two candidates in the PHL domicile election. They titled their commentary The State of our Union? In short it is dreadful!

We agree, but we have to ask - how could Mr. Cleary and Mr. Mowrey possibly be the problem? Weren’t they elected by a democratic majority vote? In fact, they are only symptoms of the real problem. If Mr. Cleary and Mr. Mowrey are free to disregard the constitution at will, then the problem is the constitution, not the office holders. If the majority was “mistaken” by electing these two individuals, then USAPA’s structure is responsible for the high bar it requires to remove them. Did it ever occur to the authors that their C&BL’s are completely unenforceable and subject to abuse by the BPR and President with no accountability? The reality is Mr. King and Mr. Bradford had a singular focus when they formed USAPA and gave little forethought into the operational realities of a real union.  

USAPA’s problems are systemic and indicative of the inherent design flaws of its core objective. Forming a union that was designed to function as the antipathy of a collective unit was a recipe for disaster from day one. 

Steve Bradford and Mark King are directly responsible for the unavoidable dysfunction that characterizes USAPA. Their new found idealism is void of any credibility and is clearly a product of circumstance, not virtue. They hired Mr. Theuer as their communications chairman and were pleased with his performance when they controlled the message. Now that he’s loyal to Mr. Cleary’s propaganda, they fein outrage. 

We were especially perplexed by their statement regarding the west pilots; “Using idiotic words like traitor and painting any West pilot as the enemy is just plain stupid and shows a basic lack of understanding of the entire concept of a union..In fact, the mere act of not working with the West BPR members as equal members threatens our very charter.”

Wow is all we can exclaim! Remember the RICO suit that was maliciously filed against 24 west pilots in order to intimidate all current and future dissenters? Apparently they suffer from amnesia as the suit was designed and prosecuted by the two of them. Now they want to conceal their sordid past and make us believe they support the interests of the west?  

It is fact that Messrs. Bradford and King are no better than their successors. They cast blame on the former bargaining agent for all their ills because they cannot accept the reality that they created a failed entity with no capacity for long term functionality. 

The mantra of all USAPA supporters is to blame ALPA for all of their misfortunes. Ironically, the only ones mentioning ALPA on a consistent basis are USAPA’s most ardent supporters. 

If we have learned anything over the past three years, USAPA thrives on failure and dysfunction. All but the truly delusional USAPA supporters must admit that this experiment in self rule isn’t working. 

Three years ago, the US Airways pilots followed Mr. Bradford and Mr. King on mission impossible. All the founders were warned by numerous law firms and industry advisors that USAPA could never be a success. Their latest statement is an admission that the experiment is failing miserably. 

One must wonder why they believe the US Airways pilots would ever follow their lead again?

Last week a joint CLT/DCA/PHL Domicile Update addressed to all US Airways pilots was released. To our knowledge only east pilots received the update and the west pilot representatives were not asked to participate. 

Before we get into the specifics of their joint communiqué, we would like to take you back to 1985 and introduce to you Captain Rick Dubinsky. The following except is from Thomas Petzinger, Jr’s industry best seller Hard Landing.

“The pilot leaders at United appointed a longtime 737 pilot named Frederick “Rick” Dubinsky as the strike chairman...Dubinsky and his assistants recruited fully 1,000 pilots as volunteers on the strike committee. Soon they were putting in 10,000 hours a week preparing to strike against b-scales...And everyone received indoctrination in the need for unity...When ALPA put the matter to a vote, 96% of the United pilots authorized a strike. Word came from the ALPA offices in Washington that the United pilots should not worry about financing the strike: the national union would provide all the strike funds necessary, to the point of mortgaging the eight-story ALPA headquarters building on Massachusetts Avenue. 

The union’s massive unity campaign reached its peak on Sunday, May 5, 1985, in a satellite production involving dozens of technicians and weeks of planning - a rally broadcast live to pilot  domiciles in Los Angeles, Denver, San Francisco, Seattle, Cleveland, Miami, New York and Washington from Odeum Expo Center in Chicago. Strike Chairman Dubinsky, his gargantuan image projected on a huge screen over the podium, was like an oracle announcing the end of the earth...”

The 1985 pilot strike prevented long term b-scales at United and put the pilots in the driver seat for years to come. Having 96% support enabled the United pilots to pull off one of the most successful legal work stoppages in airline history. 

Now let’s fast forward 26 years to the release of the joint CLT/DCA/PHL update. In their lame statement the founding reps noted that the US Airways pilots “heroically” chose a new path for their future. When most rational people think of heroic acts, voting in a union that was specifically designed to harm over 1/3 of its membership does not even come close to making the list. Labeling the election of USAPA a heroic act is insulting to the true heros of our world. 

