Headway

114 Fifth Ave 2nd Floor

New York, NY 10011

NPI: 1235600834

EIN: 832675429

INVOICE

Client Provider Issue Date

Eugenio Vargas Brandon VanSchaick 2023-09-20

Date of Service CPT CPT Modifiers CPT Description DX Amount Payment Status

2023-09-18 90832 GT

90832:

Psychotherapy, 30

minutes (16-37

minutes)

F41.1 10.58

PatientPaymen

tStatus.NOT_C

HARGED

APPENDIX 354

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 1 of 41 PageID 7032
8/21/23, 3:54 PM Account Activity | Alight Smart-Choice Accounts

https://smart-choice.wealthcareportal.com/Page/AccountActivity2?accountId=626976 

($23.01) Health Savings Account

Posted

CardHEADWAY

Jul 28, 2023

Date Of Service Jul 28, 2023DescriptionClaimant Eugenio VargasAccount Health Savings AccountPlan Start Date Jan 1, 2019Plan End Date Dec 31, 2099Merchant NameTotal $23.01Total Approved ($23.01)Ineligible Amount $0.00Ineligible ReasonPayment DetailsTotal $23.01Posted $23.01Ineligible $0.00Remaining Balance Due $0.00Approved $23.01

HEADWAYHEADWAY

RECEIPTSNo receipts to display.

A

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 2 of 41 PageID 70
8/21/23, 3:54 PM Account Activity | Alight Smart-Choice Accounts

https://smart-choice.wealthcareportal.com/Page/AccountActivity2?accountId=626976 

($76.58) Health Savings Account

Posted

CardHEADWAY

Jun 27, 2023

Date Of Service Jun 27, 2023DescriptionClaimant Eugenio VargasAccount Health Savings AccountPlan Start Date Jan 1, 2019Plan End Date Dec 31, 2099Merchant NameTotal $76.58Total Approved ($76.58)Ineligible Amount $0.00Ineligible ReasonPayment DetailsTotal $76.58Posted $76.58Ineligible $0.00Remaining Balance Due $0.00Approved $76.58

HEADWAYHEADWAY

RECEIPTSNo receipts to display.

A

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 3 of 41 PageID 70
8/21/23, 3:56 PM Account Activity | Alight Smart-Choice Accounts

https://smart-choice.wealthcareportal.com/Page/AccountActivity2?accountId=626976 

($92.04) Health Savings Account

Posted

CardSQ *ALLIANCE CHILD &F

May 5, 2023

Date Of Service May 5, 2023DescriptionClaimant Eugenio VargasAccount Health Savings AccountPlan Start Date Jan 1, 2019Plan End Date Dec 31, 2099Merchant NameTotal $92.04Total Approved ($92.04)Ineligible Amount $0.00Ineligible ReasonPayment DetailsTotal $92.04Posted $92.04Ineligible $0.00Remaining Balance Due $0.00Approved $92.04

SQ *ALLIANCE CHILD & FSQ *ALLIANCE CHILD & F

RECEIPTSNo receipts to display.

A

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 4 of 41 PageID 70
8/21/23, 3:55 PM Account Activity | Alight Smart-Choice Accounts

https://smart-choice.wealthcareportal.com/Page/AccountActivity2?accountId=626976 

($92.04) Health Savings Account

Posted

CardSQ *ALLIANCE CHILD &F

May 16, 2023

Date Of Service May 16, 2023DescriptionClaimant Eugenio VargasAccount Health Savings AccountPlan Start Date Jan 1, 2019Plan End Date Dec 31, 2099Merchant NameTotal $92.04Total Approved ($92.04)Ineligible Amount $0.00Ineligible ReasonPayment DetailsTotal $92.04Posted $92.04Ineligible $0.00Remaining Balance Due $0.00Approved $92.04

SQ *ALLIANCE CHILD & FSQ *ALLIANCE CHILD & F

RECEIPTSNo receipts to display.

