Braid wrote, "Look, they said it again. 'Call often to stay informed.' Reach out and call from every pay phone you see . . . They said to call."
Thanks to the work of the lawyers representing pilots from the old America West, Patrick Van Zanen and Mike Kitchen of Margrave Celmins, the federal judge in North Carolina quickly dismissed the RICO suit just two months after it was filed.
Jamie Peachey
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Even if what the union alleged were true, wrote U.S. District Judge Martin Reidinger, the claims simply didn't rise to the level of extortion — or an organized conspiracy.
"There is no basis for finding the threat of continued criminal activity that is necessary to establish a 'pattern of racketeering activity' in this case," he wrote.
The union is appealing. It could also re-file some less-serious claims — prank calls, jamming the toll-free line — in state court.
"We're just asking these guys to come forward and pay what they owe" in union dues, says Gentilly. "And if they throw in a little for court costs, and promise not to do it again, that would be it.
"We've asked that, but I don't believe there were any takers."
The West pilots are now trying to figure out their options. Can they somehow get out from under USAPA and get real labor representation? Could they somehow force US Airways to accept the Nicolau award?
It's not a great situation. Gas prices have sent the airlines into yet another tailspin, and pilots are being furloughed again. Without a seniority list, the America West crew is facing the brunt of the cuts. Many furloughed pilots from US Airways were brought back to work while the economy was good, but now it's the newest pilots — America West guys — who are considered to have the lowest seniority and who are being laid off.
Really, both East and West pilots have been hurt by the impasse. Forget the anger, forget legal fees — it affects every pilot at US Airways that they can't begin to negotiate a new contract until they have a seniority list.
That hurts the West pilots, who were due to start working on a new contract more than two years ago. But, even more than that, it hurts the East pilots.
They agreed to their last contract while they were in bankruptcy. Analysts say the contract is one of the worst in the airline industry.
But until they hash out their union problems, they simply can't begin negotiating with US Airways brass.
These guys could have had raises three years ago," says Mann, the airline consultant. "They would have, overall, benefited from an integrated list." He adds, "You can cut off your nose to spite your face so badly that no amount of Botox can fix it."
There may be good reason that US Airways hasn't forced the two warring sides to the table. "From the company's perspective, it saves them money every month this goes on," Mann notes. It's the pilots who are suffering.
Pilot CJ Szmal agrees.
"This shows how bad it can get when pilots start fighting other pilots," he says. "I'm just floored that we are in this mess. And I don't see any end in sight."
