2014 Pilot Discussion

[nic4us]

DictaOpinions of a judge that do not embody the resolution or determination of the specific case before the court. Expressions in a court's opinion that go beyond the facts before the court and therefore are individual views of the author of the opinion and not binding in subsequent cases as legal precedent.

I suggest you read the "dicta" because the APA and the company are gonna shove it up your rear!

Now, what we have is a failed scab union, about to be a former scab union, sitting on the outside looking in on the upcoming SLI.

Great stuff. Usapa was even stupid enough to make the point of boycotting the protocol meeting and filing a grievance to prove it will have no seat at the table once it is decertified!

 

[GorgeousGeorge]

Still sunny and warm here in Phoenix at 5:27.

You know where Phoenix is? Right next to Tempe....you know Tempe...where LCC headquarters are housed in the former AWHC tower. You know...AWHC, the corporation that bought the airline you used to work for.

Now HQ is in Fort Worth...and single carrier status is just around the corner!

Bye bye uscaba...time to read paragraph vi. Of Silver's ruling.



Oh, and the Nic is still the only accepted system seniority list covering all LCC pilots.

Actually its the listS in currently in effect that can only be changed via McCaskill-Bond process in paragraph 10 of the MOU. Everything prior to Dec.9 was nullified and super-ceded by the MOU when ratified by the membership and now held up by the court as a legitimate contract not violating any DFR. US Airways was found not to have breached the 2005 TA by negotiation new seniority provisions or did you forget to look at the four counts of the case were ruled on.

 

[MUTATIS MUTANDIS]

Still sunny and warm here in Phoenix at 5:27.

You know where Phoenix is? Right next to Tempe....you know Tempe...where LCC headquarters are housed in the former AWHC tower. You know...AWHC, the corporation that bought the airline you used to work for.

Now HQ is in Fort Worth...and single carrier status is just around the corner!

Bye bye uscaba...time to read paragraph vi. Of Silver's ruling.



Oh, and the Nic is still the only accepted system seniority list covering all LCC pilots.

Guess So now your bidding what on the APRIL EAST BID?

 

[MUTATIS MUTANDIS]

Actually its the listS in currently in effect that can only be changed via McCaskill-Bond process in paragraph 10 of the MOU. Everything prior to Dec.9 was nullified and super-ceded by the MOU when ratified by the membership and now held up by the court as a legitimate contract not violating any DFR. US Airways was found not to have breached the 2005 TA by negotiation new seniority provisions or did you forget to look at the four counts of the case were ruled on.

GG again you nail it!

 

[GorgeousGeorge]

I suggest you read the "dicta" because the APA and the company are gonna shove it up your rear!

Now, what we have is a failed scab union, about to be a former scab union, sitting on the outside looking in on the upcoming SLI.

Great stuff. Usapa was even stupid enough to make the point of boycotting the protocol meeting and filing a grievance to prove it will have no seat at the table once it is decertified!

The great stuff was what was actually "Ruled" on which were the 4 counts before the judge. All 4 counts were ruled on in a way favorable to USAPA.

 

[Keroseneuser]

If AOL members are donating money based on what the judge wrote in her Dicta,  I think they will be sorely disappointed.
 
I just searched several legal sites to check my memory of the term "Dicta"  which is where the statement about USAPA not being able to represent after APA is voted as the union. (in relation to keeping status as USairways pilots reps till end of SLI)  
 
In short it seems that what the west is quoting as an "order" is no such thing.  It is the opinion of Judge Silver, but not enforceable on any other court or on USAPA.  the references I can find simply refer to a dicta as "other comments or thoughts"  that may have been weighed by the judge in coming to her conclusions but they are not regulatory or even the reason that the judge arrived at the decision that she did.  In short they do not relate to the direct judgments of the case.
 
I would like to hear from some that have a larger knowledge base of this and I am going to try to call a college buddy who is a corporate lawyer to get his take.  However from what I can find, what the west is claiming as an "order"  is in fact not.
 
After reading through it,  To me it sounds like a last ditch attempt to convince people to continue sending funds to AOL.    I am not an expert by any stretch in this area, but If I were considering expending more money on this venture I would consult my own attorney on this subject before writing more checks to AOL.

 

[nic4us]

The great stuff was what was actually "Ruled" on which were the 4 counts before the judge. All 4 counts were ruled on in a way favorable to USAPA.

Agree completely, and as Phoenix has pointed out many times, the DFR question was extremely narrow to only cover the uscaba behavior in relation to the MOU.

Now we will wait and see how long the APA and the companyis willing to let the east/west food fight interfere with their plans.