A

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 5 of 41 PageID 70
8/21/23, 3:55 PM Account Activity | Alight Smart-Choice Accounts

https://smart-choice.wealthcareportal.com/Page/AccountActivity2?accountId=626976 

($12.35) Health Savings Account

Posted

CardSQ *ALLIANCE CHILD &F

May 31, 2023

Date Of Service May 31, 2023DescriptionClaimant Eugenio VargasAccount Health Savings AccountPlan Start Date Jan 1, 2019Plan End Date Dec 31, 2099Merchant NameTotal $12.35Total Approved ($12.35)Ineligible Amount $0.00Ineligible ReasonPayment DetailsTotal $12.35Posted $12.35Ineligible $0.00Remaining Balance Due $0.00Approved $12.35

SQ *ALLIANCE CHILD & FSQ *ALLIANCE CHILD & F

RECEIPTSNo receipts to display.

A

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 6 of 41 PageID 70
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Invoice 4030 Page 1 of 1 APPENDIX 360

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 7 of 41 PageID 7038
APPENDIX 361

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APPENDIX 362

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APPENDIX 363

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APPENDIX 364

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APPENDIX 365

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APPENDIX 366

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APPENDIX 367

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APPENDIX 368

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APPENDIX 369

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APPENDIX 370

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APPENDIX 371

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 18 of 41 PageID 7049
NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION

AAdvantage® Aviator® Red Mastercard® Statement

EUGENIO VARGAS | Account Ending 6642 | Statement Period 08/17/21-09/16/21 Page 1 of 6

Barclays

P.O. Box 60517

City of Industry, CA 91716-0517

EUGENIO VARGAS

§§§§§§§§§§§§ööôòððððððððððððððððð

Make check payable to Barclays. Allow 7-10 days for USPS delivery.

Statement Balance as of 09/16/21: (account ending 6642) $0.00

Minimum Payment Due: $0.00

Payment Due Date: 10/13/21

Ways to pay: AviatorMastercard.com Barclays Mobile App 866-928-3075

------ manifest line ---------

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1 11

APPENDIX 372

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 19 of 41 PageID 7050
EUGENIO VARGAS | Account Ending 6642 | Statement Period 08/17/21-09/16/21 Page 2 of 6

AAdvantage® Aviator® Red Mastercard® Statement

Visit AviatorMastercard.com or use the Barclays Mobile App

Important Change to your Reduced Mileage Award benefit, effective October 1, 2021

The Reduced Mileage Award benefit associated with your AAdvantage® Aviator® Mastercard® will be discontinued on October 1, 2021. As an AAdvantage® member, you can save

miles on award travel by booking a Web Special award. Just like Reduced Mileage Awards, Web Special awards offer great savings - starting at 6,000 miles, one-way. Plus, Web Special

awards are available on more flights and can be booked up to 330 days in advance. You can find Web Special awards when searching for award travel on AA.com and on the American

mobile app. Simply select (Redeem Miles) when starting your search. 

Transactions

Transaction Date Posting Date Description Miles Amount

Payments

016843 2/6

APPENDIX 373

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 20 of 41 PageID 7051
Visit AviatorMastercard.com or use the Barclays Mobile App

EUGENIO VARGAS | Account Ending 6642 | Statement Period 08/17/21-09/16/21 Page 3 of 6

AAdvantage® Aviator® Red Mastercard® Statement

Sep 12 Sep 14 OFFICE DEPOT #2134 EULESS TX 245 $244.63

Sep 12 Sep 14 OFFICE DEPOT #85 IRVING TX 551 $551.30

Sep 13 Sep 14 DOMINO'S 6930 214-376-6060TX 35 $35.00

Sep 13 Sep 14 OFFICE DEPOT #2134 EULESS TX 2 $1.52

Sep 13 Sep 14 OFFICE DEPOT #2134 EULESS TX 146 $145.54

Total purchase activity for this period

To see activity after this statement period, visit AviatorMastercard.com

Fees and Interest

Transaction Date Posting Date Description Amount

Fees Charged

No fees charged for this period $0.00

Total fees for this period $0.00

Interest Charged

No interest charged for this period $0.00

Total interest for this period $0.00

2021 Year-to-Date Totals

Total fees charged in 2021

Total interest charged in 2021

This Year-to-date summary reflects the Fees and Interest charged on billing statements with closin

and does not reflect any subsequent fee and/or interest adjustments.