Evidently, these propagandists are not students of history. Captain Dubinsky knew that he needed overwhelming and airtight support to accomplish the United pilot’s goals. He understood coast-to-coast unity was essential for success. 

In their joint update, the five remaining founding representatives vowed to stand together to achieve their stated goal of reaching an industry standard contract and destroying the careers of their west coworkers. Their word choice was peculiar considering USAPA has no intention of reaching a deal with management. Those of us that attended last week’s CLT domicile meeting witnessed our leadership state with straight faces that west participation isn’t needed. In fact, it was insinuated that we would be better off without west involvement! 

We can only assume that these statements were made with a ‘wink wink and a nod’ so the official record would not reflect USAPA’s intent to accept LOA 93 for eternity as payment for permanent separate operations. 

Captain Dubinsky and the true unionists who poured their souls into improving our profession must wince at the mere mention of USAPA. 

Frank Lorenzo must be proud of  Messrs Cleary and Seham. They’ve handed Doug Parker a dream come true. 

Pretzinger Jr, Thomas. Hard Landing. New York: Times Books, 1995. 

TheEye has received reports that the police responded to a call for assistance at USAPA headquarters early this week. It appears the union is covering up the event as there have been no official statements explaining this unusual activity. 

We are very concerned about this latest development in light of Captain Rich Peters widely distributed letter warning of high crime rates in locations under consideration for the new USAPA offices. 

The membership has a right to know why the police were called. The members also have a right to know whether any arrests were made and the identity of such individuals. 

Until the union issues a statement regarding this event, we strongly suggest extra care and vigilance be observed if you must visit the USAPA offices. 

400

This morning, the Supreme Court denied the Addington petition for Certiorari. This means that the 9th Circuit’s ruling on ripeness stands. 

As expected, USAPA issued its tortured legal spin early this morning claiming victory in the case. We also noticed that they rebutted TheEye in the closing paragraph of their update. We appreciate the feedback on the technicality as to whether the Addington case was actually discussed at conference or dismissed without discussion. Unlike Mr. Theuer, we are committed to factual reporting and welcome the correction. 

As we previously predicted, USAPA failed to mention the lawsuit filed by US Airways management seeking a declaratory judgment. Although USAPA is no longer bound by Judge Wake’s injunction, they need a willing partner to break their obligations as specified in the Transition Agreement. Unless given full immunity by Judge Silver, US Airways management will not deviate from the Nicolau as it could expose the corporation to significant financial harm. 

Unfortunately for all of us, a new contract is at least years away, if ever.

USAPA = Dictatorship:

In our last update we reported on the de facto trusteeship of the Phoenix Domicile Representatives following the unilateral suspension of powers by Mr. Cleary. On day two of this week’s BPR meeting, the elected reps affirmed the right of the USAPA president to place individual domicile representatives into trusteeship without due process. It is absolutely astonishing to TheEye that we voted out what we thought was an undemocratic union in favor of a dictatorship masquerading as a line pilot-up type organization.

The next time Mr. Cleary and his full time employee (First Officer Parrella) disagree with your elected reps their power to represent you will be suspended. 

Kim Jong-il and Mahmoud Ahmadinejad would be proud that their governing style has been replicated in the United States. 

Our silence is our tacit approval. 

SCOTUS:

Earlier today the Supreme Court of the United States conferenced to choose which cases they will hear this Spring. As we’ve reported for some time, the likelihood that the Addington case will be on the docket is next to nil. The official decision of the Court will be 1000 - Monday, January 10. 

We suspect that Mr. Cleary and Mr. Theuer are finalizing their USAPA Legal Update declaring victory over the west pilots. 

Although the Addington case will be officially over should the Court choose not to hear the appeal, the seniority dispute will be far from over. 

We would like to remind Mr. Cleary that the lawsuit seeking a declaratory judgment filed by US Airways in District Court has yet to be heard. Although Mr. Seham is confident that the case will be dismissed, our legal resources strenuously disagree. Our sources also opine the likelihood that Judge Silver will grant US Airways management immunity should they accept a non-Nicolau seniority list is next to nil. 

This morning, USAPA issued a misleading legal update regarding the Addington petition for certiorari to the U.S. Supreme Court. Mr. Theuer stated that “conferences over whether to hear petitions for certiorari are routinely held.” That in itself is a true statement. What he intentionally didn’t state was that the percentage of cases that make it to the discuss list for conference is as low as 15%. 

In other words, 85% of all Supreme Court petitions never make it to the conference stage. 

Although it is impossible to predict whether the case will be heard, the USAPA membership has a right to factual legal reporting. Our inside sources have confirmed that the USAPA officers knew about this important development for the better part of a week. Instead of sending out an immediate unbiased update, they charged Mr. Theuer’s propaganda committee with spinning the bad news.

Aren’t you glad you’re spending 1.95% of your hard earned income (the highest dues rate of any independent pilot union) to be so blatantly deceived?

