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.