016843 3/6

APPENDIX 374

Sep 12 Sep 14 OFFICE DEPOT #2134 EULESS TX 245 $244.63

Sep 12 Sep 14 OFFICE DEPOT #85 IRVING TX 551 $551.30

Sep 13 Sep 14 DOMINO'S 6930 214-376-6060TX 35 $35.00

Sep 13 Sep 14 OFFICE DEPOT #2134 EULESS TX 2 $1.52

Sep 13 Sep 14 OFFICE DEPOT #2134 EULESS TX 146 $145.54

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 21 of 41 PageID 7052
Visit AviatorMastercard.com or use the Barclays Mobile App

EUGENIO VARGAS | Account Ending 6642 | Statement Period 08/17/21-09/16/21 Page 4 of 6

AAdvantage® Aviator® Red Mastercard® Statement

APPENDIX 375

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 22 of 41 PageID 7053
Make Changes to your contact information below

Name

Address

City State Zip

Home Phone Work Phone

Email Address

Continued on page 6 

Important Information

Page 5 of 6

Information About Credit Bureau Reporting: We may report information about your 

account to credit bureaus. Late payments, missed payments, or other defaults on your 

account may be reflected in your credit report. 

 

Annual Fee. If your account has an annual fee, it will be billed each year. We will give you 

advance notice on your billing statement prior to the assessment of the annual fee. You may 

choose to call us at 866-928-3075 within 45 days of receiving such notice to discuss 

alternative products that may be available or to close your account so that the fee will not 

be billed. If your account is closed, any outstanding reward points or miles on your account 

may be forfeited at that time. Payment of the annual fee does not affect our ability to close 

your account and/or to limit your transactions.

Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is 

lost or stolen, please contact us immediately at 866-928-3075 at any time. 

Payment Information: Each billing cycle, you must pay at least the Minimum Payment Due 

shown on your monthly statement by its Payment Due Date. Both the Minimum Payment 

Due and Payment Due Date are noted on your statement and on your home page when you 

login to AviatorMastercard.com. At any time you may pay more than the Minimum Payment 

Due up to the full amount you owe us, however you cannot (pay ahead). This means that if 

you pay more than the required Minimum Payment Due in any billing cycle or if you make 

more than one payment in a billing cycle, you will still need to pay the next month-s 

required Minimum Payment Due by your next Payment Due Date. Remember to make all 

checks payable to Barclays. Please allow 7 to 10 days for the U.S.Postal Service to 

deliver your payment to us. Upon our receipt, your available credit may not be 

increased by the payment amount for up to 7 days to ensure the funds from the 

bank on which your payment is drawn are collected and not returned. When you 

provide a check as payment on this Account, you authorize us to either use the information 

from your check to make a one-time electronic fund transfer from your account or to 

process the payment as a check transaction. When we use information from your check to 

make an electronic fund transfer, funds may be withdrawn from your account as soon as the 

same day we receive your payment, and you will not receive your check back from your 

financial institution. For inquiries, please call 866-928-3075. 

Mailed Payments: A conforming payment received by us by 5:00 p.m. PT will be credited 

to your account the day of receipt. A (conforming payment) is a payment that: 1) is mailed 

with the payment coupon included with this statement or printed from 

AviatorMastercard.com to Barclays, P.O. Box 60517, City of Industry, CA 91716-0517; and 

2) is in the form of a single, non-folded check or money order made payable in U.S. dollars 

from a U.S. based institution. Any payment that does not meet these requirements, or any 

payment with multiple checks or money orders, additional correspondence, staples, 

paperclips, etc. will be considered a (non-conforming payment), which may delay the 

crediting of the payment for up to 5 days.

Other Payment Options:

Web: Visit AviatorMastercard.com to set up your payments.

Mobile: To download the Barclays Mobile App, text MOBILE to 53818.

Phone: Call us at 866-928-3075 and we will process your payment.

All payments made via web, mobile app or pay by phone by 11:59 p.m. ET will be credited

to your account that same day.

