2015 Pilot Discussion.
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traderjake
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dariencc
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- Dec 4, 2006
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cactusboy53
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Maybe you guys are right, and the BOA can cast out the Nicolau Seniority List and start anew.
If that paradigm is true, then it's also true that the BOA can re-organize the Nicolau List to reflect the benefit that the East Pilots have reaped in the past 8+ years, right? That's the same kind of logic. You are familiar with the word logic, right.
I'll tell you what. I'll keep quoting US Judges, esteemed arbitrators, knowledgeable legal minds, and of course El Presidente' Mike Cleary. You keep quoting some useless blog from Blomgren, your interpretation of what happened at Wye River, and how life isn't fair. Then the BOA will deliver a new seniority list. Then we'll see if you're gonna sue....what am I saying?? Of COURSE you're gonna sue. It's what your body of pilots are known for (well, one of the things).
"The Board shall retain jurisdiction in accordance with Section H. 5 .b. of the ALPA Merger Policy to resolve any disputes over the meaning or interpretation of this Award. This retention of jurisdiction shall terminate when all provisions of the Award have been satisfied. In the event the Chairman becomes unavailable or unwilling to serve to resolve such disputes, the Merger Committees will agree on a replacement Chairman or will select one by the alternate strike method from the most recent ALPA list of seniority integrations arbitrators. In the event one of the Pilot Neutrals becomes unable or unwilling to serve on the Arbitration Board to resolve such disputes, the Chairman, after consultation with the Parties, shall decide how to proceed. In any such arbitration, if there is a dispute between the methodology contained in the Award and the accompanying Integrated Seniority List or any other list purportedly using such methodology, the Seniority List prevails."
George Nicolau, Mediator
AWA/AAA Opinion & Award; May 07, 2007
If that paradigm is true, then it's also true that the BOA can re-organize the Nicolau List to reflect the benefit that the East Pilots have reaped in the past 8+ years, right? That's the same kind of logic. You are familiar with the word logic, right.
I'll tell you what. I'll keep quoting US Judges, esteemed arbitrators, knowledgeable legal minds, and of course El Presidente' Mike Cleary. You keep quoting some useless blog from Blomgren, your interpretation of what happened at Wye River, and how life isn't fair. Then the BOA will deliver a new seniority list. Then we'll see if you're gonna sue....what am I saying?? Of COURSE you're gonna sue. It's what your body of pilots are known for (well, one of the things).
"The Board shall retain jurisdiction in accordance with Section H. 5 .b. of the ALPA Merger Policy to resolve any disputes over the meaning or interpretation of this Award. This retention of jurisdiction shall terminate when all provisions of the Award have been satisfied. In the event the Chairman becomes unavailable or unwilling to serve to resolve such disputes, the Merger Committees will agree on a replacement Chairman or will select one by the alternate strike method from the most recent ALPA list of seniority integrations arbitrators. In the event one of the Pilot Neutrals becomes unable or unwilling to serve on the Arbitration Board to resolve such disputes, the Chairman, after consultation with the Parties, shall decide how to proceed. In any such arbitration, if there is a dispute between the methodology contained in the Award and the accompanying Integrated Seniority List or any other list purportedly using such methodology, the Seniority List prevails."
George Nicolau, Mediator
AWA/AAA Opinion & Award; May 07, 2007
cactusboy53
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“Actually, it is USAPA that is needlessly delaying the resolution of the seniority dispute and jeopardizing the enforceability of the agreement the parties are able to reach. …….The arbitrator’s decision was to be final and binding on both pilot groups and was to be accepted by the Company so long as certain conditions were met. The Nicolau Award has resulted in four years of litigation including a trial in federal court and jury verdict fining USAPA’s proposal for a non-Nicolau list to constitute an unlawful breach of the union’s duty of fair representation….”
Paul D. Jones; Vice President – Legal Affairs and Chief Compliance Officer
Exhibit 1 of Declaration of Counsel; Case 13-15000, 02/20/2013
Paul D. Jones; Vice President – Legal Affairs and Chief Compliance Officer
Exhibit 1 of Declaration of Counsel; Case 13-15000, 02/20/2013
cactusboy53
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[SIZE=12pt]In the matter of: Preliminary Arbitration Board APA/USAPA/AA (December 17, 2014)[/SIZE]
[SIZE=12pt]ARBITRATOR JAVITS: All three lists. I guess the gravamen of the questions is are you then putting yourself in the place of Nicolau, are you the new Nicolau because you are proposing a list which may not reflect Nicolau's list? ….. And American pilots. And, therefore, you're making a proposal, which may be different than what Nicolau had in mind and issued back in '07.[/SIZE]
[SIZE=12pt]MR. FREUND (in closing):As the Chairman put it so nicely in his questioning of Jess Pauley, what the US -- what the East Committee, the US Airways Committee, the USAPA Committee, call it what you want, what it wants to do is to put itself in the place of George Nicolau and redo what George did in 2007.[/SIZE]
[SIZE=12pt]ARBITRATOR JAVITS: All three lists. I guess the gravamen of the questions is are you then putting yourself in the place of Nicolau, are you the new Nicolau because you are proposing a list which may not reflect Nicolau's list? ….. And American pilots. And, therefore, you're making a proposal, which may be different than what Nicolau had in mind and issued back in '07.[/SIZE]
[SIZE=12pt]MR. FREUND (in closing):As the Chairman put it so nicely in his questioning of Jess Pauley, what the US -- what the East Committee, the US Airways Committee, the USAPA Committee, call it what you want, what it wants to do is to put itself in the place of George Nicolau and redo what George did in 2007.[/SIZE]
cactusboy53
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[SIZE=12pt]“….This means that the new East Pilots Merger Committee will have to decide whether it is, in face, subject to the injunction….But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award. Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions. The new committee members and their counsel must decide, at their substantial peril, whether they are subject to the injunction…”[/SIZE]
[SIZE=12pt]Roslyn O. Silver 22 September 2015[/SIZE]
[SIZE=12pt]Senior United States District Judge[/SIZE]
[SIZE=12pt]Roslyn O. Silver 22 September 2015[/SIZE]
[SIZE=12pt]Senior United States District Judge[/SIZE]
cactusboy53
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[SIZE=12pt]US Court of Appeals for the Ninth Circuit 26 June 2015[/SIZE]
[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation. USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation, and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award..”[/SIZE]
[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation. USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation, and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award..”[/SIZE]
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