Today, the angry pilots of US Airways east will demonstrate their frustration with the slow pace of contract negotiations. 

In a strange twist of irony, the people that the picketing should actually target will also be walking the picket line. (Assuming, of course, regular line pilots not getting flight pay loss actually show up.)  

As of late, US Airways management has done nearly everything in their power to speed up the negotiating process. Their recent filing in Federal Court seeking a declaratory judgment in the seniority dispute is clear evidence that they are willing to move forward. 

Unfortunately, the incompetent leaders running the show at USAPA falsely believe that the seniority issue has been settled and the blame for a lack of progress at the negotiating table is the fault of both management and the west pilots. Apparently, with membership money oozing out of his wallet, Mr. Seham doesn’t have the heart to advise his clients that they won absolutely nothing at the 9th Circuit. 

Who knows? Maybe he did describe the ripeness technicality to them and they just refuse to believe?  

We agree, not likely. 

So on a cold and wet November day, Mr. Cleary expects that a parade of his angry followers will elicit a public outpouring of support and send back shock waves through the 9th floor in Tempe. 

If you’re thinking he’s delusional, we’re glad you’ve started to notice. 

Mr. Cleary can fast track negotiations but he doesn’t want to. In fact, he has convinced the BPR to authorize Mr. Seham to file every delay motion known to man in order to impede the progress of the Company’s lawsuit. 

For a leadership team who truly believes that they are holding the winning hand, why on Earth would they want to slow down the Company lawsuit? Wouldn’t it behove them to 

file for an expedited trial in order to finally settle Section 22 and close out the contract? 

Mr. Cleary and Mr. Seham know that they will most likely lose the legal effort. The pickets and wasteful press releases only serve to distract and evade the membership. They are the desperate final acts of a regime willing to do anything to remain in power. 

If the US Airways pilots around the world feel they are being rained on today, they are. 

We assure you, today Mr. Cleary is standing high above us all...

ALPA Agrees with USAPA on Non-Nicolau Seniority Option

-USAPA Propaganda rag - The Iron Compass

Of course ALPA never made such a statement. But in his usual dishonest approach to communications, Mr. Theuer is taking license with statements made by ALPA legal in an unrelated brief filed over four months ago. His bold statement about ALPA’s alleged new position stems from a footnote on page 8 of the brief. 

It's an undeniable fact, ALPA never stated that they agree with USAPA on a non-Nicolau seniority option. 

On the contrary, during the NMB election ALPA was very vocal that they believed the quickest route to full Nicolau implementation was through the election of USAPA. One only needs to search YouTube to replay the numerous ALPA produced videos warning of such a future. 

We would like to know why a footnote of a brief filed early last summer is headlining USAPA’s latest communication? Didn’t USAPA state that seniority has been settled now that the 9th has ruled in their favor? 

The other undeniable fact is that the 9th never ruled in USAPA’s favor on the merits of the case, only on the ripeness of the plaintiff's claim. Because the 9th only ruled on ripeness, US Airways management filed a lawsuit seeking direction from the court as to their liability in regards to negotiating seniority. In other words, they will stick steadfast to the Nicolau Award unless they receive complete immunity from future litigation. USAPA knows that the likelihood of this happening is slightly north of zero. 

Knowing that the options for end-running the Nicolau Award are all but exhausted, Mr. Cleary and his propaganda arm have broken new ground in the lengths they are willing to go in order to keep their loyalists in line. 

As long as we are fighting this losing battle against our west brothers and sisters, we will remain the lowest paid and most overworked pilots in the industry. 

There is no way to spin this undeniable reality.  

They now call themselves the “Angry US Airways Pilots.” We want to know what happened to the promise of a more professional union that could get us a contract in a few months time? 

Now Mr. Cleary has retreated to just being angry. Well angry isn’t going to cut it. We should expect more from our paid union leaders. 

Did Southwest attain an industry best pay rate through anger?

Did anger help smoothly complete the Delta/Northwest merger?

Did Spirit use anger to obtain their significant contractual gains?

The obvious answer is no. But it is clear that Mr. Cleary has yet to master the obvious. 

ANGER will not get us a contract or move this pilot group forward. 

Only UNITY can do that. 

Have you had enough? 

Obviously not! 

In a slight departure from our usual format, we’ve decided to use this edition of TheEye to bring you the news that USAPA intentionally withholds from the membership. 

The Pension Reform Referendum

The Pension Investigation Committee is asking you to pony up another $45/month to pursue their wild goose chase. After 18 months of finding nothing and hundreds of thousands of dollars spent on a high priced lawyer, the committee is leading you to believe that if you just give a little bit more you will be satisfied with your return on investment. Mind you, this comes from a committee that falsely led us to believe that the United pilots received a PC4 increase and you could receive the same. 