Overnight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to 

REMITCO, Card Services, Lock Box 60517, 2525 Corporate Park, Suite 250, Monterey Park, 

CA, 91754. A payment received at this address by 5 p.m. PT that otherwise meets the 

requirements of a conforming payment will be credited to your account that same day.

How We Will Calculate Interest. We use a method called (daily balance" (including new 

purchases). We calculate interest separately for each (Balance Subject to Interest Rate.)

These include for example, Purchases at the current rate, Balance Transfers at the current 

rate, Cash Advances at the current rate, and different promotional balances. Your monthly 

billing statement shows each (Balance Subject to Interest Rate.)

To calculate interest, we first calculate a daily balance for each Balance Subject to Interest 

Rate. We start with the balance, for that Balance Subject to Interest Rate, as of the end of 

the previous day. We add any interest calculated on the previous day-s balance. (This means 

interest is compounded daily). We add any new Purchases, Balance Transfers or Cash 

Advances to the appropriate balance, subtract any new payments or credits from the 

appropriate balance, and make other adjustments. A credit balance is treated as a balance 

of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this 

for each day in the billing period. That gives us the daily interest. We add up all the daily 

interest for all of the daily balances to get the total interest for the billing period.

Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date is 

at least 23 days after the close of each billing cycle. On Purchases, interest begins to accrue 

as of the transaction date. However, you can avoid paying interest on Purchases in any 

given billing cycle if you pay your Statement Balance in full by the Payment Due Date.

If you have Purchase balances with a 0% promotional APR, you can avoid paying interest on 

those Purchase balances during the promotional period. (However, to avoid a late fee, pay 

at least your Minimum Payment Due.)

If you have a promotional APR offer(s) on your Account, you can avoid paying interest on 

non-promotional Purchases without paying your Statement Balance in full. If this applies to 

your Account, you will see a Paragraph titled (Avoiding Interest on Purchases (Grace Period) 

(Excluding Easy Pay Promotional Balances") appearing directly below the Interest Charge 

Calculation section on the front of this Statement. This will show the amount you can pay by 

the Payment Due Date and still avoid interest charges on your non-promotional Purchase 

balance. This amount may differ from your Statement Balance. It may differ if you have 

certain promotional APR balances, and the nonpayment of these balances will not affect 

your grace period on Purchases, provided you pay all other balances on your account. 

(However, to avoid a late fee, pay at least your Minimum Payment Due.)

For Balance Transfers, interest will accrue from the transaction date which generally will be 

016843 5/6

APPENDIX 376

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 23 of 41 PageID 7054
Visit AviatorMastercard.com or use the Barclays Mobile App

Page 6 of 6

the day the payee accepts the Check. For Cash Advances, interest will accrue from the 

transaction date which generally will be the day you take the Cash Advance. Please note 

that purchases of Cash Equivalents, which include money orders, travelers checks, foreign 

currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances 

and do not have a grace period. See your Cardmember Agreement for more information.

Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a 

(Minimum Interest Charge) or (Minimum Charge."

No Pre-Set Spending Limit: (No Pre-Set Spending Limit) does not mean unlimited 

spending, it means we may permit you from time to time at our discretion to make certain 

charges that will cause your outstanding balance to exceed your revolving credit line. Any 

such charge will be considered on an individual basis and such evaluation will be based on 

your account spending and payment history as well as your experience with other creditors. 

If you exceed your revolving credit line, then you must pay, with your Minimum Payment 

Due, the amount by which your balance exceeds your revolving credit line, including 

amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges.

Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau 

report is inaccurate or incomplete, please contact the reporting agency directly or contact us 

at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801. Please include your name; 

your account number; the credit reporting agency where you received the bureau report; a 

description of the error; and why you believe it is an error. We will promptly investigate, 

notify you of our findings, and send an update to the credit bureaus if warranted within 30 

days.

What To Do If You Think You Find A Mistake On Your Statement

If you think there is an error on your statement, write to us at:

Card Services 

P.O. Box 8802

Wilmington, DE 19899-8802.

In your letter, give us the following information:

3 Account information: Your name and account number.

3 Dollar amount: The dollar amount of the suspected error.

3 Description of problem: If you think there is an error on your bill, describe what you 

believe is wrong and why you believe it is a mistake.

