Print

Leonidas Update February 18, 2014

on .

As a reminder, there is a Meet and Greet Thursday, February 20th, at 10AM, at the Crowne Plaza Hotel located at the corner of 44th St. and Washington. FREE PARKING, just let them know on the way in that you are with Leonidas. In addition to Marty, Andy and Jen, Jeff Freund will be on hand to answer your questions. Spouses are welcome to attend. 

See you there! 

Sincerely, 

Leonidas, LLC 

Print

Leonidas Update February 10, 2014

on .

Perseverance, Unity, Courage 

These are the principles which have guided the former America West pilots over the last six years, and the developments of recent weeks have shown that we are more united and determined than ever as we enter the final phase of the East/West seniority dispute. 

On Friday, February 7th, the Company filed a “Motion to Correct Court’s Judgment Pursuant to Federal Rule of Civil Procedure 60(a) and to modify Court’s order pursuant to Rule 52(b) and 59(e).” You can read the Rule 60 motion here. This motion asks Judge Silver to: 

1. “describe the class to be bound by the judgment” and 

2. “to remove Footnote 15 so that the Order cannot be construed to prohibit the Allied Pilots Association (“APA”) – after it has been certified as the single collective bargaining representative for all of the US Airways/American pilots – from creating and delegating authority to separate merger committees to represent the disparate seniority interests of the pre-merger US Airways and pre-merger American pilots” 

In the first part, the Company contends that procedural rules require that the judgment in a class action should “...describe the members of the class.” According to the Company, Judge Silver’s order does not comply with this requirement, because it does not “include and describe those whom the court finds to be class members” and that there is nothing in the Judgment indicating that this case is a class action. Therefore, the Company is asking Judge Silver to describe the West Class using the same definition in the Court’s September 18, 2013 Order granting class certification (Doc. 194). 

In the second part, the Company is asking Judge Silver to remove Footnote 15 which states:“The MOU contemplates the need for arbitration but also requires the post-merger carrier remain neutral. Under the Court’s reading of McCaskill-Bond, there will be no need for arbitration because, based on explicit language in the MOU, prior to the arbitration, there will have been an election and there will be only one certified representative for all pilots. Simply put, with the carrier having promised neutrality, there will not be two parties to go to arbitration.” 

According to the Company, “if the US Airways/American pilots seniority-integration process is not completed before the National Mediation Board certifies the APA as the single collective bargaining representative for all of the post-merger (US Airways and American) pilots, the Court’s Order instructs that US Airways/American and the APA will both be responsible for ensuring that the pilot seniority lists are integrated in a lawful manner and in accordance with a lawful procedure. In order to avoid potential confusion, to provide maximum flexibility to resolve the seniority-integration dispute in a manner consistent with McCaskill-Bond and the APA’s ‘duty of fair representation to all employees’, including by means of an arbitration between merger committees, and to reduce the possibility of future legal challenges to the integrated seniority list that ultimately is generated, US Airways respectfully requests that the Court delete Footnote 15 in its Order – a footnote which is not essential to the Court’s holding regarding the status of the West Pilots in the McCaskill-Bond process.” 

Print

Leonidas Update January 10, 2014

on .

This afternoon Judge Roslyn Silver issued her decision in our law suit against USAPA. You can read the order here. We highly encourage all pilots to read the 22 page order in its entirety. Unfortunately, the Court did not grant us the relief requested, but the Court did find the following: 

- Our DFR question is difficult to answer without a final seniority regime to compare against the Nicolau; 

- Only a bargaining agent can participate in the McCaskill-Bond process; 

- Judge Silver has serious doubts whether USAPA will fairly and adequately represent the West; 

- Judge Silver ruled that USAPA will not be allowed to participate in the seniority integration proceedings once the NMB certifies the APA as the exclusive bargaining agent. 

We will provide a more detailed update after we have more thoroughly analyzed today's order. This has been and continues to be quite the Odyssey for all US Airways pilots. The West is still here because of your unwavering support. We will close by saying this: the seniority dispute is far from over. 

Take care and fly safe. 

Sincerely, 

Leonidas, LLC 

Print

Leonidas Update January 24, 2014

on .

The attorneys for the West Class and Leonidas LLC have spent the last two weeks reviewing Judge Silver’s decision. While we do not agree with her decision for the reasons stated in our numerous briefings and during trial, we are left to work with her decision while any appeal winds its way through the system. 

What does Judge Silver’s ruling on McCaskill-Bond mean for the West Pilots, East Pilots and USAPA? 

It is important to note that McCaskill-Bond is a new federal statute that has not been reviewed by any courts (other than now Judge Silver). As we have been for much of our struggle against USAPA, we are once again on the legal vanguard. We must stress that although we did not obtain the relief we requested on McCaskill-Bond, we do not believe that Judge Silver’s ruling forecloses the West Pilots participation in the McCaskill-Bond seniority integration process. Although Judge Silver ruled that the West pilots don’t have the right to participate in the McCaskill-Bond process, she did not rule that West Pilots could not participate; rather she determined that it is up to the collective bargaining agent to determine what groups of employees must participate in the process in order to make it fair and equitable. Conversely, Judge Silver unequivocally held that USAPA cannot participate once it is no longer the certified bargaining agent. 

Judge Silver called USAPA’s victory on McCakill-Bond “Pyrrhic” because USAPA, once again driven by its single-minded need to oppress West Pilots, has been the mastermind of its own march towards irrelevance. USAPA took the position that only the certified bargaining agent can determine who can participate in McCaskill-Bond in an effort to prevent West participation. Once again, USAPA did not think through its legal strategy because Judge Silver’s acceptance of that argument means that once USAPA ceases to be a collective bargaining agent it cannot participate in McCakill-Bond or seniority integration. Judge Silver was unequivocal on this point: “when USAPA is no longer the certified representative, it must immediately stop participating in the seniority integration.” Doc. 298 at pg. 21:11-12. We will enforce the Court’s ruling that USAPA cannot be involved in seniority integration at the earliest practicable date. 

Print

Leonidas Update December 17, 2013

on .

As we continue to wait for the results of the Addington II trial, the West Pilot legal team continues to stay busy working to protect your rights. The final pleadings to the case record were submitted on November 6th, and there were numerous post-trial Motions that required briefs to be filed, including those pleadings regarding USAPA and Airways’ Motions for Summary Judgment. All of these relevant filings can be found on the public access Leonidas Web site at cactuspilot.com