UPDATE:
Plaintiffs file Petition for Review with the
United States Supreme Court

Plaintiffs filed a Petition, as of Feb. 18, 2010, asking the United States Supreme Court to review the Court of Appeals' decision in the case. The Company and Union have until May 28, 2010 to file and serve their Responses. (Each also has the option of waiving the right to file a response.)

While the US Supreme Court takes very, very few cases for review, we believe that the case is a worthy candidate for review because it poses very fundamental questions:

Do property rights under a collective bargaining agreement vest in employees or only in their union? If a company violates employees' rights under a federal statute, do employees have standing to sue in court to redress those violations? Alternatively, does their union alone have the right to bring suit in United States courts? Can it, by choosing not to sue, forfeit its members' rights to pay and benefits? Can the union waive the rights of retirees?

The case also asks fundamental questions concerning the "contract" between a union and its members: Is the Union Constitution — which has long been said to embody that contract — really enforceable? Or, is the right to enforce it only illusory? Is there really only one instance in which employees have recourse against their union — where it can be shown to have "acted so far outside a wide range of reasonableness as to have been totally irrational"? In other words, is the Union Constitution a dead letter?

The Courts below effectively held that employees have no contract rights — either against their employer or their union — and no business being in United States courts.

The sole question before the Supreme Court on plaintiffs' Petition for Certiorari is whether these issues are worthy of its attention. While we think the answer is an unqualified "Yes," we would encourage those of you who participate in social media to debate the issue among yourselves.

Visit www.WeWantOurMoneyBack.net to download the Petition in PDF format.


If You are a Pilot, Flight Attendant, Mechanic
or Union Member of Any Kind …
Read This!

You may find that you don't have rights you thought you had. Rights that American citizens are supposed to have. We thought we were protected by the Railway Labor Act. We also thought we had a contract with our Union. It now appears our union can unilaterally set our constitution aside and waive our rights against our employer.

WHAT HAPPENED

In 2003, American Airlines negotiated with our union OUTSIDE of the Railway Labor Act that required "Section 6" procedures. Our union, the Association of Professional Flight Attendants, then submitted the tentative agreement it reached to a ratification vote that violated the union's constitution. When the membership voted "NO," the Company and Union extended the vote, and the vote miraculously became "YES" A day later, newspapers reported that the Company was giving multi-million dollar bankruptcy-protected bonuses to its executives.

Flight Attendants filed suit. It took 5 years before the case was heard. When it was, the federal court dealt employees a stunning blow. It ruled that employees who are members of a union cannot sue their employer under the Railway Labor Act. Only their union can. Since the Union had not sued the employer but was supporting it, our case was dismissed.

An Appeal was filed. Late this September, the Appellate Court agreed that only the union could sue; the employees could not. Indeed, the Appellate Court suggested that the same was also true of employees in industries covered by the National Labor Relations Act.

So, you thought your union was only your collective bargaining agent? Think again. It may also be the only one who can go into court for you to require your employer to live up to its obligations. If it alone has that right, and chooses not to hold the employer accountable, your rights, wages and benefits may be waived.

The only direct recourse you will have under those circumstances will be against your union, and if you're in an industry covered by the RLA, your rights against it will be minimal. Merely proving that it violated your Constitution will not get you anywhere because, according to the Appellate Court, any rights you had under state contract law have been eclipsed.

WHAT YOU CAN DO ABOUT ALL THIS

Help us take the case to the Supreme Court and ask it to review these rulings!

  • Read the Petition via the Button to the right .
  • Make a CONFIDENTIAL donation of any size by November 15, 2009 ($ 75 is recommended) through PayPal or send a check made out to:
  • We Want Our Money Back
    2222 Michelson Drive, Suite 322,
    Irvine, CA 92612-1332.
  • Copy and distribute this flyer (by email, for instance) to friends, co-workers, relatives and colleagues. (But not on company time or property.) Remember: The fate of your rights as an employee and union member is in your hands.

If you have questions, they may be answered by our "FAQ's."