You must contact us within 60 days after the error appeared on your statement.

You must notify us of any potential errors in writing. You may call us, but if you do we are 

not required to investigate any potential errors and you may have to pay the amount in 

question.

While we investigate whether or not there has been an error, the following are true:

3 We cannot try to collect the amount in question, or report you as delinquent on that 

amount.

3 The charge in question may remain on your statement, and we may continue to 

charge you interest on that amount. But, if we determine that we made a mistake, 

you will not have to pay the amount in question or any interest or other fees related 

to that amount. 

3 While you do not have to pay the amount in question, you are responsible for the 

remainder of your balance. 

3 We can apply any unpaid amount against your credit limit.

Your Rights If You Are Dissatisfied With Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your credit 

card, and you have tried in good faith to correct the problem with the merchant, you may 

have the right not to pay the remaining amount due on the purchase. 

To use this right, all of the following must be true: 

1. The purchase must have been made in your home state or within 100 miles of your 

current mailing address, and the purchase price must have been more than $50. 

(Note: Neither of these are necessary if your purchase was based on an advertisement 

we mailed to you, or if we own the company that sold you the goods or services.)

2. You must have used your credit card for the purchase. Purchases made with cash 

advances from an ATM or with a check that accesses your credit card account do not 

qualify. 

3. You must not yet have fully paid for the purchase. 

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us 

in writing at:

Card Services 

P.O. Box 8802

Wilmington, DE 19899-8802.

While we investigate, the same rules apply to the disputed amount as discussed above. 

After we finish our investigation, we will tell you our decision. At that point, if we think you 

owe an amount and you do not pay, we may report you as delinquent. 

Please refer to your Cardmember Agreement for additional information about the terms of 

your Account. 

 ́2021 Barclays Bank Delaware, member FDIC

016843 6/6

APPENDIX 377

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A

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A

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A

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APPENDIX 381

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APPENDIX 382

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APPENDIX 383

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APPENDIX 384

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 31 of 41 PageID 7062
APPENDIX 385

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 32 of 41 PageID 7063
AFFIDAVIT OF ROBERT “BOB” ROSS – Page 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

 FT. WORTH DIVISION 

ROBERT “BOB” ROSS AND

EUGENIO VARGAS 

§ 

§ 

Plaintiffs/Counterclaim Defendants § 

 § Case No. 4:22-CV-00343-Y 

 § 

 § 

ASSOCIATION OF 

PROFESSIONAL FLIGHT 

ATTENDANTS, MCGAUGHEY, 

REBER AND ASSOCIATES, INC., 

JULIE HEDRICK, ERIK HARRIS, 

LARRY SALAS, JOSH BLACK 

§ 

§ 

§ 

§ 

§ 

§ 

Defendants/Counterclaim Plaintiffs. 

AFFIDAVIT OF ROBERT “BOB” ROSS IN SUPPORT OF PLAINTIFF’S MOTION 

FOR SUMMARY JUDGMENT 

BEFORE ME, the undersigned authority, on this day personally appeared Robert “Bob” Ross, who 

being by me first duly sworn, did state: 

1. “I have been employed as a flight attendant working with American Airlines, Inc. 

since 1983. I am also a member of the Association of Professional Flight Attendants 

(“APFA”). I have personal knowledge of the facts contained herein, I am 21 years 

or older and of sound mind to make these statements. 

2. I have read the foregoing Plaintiff’s Motion for Partial Summary Judgment and 

every factual contention for which I have personal knowledge is true and correct. 

3. In a conversation with the U.S. Department of Labor regarding my Transition 

Agreement, I was told that an investigation was conducted in 2021 regarding my 

Transition Agreement and financial conduct of the Ross Administration. The 

results of the investigation found no actionable wrong-doing on the part of any 

National Officers serving for APFA from April 1, 2016 to July 31, 2018. 

APPENDIX 386

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 33 of 41 PageID 7064
AFFIDAVIT OF ROBERT “BOB” ROSS – Page 2 

4. I am a current member of APFA in good standing. I have never been charged with 

or convicted of a crime. On or about November 23, 2023 I logged into my 

www.APFA.org account and downloaded a copy of the 2015 AFA-CWA Attempts 

to Merge/Raid maintained on the APFA website. Attached hereto and incorporated 

herein is a true and correct copy of 2015 AFA-CWA Attempts to Merge/Raid 

maintained on APFA’s website that I downloaded. 

