USAPA SUIT AGAINST COMPANY FOR BARGAINING IN BAD FAITH DISMISSED

[Beancounter]

http://www.bloomberg.com/news/2012-03-08/us-airways-wins-dismissal-of-pilot-claims-it-broke-labor-law-1-.html?cmpid=yhoo

 

[ChockJockey]

http://www.bloomberg.com/news/2012-03-08/us-airways-wins-dismissal-of-pilot-claims-it-broke-labor-law-1-.html?cmpid=yhoo

So I guess the question is who are they going to take to court next and how badly will they fail at it?

CAPS LOCK IS CRUISE CONTROL FOR COOL. Also check the board rules, thread headings as long as yours should include at least two spelling mistakes.

 

[Move2CLT]

Dismissed with prejudice.

Great job with the dues dollars.

 

[Beancounter]

So I guess the question is who are they going to take to court next and how badly will they fail at it?

CAPS LOCK IS CRUISE CONTROL FOR COOL. Also check the board rules, thread headings as long as yours should include at least two spelling mistakes.

USAPA IS A TOTAL FAILURE. Gotta love the caps lock.

 

[HPearlyretiree]

USAPA is the USFL of unions.

Fail, fail, fail, fail, fail, fail, fail.

If it was a horse it would have been dog food months ago.l

 

[USA320Pilot]

So I guess the question is who are they going to take to court next and how badly will they fail at it?

US Airways again. In its report on the MDA Longevity grievance loss USAPA's Grievance Committee said, "given the particularly egregious nature of some of the Arbitrator's procedural rulings in this particular case, we are continuing to explore the possibility of seeking to appeal this Award in federal court."

Just one more loss for USAPA and our dues dollars at work. Let's see USAPA's RICO lawsuit was dismissed, USAPA's RICO appeal was dismissed, USAPA was found guilty by a jury 9-0 in federal court of DFR, USAPA was found guilty in federal court of committing a crime and now has a Permanent Injunction against every pilot, and now its Status Quo suit against US Airways was dismissed.

Meanwhile, US Airways' pilots are the highest taxed and lowest paid major airline pilots in the entire U.S. while USAPA's "elite" garner FPL, up to 95 hours pay/month, stipends, automobiles, and loyalty points.

 

[Move2CLT]

US Airways again. In its report on the MDA Longevity grievance loss USAPA's Grievance Committee said, "given the particularly egregious nature of some of the Arbitrator's procedural rulings in this particular case, we are continuing to explore the possibility of seeking to appeal this Award in federal court."

Just one more loss for USAPA and our dues dollars at work. Let's see USAPA's RICO lawsuit was dismissed, USAPA's RICO appeal was dismissed, USAPA was found guilty by a jury 9-0 in federal court of DFR, USAPA was found guilty in federal court of committing a crime and now has a Permanent Injunction against every pilot, and now its Status Quo suit against US Airways was dismissed.

Meanwhile, US Airways' pilots are the highest taxed and lowest paid major airline pilots in the entire U.S. while USAPA's "elite" garner FPL, up to 95 hours pay/month, stipends, automobiles, and loyalty points.

There will be no appeal because no court will accept jurisdiction. Two, count 'em, two arbs came up with the same conclusion. MDA pilots were furloughed. So unless USAPA has some dirt in the arbitrator, they're pissing away money AGAIN.

And good luck winning the Naughler case after this loss. Those chances just went from slim to none.

 

[UPNAWAY]

Is there any sane adults there? Can they not see it is well past time to cut there loses and throw in the towel.

 

[Move2CLT]

Is there any sane adults there? Can they not see it is well past time to cut there loses and throw in the towel.

If the fact that breeze thinks he's going to win the 3% that Kasher agreed to look at gives you any indication....

...breeze and the rest of his buddies will be grasping at every straw they can for a long time.

 

[Art at ISP]

So how does this ruling dismissing the suit move the process of a unified contract along (if at all)? Does it have ANY effect on the stalemate?

 

[BoeingBoy]

In my view it doesn't do a thing to move the negotiations along. The 800-lb seniority gorilla is still in the center of the room and nothing will happen until it's fed.

Jim

 

[PullUp]

So how does this ruling dismissing the suit move the process of a unified contract along (if at all)? Does it have ANY effect on the stalemate?

No effect at all.
The endgame is approaching, however. When judge Silver rules, the senioritiy dispute will be effectively over with. The next hurdle is to get the company to negotiate. However, the union does not have any leverage for better contract terms. The only leverage USAPA will have is if the company needs contract modifications for a merger.

 

[SparrowHawk]

USAPA is the USFL of unions.

Fail, fail, fail, fail, fail, fail, fail.

If it was a horse it would have been dog food months ago.l

Actually I've been told that you can't use horse meat in Dog Food anymore. Some law that got through somehow. More Government meddling. I never thought that US Bargained in bad faith and apparently the court agreed.

 

[cleardirect]

Since no one else has said it yet. SPANKED. usapa and the lawyers got spanked by the NY court. What is the excuse this time? Biased judge? Unfriendly district? Court hostile to labor? Have any of you guys read the order dismissing the law suit yet? What usapa has not put it out yet??? Shocking. They managed to find time to tell everyone they get to reply in PHX. But a big deal like losing a law suit they ignore.

Read the whole thing but this is just the flavor of the entire order.

CONCLUSION
Defendants’ motion to dismiss is granted in full. Counts I, II, III, and IV are dismissed
with prejudice pursuant to Rule 12(B)(1).20 Count IV is dismissed without prejudice pursuant to
Rule 12(B)(6). Given the allegations of plaintiff and the facts attested to by the parties in
litigating this motion, the court is doubtful that plaintiff could cure this count through
amendment. However, should plaintiff seek to do so, plaintiff’s counsel shall file a letter,
pursuant to the court’s individual motion practices, requesting leave to amend and outlining in
detail the additional facts it could allege in support of its claim. Failure to do so within thirty
days will result in the dismissal of Count I with prejudice, the entry of judgment, and the closing
of the docket in this case.
SO ORDERED.

20 The parties have made an evidentiary showing on these counts that demonstrate that plaintiff cannot cure its
complaint to establish subject matter jurisdiction. Leave to amend would therefore be futile, and the court dismisses
these counts with prejudice. See 5B Charles Alan Wright et al., Federal Practice & Procedure § 1350 (3d Ed. 2011)
(“Only when the affidavits show that the pleader cannot truthfully amend to allege subject matter jurisdiction should
the court dismiss without leave to replead.”); see also Pot Luck, L.L.C. v. Freeman, No. 06-Civ. 10195, 2009 U.S.
Dist. LEXIS 25097 (S.D.N.Y. Mar. 10, 2009) (“[A] court may dismiss without leave to amend when amendment
would be futile.”)

Now where have we heard the term dismissed with prejudice before? The one court not dismissed with prejudice the judge told usapa he thinks they have NO chance of fixing.

This is an embarrassment for the new lawyers. They should have known better than to file this law suit. This is not going to help their reputation in NY. Read the enitre order there is not one thing that usapa can hang their hat on and say it was a win. 35 pages of legal beating or in other words SPANKED by a NY judge.

 

[cleardirect]

18 Plaintiff captions Count I as also asserting an alleged violation of 45 U.S.C. § 152 First. Plaintiff’s citation to that
section appears to have been a typographical error, as the section pertains to the duty of carriers and employees to
settle disputes and plaintiff makes no argument for its application to representative rights.

Footnote 18. Oops pretty rookie mistake citing the wrong section. Or could it be that it was intentional hoping the clerks would not check?