As Captain Doug Mowery stated in his recent letter to us, “Welcome to Vietnam. Time to get out folks. Nothing will come of this and the PIC’s dishonesty on the UAL PC4 issue should alarm everyone.” 

Negotiations

After 2+ years of negotiations NAC Chairman Paul DiOrio can’t even close out Section 29 - Union Security and Check Off. At this glacial pace we are on track to receiving a raise sometime in the next decade. 

As we reported to you in our last update, it is highly likely that Mediator Brown will park negotiations in the very near future. Instead of offering us a clear plan to move forward, First Officer DiOrio continually whines in his updates about the lack of progress at the table. Considering Mr. DiOrio and the other First Officers at the table have zero negotiating experience, should we be surprised by our backwards direction? 

It seems obvious to us that USAPA doesn’t want a contract. They consider our $124/hour a badge of honor. 

Do you?

Contract Education PHX Campaign Stop

With 16 flight pay loss pilots, 1 professional negotiator, 1 overpriced lawyer, and two paid Phoenix Police officers in attendance one would expect to hear about the success of this weeks contract education campaign stop. But not a word was mentioned in USAPA’S propaganda rag - The Iron Compass. We heard about the success of the stops in PHL and DCA, why not PHX? 

We also would like to know why someone felt the need to have an armed security detail present at a contract road show? From our understanding, the event was held in a conference room on the sterile side of the concourse. The Phoenix pilots are our brothers and sisters, not the enemy. 

We find it unconscionable that Mr. Cleary felt it necessary to intimidate our fellow aviators in such an insulting way. 

We were not surprised to learn that virtually no Phoenix pilots attended the event. 

Record Profits

We should all be thrilled to be working for a profitable airline after the last few years of staggering losses. We can think of no better time to negotiate with management for better pay and working conditions. Unfortunately, USAPA doesn’t understand the basic concept of asking for more when times are good. Instead, they may have found a solution to our ever lightening wallets. 

Instead of seeking contractual gains, Mr. Cleary appointed an ad-hoc committee to review the profit sharing distribution methodology. The committee, comprised of all east pilots, is considering a plan that would use the profit sharing money to compensate those of us on the east for our lack of parity with the west. This is a marked departure from the established per-capita distribution agreed to by both ALPA MECs. 

We consider withholding any monies from the west pilots as theft. 

Silver 

In overly enthusiastic legal update, USAPA rejoiced in the Addington plaintiff’s failure to have the Company’s Declaratory Judgment case transferred to Judge Wake. It is of our opinion that the transfer denial was an inconsequential legal event. 

The DJ case will stand or fail on its own merits. Both Judges Wake and Silver are highly respected federal presidential appointees whom adjudicate their cases with the utmost professionalism. 

______________________________________________________________________

“The talks between the union and American just passed their four-year anniversary. Although the pace has picked up this year with a number of agreements on sections of the contract, the two sides haven't gotten to most of the substantive issues. 

I also want to make you aware that the National Mediation Board NMB has indicated it may place our mediated talks in 'recess' for an indefinite period of time due to the lack of progress in our negotiations. 

While this may or may not affect negotiations for the short term, without the NMB's involvement, there can be no release to self-help. That's the law and that's the system we have to live with.”

Allied Pilots Association President Dave Bates

“Mr DiOrio - I assume we are still looking at an NMB release to a 30 day cooling off period in the next month or so?” 

CLT Domicile Chairman Bill McKee 

In over four years of negotiations, the American Airlines pilots expect to be parked by the NMB for a lack of progress at the table. Yet, for some reason, USAPA Charlotte Domicile Chairman Bill McKee believes that a release for self help is possible in the next 30 days. This is one of the clearest examples yet of the delusion and naivety permeating our USAPA leadership. The fact that some believe a self help opportunity is on the horizon demonstrates the utter incompetency plaguing our union. 

The most likely scenario in the coming months is a trip to the NMB parking lot. The lack of progress beyond non-economic sections coupled with the abrupt departure of the west NAC member leads us to believe that we will be parked sooner rather than later. 

This means that we will be working under the bankruptcy era wages of LOA 93 for years to come. For most of us, that means we will retire under the longest living concessionary contract in aviation history. The fault for this is ours alone. 

Just so we’re clear on how little money we think we’re worth, let’s look at our industry peers:

12 Year Captain Pay A320-737:

Southwest = $206/hr

Alaska = $175/hr

Delta = $168/hr

American = $166/hr

Hawaiian = $157/hr (B717)

US Airways = $124

US Airways management enjoys some of the lowest pilot costs in the industry. The good news for Mr. Parker is he can count on this advantage for years to come. 

He is absolutely elated with the job performance of USAPA President Mike Cleary.

Are you? 

“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.