5. ELECTION FACTS: On April 1, 2016, I was elected as the APFA National 

President and took office. I served with Nena Martin as APFA National VicePresident, Marcy Dunaway as APFA National Secretary, and Eugenio Vargas as 

APFA National Treasurer. I made public statements and speeches opposing a 

merger between the Association of Flight Attendants-CWA’s (“AFA”) and APFA. 

6. On April 2, 2016, I had a conversation on an American Airlines, Inc. Flight 

Attendant affiliated social media page with Melissa Chinery-Burns in which she 

stated that “I will work tirelessly to make sure you are out of office.” This was the 

day after I took office. I decided not to appoint her to a position in my 

administration and stated that I was opposed to a merger between AFA and APFA 

at this time. Attached hereto and incorporated herein is a true and correct copy of 

the Facebook exchange between Melissa Chinery-Burns and myself. 

7. Since 2016, I have publicly opposed any actions to initiate a merger between AFA 

and APFA. Attached hereto and incorporated herein are true and correct copies of 

public statements I made in opposition of any merger, affiliation, or “raid” of AFA 

with APFA. 

8. After multiple attempts were made by AFA to effectuate a merger or a “raid” of 

APPENDIX 387

Case 4:22-cv-00343-Y Document 239-8 Filed 04/26/24 Page 34 of 41 PageID 7065
AFFIDAVIT OF ROBERT “BOB” ROSS – Page 3 

APFA during 2016, I assisted in drafting a letter to AFA’s International President 

requesting that all attempts to merge or ‘raid’ our union cease immediately. I 

authorized my signature to be used on the letter dated July 4, 2017. A true and 

correct copy of a draft of the July 4, 2017 letter sent by the Ross Administration to 

the AFA during my term in office as National President is attached hereto and 

incorporated herein. I read this letter aloud at a labor coalition meeting in which 

AFA International President, Sara Nelson was in attendance. I read the letter and 

hand delivered a copy to Sara Nelson, AFA International President, on behalf of 

the entire Ross Administration. A true and correct copy of the original letter I read 

and hand-delivered is attached hereto and incorporated herein. 

9. At the end of February 2018, I met with Mark Richards and agreed to resign under 

a negotiated Transition Agreement signed on or about March 1, 2018. 

10. On August 3, 2020, I received an email from Julie Hedrick in which she informed 

me that APFA was disclosing my Confidential Transition Agreement to APFA 

members. I never consented to disclosure of my Transition Agreement by APFA 

nor did I disclose it to any other APFA members. A true and correct copy of the 

email I received is attached hereto and incorporated herein. 

11. On November 10, 2020, I received a telephone call from Erik Harris wherein he 

informed me that the APFA Board of Directors found I owed $5,436.47 for an 

overpayment. 

12. On November 24, 2020, Erik Harris contacted me and emailed me to inform me 

that the APFA Board of Directors found that I owed APFA for an overpayment 

made under my Transition Agreement in the amount of $5,436.47 based on an 

APPENDIX 388

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AFFIDAVIT OF ROBERT “BOB” ROSS – Page 4 

accounting review that determined that the per diem calculation used was improper. 

A true and correct copy of the letter I received from Erik Harris is attached hereto 

and incorporated herein. 

13. On December 1, 2020, Article VII Disciplinary charges filed against me, were 

presented to the APFA Executive Committee who voted that the charges were valid, 

timely and specific. 

14. On June 16, November 17 and 18, 2021, Chinery v. Ross Arbitration Hearing was 

held in which I attended. Throughout the hearing, I was unable to properly crossexamine Erik Harris, and other witnesses for the prosecution, and denied the full 

opportunity to call all of my witnesses. Attached hereto and incorporated herein is 

my witness list submitted prior to the Arbitration Hearing. 