So, we have another judges "dicta" basically outlining just how bad the scabs will lose if they ever get a non-Nic starring the APA in the face. I hear they are pissed off because Silver just kicked the can and it land squarely in their lap!

To quote Silver, "patience has run out with usapa". Bye bye!

 

[ROACLT]

If AOL members are donating money based on what the judge wrote in her Dicta,  I think they will be sorely disappointed.
 
I just searched several legal sites to check my memory of the term "Dicta"  which is where the statement about USAPA not being able to represent after APA is voted as the union. (in relation to keeping status as USairways pilots reps till end of SLI)  
 
In short it seems that what the west is quoting as an "order" is no such thing.  It is the opinion of Judge Silver, but not enforceable on any other court or on USAPA.  the references I can find simply refer to a dicta as "other comments or thoughts"  that may have been weighed by the judge in coming to her conclusions but they are not regulatory or even the reason that the judge arrived at the decision that she did.  In short they do not relate to the direct judgments of the case.
 
I would like to hear from some that have a larger knowledge base of this and I am going to try to call a college buddy who is a corporate lawyer to get his take.  However from what I can find, what the west is claiming as an "order"  is in fact not.
 
After reading through it,  To me it sounds like a last ditch attempt to convince people to continue sending funds to AOL.    I am not an expert by any stretch in this area, but If I were considering expending more money on this venture I would consult my own attorney on this subject before writing more checks to AOL.

You are absolutely correct and your friend who is a lawyer will give you an answer similar to what you just posted.

 

[end_of_alpa]

Still sunny and warm here in Phoenix at 5:27.

You know where Phoenix is? Right next to Tempe....you know Tempe...where LCC headquarters are housed in the former AWHC tower. You know...AWHC, the corporation that bought the airline you used to work for.

Now HQ is in Fort Worth...and single carrier status is just around the corner!

Bye bye uscaba...time to read paragraph vi. Of Silver's ruling.



Oh, and the Nic is still the only accepted system seniority list covering all LCC pilots.

There it is!   THERE IT IS!  That's it!  DENIAL!  HERE IT COMES.....THE VILE WORDS SO TYPIFYING THE WESTICLE MIND SET!  THERE IT IS!  YEAH!  YOU GO GIRL!  YOU GO!

 

[end_of_alpa]

The great stuff was what was actually "Ruled" on which were the 4 counts before the judge. All 4 counts were ruled on in a way favorable to USAPA.

Oh NO!  Say it ain't so! Here comes the first,,,,NIC.....who got his ass burned in court but still lives in the great state of.....(GO ON, YOU CAN SAY IT....) 
 
DENIAL!!

 

[end_of_alpa]

I suggest you read the "dicta" because the APA and the company are gonna shove it up your rear!

Now, what we have is a failed scab union, about to be a former scab union, sitting on the outside looking in on the upcoming SLI.

Great stuff. Usapa was even stupid enough to make the point of boycotting the protocol meeting and filing a grievance to prove it will have no seat at the table once it is decertified!

DENIAL!  SAY IT....LIVE IT.....LOVE IT......WESTICLES!

 

[nic4us]

Keroseenuser...

AOL gets funded because the West is in the right, and uscaba is wrong...end of story and end of uscaba!

 

[end_of_alpa]

Keroseenuser...

AOL gets funded because the West is in the right, and uscaba is wrong...end of story and end of uscaba!

DENIAL!  SAY IT....LIVE IT.....LOVE IT......WESTICLES!

 

[GorgeousGeorge]

Agree completely, and as Phoenix has pointed out many times, the DFR question was extremely narrow to only cover the uscaba behavior in relation to the MOU.

Now we will wait and see how long the APA and the companyis willing to let the east/west food fight interfere with their plans.

So, we have another judges "dicta" basically outlining just how bad the scabs will lose if they ever get a non-Nic starring the APA in the face. I hear they are pissed off because Silver just kicked the can and it land squarely in their lap!

To quote Silver, "patience has run out with usapa". Bye bye!

The MOU is now the agreement covering any future seniority integration and it null and voided any prior agreements or status quo. The only way the East and West can be integrated is via the McCaskill-Bond process and that is based off the MOU of Dec 9, 2013. Nothing prior now has any relevance.

Actually the claim the West brought was contained in an order from July, one Judge Silver herself clarified for the West. "USAPA breached its [duty of fair representation] because it made a contract that abandons a duty to treat the Nicolau award as final and binding."

She just found the negotiating and ratifying the MOU did not. The MOU and the provision therein stand.

 

[luvthe9]

Keroseenuser...
AOL gets funded because the West is in the right, and uscaba is wrong...end of story and end of uscaba!

But that matters is the judge says USAPA is in the right.