Yesterday, attorneys for the West pilots filed a Motion to Dismiss Leonidas, LLC from USAPA's civil action in North Carolina. You can read the motion here. The purpose of the motion to dismiss is to ask the court to decide that the claim which USAPA filed against Leonidas, even if true as USAPA has alleged, is not one upon which the law offers a remedy.
With any motion to dismiss, there are several possibilities why the law cannot provide a remedy. Here, the West attorneys are arguing that: (1) the court lacks jurisdiction over Leonidas; and (2) that USAPA's complaint fails to show that USAPA is entitled to any sort of relief from Leonidas. Recall that last week the West attorneys removed USAPA's suit from North Carolina's state trial court to the Federal District Court, and shortly thereafter the case was assigned to a federal judge - the Honorable Robert J. Conrad. The effect of the removal was to take the entire case that USAPA originated in the state court, and transplant it to the federal court. USAPA's case now belongs entirely to Judge Conrad, and it is he who will adjudicate this Motion to Dismiss Leonidas, LLC, as well as USAPA's complaint and all other motions in the case. We do anticipate that USAPA will attempt to have their case remanded back to the state court, but again the decision to remand or not would belong to Judge Conrad.
The issue of dues disgorgement is not an East-West issue; we all were forced under an Agency Shop to pay union dues. Those dues were obviously to be used for collective bargaining purposes. It is both nonsensical and illegal for USAPA to retain and continue to spend the millions of dollars in our dues money when it no longer has any collective bargaining status. Contrary to what USAPA implied in its suit, dues disgorgement is not a seniority issue. Rather, it is about getting our money back - East and West alike.
Remember to mark your calendars for the Meet and Greet on November 3rd, 3PM-6PM at the Crowne Plaza on 44th St. and Washington. Attorneys Jeff Freund, Marty Harper and Kelly Flood will be on hand to answer your questions. As always, spouses or significant others are welcome to attend.
That is all for now. Thank you for your unwavering support .