15. During the Arbitration Hearing, I subpoenaed all four APFA National Officers to 

testify and only Erik Harris appeared to testify as to the documents that were 

submitted at the hearing. I also objected multiple times on and off the record that 

the evidence was not reliable, and I could not verify whether it was true and 

accurate. I told the Arbitrator that I objected to admitting all the union’s documents, 

but I waived my objections when the Arbitrator told me that the documents would 

not be considered reliable evidence of the truth only evidence of compliance with 

a subpoena. 

16. I was denied the opportunity to testify, question witnesses, and submit evidence 

relating to the overpayment debt I allegedly owed to the union. I was denied the 

opportunity to question Erik Harris about the calculation and payment of my sick 

and vacation days paid under my Transition Agreement. I was denied the 

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opportunity to submit evidence of the number of accumulated and unpaid sick and 

vacation days for 2016, 2017, and 2018. I was denied the opportunity to testify, 

question witnesses, or submit evidence relating to the debt transferred to the 

collection agency or the collection agency’s collection efforts. 

17. I became aware that APFA/Diversified Credit Systems filed suit in Tarrant County 

in January of 2022 upon receiving several solicitation letters from attorneys and 

hired an attorney prior to being served. I did not receive a copy of the Confidential 

Memo until I was served with the citation and petition filed in Tarrant County 

Justice Court on or about February 20, 2022. A true and correct copy of the 

Envelope, Citation, Petition I received in the mail is attached hereto and 

incorporated herein. 

18. During my Arbitration, I testified on my own behalf. I became emotional when I 

began testifying about the effect the disciplinary charges have had on my children 

and the actions Melissa Chinery-Burns has taken on me and my family since I took 

office in April of 2016. After the hearing, I received a copy of Melissa ChineryBurns Facebook group post about my testimony. A true and correct copy of what I 

received is attached hereto and incorporated herein. 

19. To my personal knowledge, APFA has never banned an APFA member from 

holding office for life, until myself and Eugenio Vargas received Article VII 

Arbitration Awards. 

20. To my personal knowledge, APFA has never publicly announced an Article VII 

Award in a Presidential Hotline Email to the APFA membership, until myself and 

Eugenio Vargas received Article VII Arbitration Awards. 

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21. I have publicly opposed the APFA, and any possible merger between AFA and 

APFA. The Article VII Arbitration Awards and release of hotlines to the 

membership have intimidated me and stifled my dissent. I feel as though I have 

become an example for others to prevent dissent against a possible merger between 

AFA and APFA. I fear that I will suffer more retaliation by APFA and my 

employer for my political position against a merger between AFA and APFA. 

22. I contacted Diversified Credit and discussed my credit account on April 14, 2021. 

When I discussed my account with Diversified Credit, the representative informed 

me that the address on file from APFA was 2405 Johnson Road, Southlake, Texas 

76092. 

23. ARBITRATION DAMAGES: Attached hereto and incorporated herein are true 

and correct copies of all receipts and expenses I incurred in association with the 

Article VII Arbitration held by APFA. The costs I incurred defending myself in 

the Arbitration hearing were $1,040.82.

24. Attached hereto and incorporated herein is a true and correct copy of the 

Supplemental Arbitration Award increasing the fines against me to $62,558.75 

based on an audit conducted by APFA. I was not given notice of the manner in 

which the audit was conducted, nor ever given a copy of the documents used to 

create the audit. I was never given the opportunity to attend or witness the audit. 

No one ever contacted me or my representatives to inquire as to expenses or charges 

and the circumstances surrounding those charges. 

25. TRANSITION AGREEMENT SICK PAY: I was to be paid all accrued and unused 

sick and vacation pay for 2016-2018 under the Transition Agreement I negotiated 

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and signed. I was not paid for six days of my accrued and unused sick pay from 

2016 and six days of my accrued and unused sick pay from 2017. The total amount 

that remains due and owing under the Transition Agreement is $4,663.32. 

26. 401K: Attached hereto, incorporated herein are true and correct copies of 

withdrawals I made from my 401k. The money withdrawn was used to pay for my 

children’s college education after I was notified that I was rejected for a home 

equity loan. The total damage I suffered for the withdrawal is $29,521.62 and 

potential increase over a 10-year span of the average 10% per annum for growth on 

the market results in a total in damages of $107,685.62

27. LOST USE OF FUNDS: Attached hereto and incorporated herein are true and 

correct copies of the mortgage closing documents from closing my mortgage loan 

on April 28, 2021. The appraised value of my property at the time was $720,000. 

