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Leonidas Update May 24, 2015

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Few would argue that history lessons are necessary when it comes to the difficult and oft times abusive merger history of America West Airlines. For over 8 years, USAPA has attempted to denigrate the result of the fair arbitration process which produced the Nicolau Award. During that time, the East pilots running USAPA have done nothing to advance US Airways Pilots’ collective interests. 

 

Fortunately, the merger of American Airlines and US Airways has released all US Airways pilots from the bonds of this deranged autocracy known as USAPA, whose actions while the certified bargaining agent prove that its sole purpose was to undo the Nicolau; the collective bargaining interests of all US Airways pilots be damned. 

 

While September 16, 2014 and January 9, 2015 are red-letter days in the arduous East/West history, there is still work to be accomplished. As we all know, the former bargaining agent (FBA) USAPA, through the East Pilot merger committee, has plans to continue its siege on the arbitral process by denying the fact that US Airways pilots have already been integrated via a fair process. Through recent legal pleadings, the FBA claims that it still represents all US Airways pilots during the coming seniority arbitration of the American Airlines and US Airways pilots despite the January 9, 2015 arbitration decision to the contrary. The former America West pilots have been recognized and awarded separate representation by the Allied Pilots Association during the negotiation and arbitration process set to commence next month. 

 

The immediate assistance of all former America West pilots is necessary (regardless of what USAPA asserts as your membership status in the FBA) to inform those running the FBA that West Pilots do not recognize either USAPA or the East Pilot Merger Committee as the West Pilots’ representative in any capacity, other than what remains to recover each US Airways pilots’ individual share of dues and assessment monies held in trust by the officers of the FBA. 

 

Please read the following memorandum (Memo: All Former America West Pilots), and follow the instructions provided within. Time is of the essence regarding this request as the arbitration hearings begin in late June 2015. 

 

Thank you for your prompt attention. 

 

Sincerely, 

 

 

Leonidas, LLC 

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Leonidas Update May 05, 2015

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Since our March 30, 2015 update there have been numerous briefs filed in the United States District Court Western District of North Carolina regarding the Velez and LMRDA lawsuits. If you didn’t have the opportunity to read the prior update, please click here. The March 30th update has many of the previous Court Pleadings linked, and it will help to bring the latest round of briefs into sharper focus. 

 

Several Pleadings were recently filed in the LMRDA case by Defendants Gary Hummel and 8 other defendants sued in their individual capacity. (The remaining defendants appear to have been evading service, but are no doubt aware of the suit, as Footnote 1 in our recent brief states. This delay tactic by the mostly BPR defendants should not delay this case from proceeding.) A Motion to Vacate (Doc 22-1) was filed on April 15 , 2015, and a Memorandum of Opposition to West Plaintiff’s Motion for Temporary Restraining Order (Doc 24) was filed on April 20, 2015. These filings by the leaders of USAPA attempt to reframe the original complaint filed by West Plaintiffs Bill Tracey, Simon Parrott, and Eddie Bollmeier by mischaracterizing the issues as one against the former bargaining agent (FBA) USAPA instead of the individual fiduciaries. As quoted in Plaintiffs’ combined Opposition and Reply pleading (Doc 35) filed on May 4, 2015, 

 

Plaintiffs are masters of their own Complaint and, contrary to Defendants’ misleading assertions, mischaracterizations and implications, their Complaint seeks nothing of the sort. Rather, Plaintiffs seek only to enforce those rights afforded union members under Title V of the LMRDA, namely the right to hold union officers personally liable for breaching their fiduciary duty to the Union’s members by expending Union funds—derived exclusively from dues payments by union members—in contravention of the plain terms of a Union’s constitution and bylaws and under circumstances where their expenditure of those funds advances their personal interests, rather than holding those funds for the benefit of the Union for ultimate dispersal to all of the Union’s members as expressly provided for by USAPA’s Constitution.

 

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Leonidas Update March 30, 2015

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Today, as the former bargaining agent (FBA) conducted a BPR meeting in CLT, one topic likely discussed was the LMRDA lawsuit filed against current/former National officers and various BPR reps. These defendants were sued as individuals, meaning, each individual was sent a copy of the complaint and was asked to acknowledge receipt of said complaint. This is what is known in any suit as “service of process,” and doing it via certified mail is the method most preferred by the courts because it saves time and expense. To date, most of the individual defendants responded via this method but there were a few holdouts. Of course, the law provides for such contingencies and service of process can be affected in a number of different ways, including being served personally by what is known as a “process server.” The remaining defendants will be served soon. 

 

The crux of the LMRDA suit is over the duty of the officers to wrap up the business of the former bargaining agent and disgorge the dues collected from pilots when it was the certified collective bargaining agent – a function that USAPA cannot fulfill by law any longer. 

 

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America West Merger Committee Update April 10, 2015

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Your West Merger Committee has been busy at work over the past several weeks working diligently on the following tasks:

1. Procuring employment and seniority data. Pursuant to the terms of the Protocol Agreement, once the West Merger Committee was officially granted party status by the Preliminary Arbitration panel, we were entitled to all seniority data that the company had provided the other committees, as well as all of the seniority data that the other committees have exchanged between themselves to date. The other parties have made the required disclosures, and the amount of information was quite voluminous.

2. Producing a certified seniority list. Each committee is required to produce a certified seniority list of the pilots it represents, and each certified list will serve as the basis of that committee's seniority integration proposal. The Protocol Agreement requires that [t]he certified seniority lists will reflect the status quo of the three seniority lists in effect at the carriers on December 9, 2013 (i.e., American, US Airways (East), US Airways (West)); provided, that "this will be without prejudice to any Merger Committee's position on the appropriate snapshot or constructive notice date. What this means, simply, is that the parties have agreed upon a baseline date for the seniority data for purposes of uniformity, but that baseline date in no way requires or foreshadows any particular sort of integration methodology. Seniority list certification involves manually comparing the various sets of employment data, both past and present, to ensure its accuracy. At the time of this update, the list certification process is nearly completed, and it is anticipated that the parties will be able to exchange certified lists shortly.

 

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Leonidas Update March 06, 2015

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Many events have occurred over the past year with regard to the MOU, JCBA, and USAPA (Former Bargaining Agent - FBA) being decertified on September 16, 2014. That was a good day for PHX based pilots. 

 

West pilots are no longer under the tyranny of a hostile union that was created to disenfranchise a minority group within the union. Since September 16th, when the NMB de-certified the FBA, attempts were made to resolve the misuse of dues monies and its refusal to dissolve and disburse excess dues. After the first demand letter was issued to the FBA Officers, the new FBA, operating as private unincorporated nonprofit organization, decided to file a Declaratory Judgment lawsuit against Velez and Leonidas. Here is the latest filing with regard to this case, our response against FBA’s request for motion to amend. (here) We will continue to handle this as needed to resolve the legal action in NC against Velez and Leonidas.