I applied for a mortgage loan with a cash-out of the full amount of equity from my 

home. Upon discovering that APFA reported on my credit report for an outstanding 

collection account of $5,436.47, my mortgage loan officer informed me that I could 

secure a $515,200 refinance of my original Veteran’s Administration Mortgage 

Loan, however I was denied for a 100% loan to value home equity loan offered to 

U.S. Veterans for the full value of the home at the time of $720,000. I lost the 

opportunity to borrow $204,800 at a 2.375% annual interest rate, amortized over 

30 years. I planned to use these funds for my daughter’s college education expenses. 

A total of damages is $204,800 for theses damages. 

28. LOST REIMBURSABLE EXPENSES: Attached hereto and incorporated herein 

are true and correct copies of my schedules showing that I attended the March 2022 

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APFA Annual Board of Directors Meeting. When I was forced to resign, as 

required by the Arbitration Award, I did not receive payment or reimbursement for 

expenses incurred for attending this meeting. I was entitled to reimbursement of 

costs for transportation, hotel costs, and hours of pay for each day, which resulted 

in a total loss of income of $2,169.23.

29. REPUTATIONAL DAMAGE: Attached hereto and incorporated herein are true 

and correct copies of APFA’s hotline announcement of my arbitration award. In 

April of 2021, I met with Jim Oebker and Debbie Carvatta and discussed my 

consideration for hire in a position at American Airlines, Inc. as a 

manager/consultant. Debbie Carvatta informed me that I would be a good fit for 

their team, however American Airlines, Inc. would not hire me because of the 

Chinery v. Ross Article VII Disciplinary charges against me. The estimated 

reputational loss are approximately $86,376.00 in potential income due to 

reputational harm. 

30. Since my Arbitration Award was issued and publicized to the APFA Membership 

by APFA, I have received multiple reports to American Airlines, Inc. Human 

Resources department relating to complaints against me for union-related conduct 

or comments made online. I have been to Human Resources on two occasions 

resulting from complaints about me in relation to the Article VII Arbitration Award, 

and allegations of theft. Prior to 2021 and the Article VII Arbitration Award, I 

never received a complaint to American Airlines Human Resources Department. 

31. MENTAL ANGUISH/EMOTIONAL DAMAGE: Attached hereto and 

incorporated herein are true and correct copies of my medical records showing I 

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suffered from syncope episodes due to mental distress. In June of 2022, I began 

having erratic cardiac events and shortness of breath, followed by dizziness, 

tingling of hands, and sometimes loss of consciousness. In July of 2022, I went to 

the hospital for assessment. I was sent to a cardiologist who conducted a 48-hour 

heart monitor, stress test of my heart, an MRI brain scan, and several other tests. 

Attached are a true and correct copy of my medical records from the Veteran’s 

Administration. In August of 2022, I was referred for a psychological evaluation. 

While waiting for a psychological evaluation, I suffered several syncopal episodes. 

The most severe cardiac episode was experienced on September 22, 2023 and I was 

taken to the hospital. The emergency room doctor conducted several tests and 

diagnosed me with depression and anxiety. I was prescribed antidepressants/anxiety and high blood pressure medication. I now see a therapist for 

psychoanalysis regularly. The issues I typically address are my concerns relating 

to the matters in this case, abuse and harassment suffered by the union, the fear of 

losing my job as a result. There is a notation on my VA medical records that I was 

admitted to a mental health facility and diagnosed with generalized anxiety in 2015 

in Fort Worth, Texas which is inaccurate. The correct year is 2019 when I lived in 

Fort Worth. I have requested that this be updated in my medical records, however 

the update is not yet reflected with the Veterans Administration. The issues I endure 

relating to my family pressures concern my resignation from office as APFA 

National President, the union disciplinary charges and fines, and the statements 

made about me in public related to this case. I have suffered a lot of stress and 

mental anguish due to the public statements made about me and the shame this has 

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