2014 Pilot Discussion

[EastUS1]

Ya, that's it. West is going down!

 
Why be concerned? After all; aren't "you'se" supposedly a long-time "east pilot", Move2CLT? "Integrity Matters" is on one side of the T-shirts...What's on the back?..."Pathological Liars"?

 

[dca319]

 
Why be concerned? After all; aren't "you'se" supposedly a long-time "east pilot", Move2CLT? "Integrity Matters" is on one side of the T-shirts...What's on the back?..."Pathological Liars"?

He's not leaving, is he?

 

[EastUS1]

He's not leaving, is he?

 
Nah...Just looking around for the nearest flyswatter or can of insect spray.

 

[end_of_alpa]

Sounds good.

Oh, your wife says to stop and get milk on the way home. She'll be late tonight.

I guess I'm not her last one for the day.

Yeah, I know.  She's taking the last flight out of PHX tonight so She called and told me she needed hand sanitizer too because after she busted you and a couple of your West buddies in the jaws with her right cross she was afraid your blood might be HIV positive.  Fortunately a few of your fingers weren't busted as bad as the other guys.
 
Now should we stick to the relevant issues or do you still with to impress us with your legal parodies some more?

 

[luvthe9]

This kind of malignent disfunction of the US Airways pilot group is of grave concern to the AA pilot group. Does not bode well for an amicable integration.

kind of like the disfunction between American and the TWA guys from what we understand.

 

[snapthis]

 
Notice, he has challenged everyone to every contest except for a drinking contest.  It is the one he may actually win.
 
LOL, the lonely nights of drunken internet tough guy, I fear for the people in his life in the real world when he has nothing to post about any more.  One sad person he is...

 
Give him a break. For the last 5 years he's been thinking about Sully stealing his glory.

 
http://screen.yahoo.com/weekend-thursday-captain-roger-000000299.html

 

[end_of_alpa]

So, back here on Planet Earth, it will interesting to see who appeals first.  FRAP #4 says 30 days for one party and 14 days more for the additional party.  The decision was on the 10th so deadline is Feb 10th.  Will the Company appeal first or AOL?  I would venture a guess that AOL will appeal first and the company will follow shortly thereafter.  I do not believe the Siegal or Harper/Jacobs carry the day when Judge Silver was so "harsh" on USAPA.  If anything, I think the emotional dicta Judge Silver showed in her opinion, like these examples will only cause to continue delay for the Company, truly show their true hand in the appeals court and for AOL continue to provide false hope for the future.
 

"But inappropriately during the trial, from the well of the courtroom, Mr. Szymanski tried to offer testimony about why USAPA proposed these provisions. The Court refused to allow Mr. Symanski to offer unsworn statements about his motivations and invited him to take the stand, testify under oath, and be subject to cross-examination. He declined.  The evidence establishes, however, that Mr. Szymanski was motivated in large part simply by a desire to ensure the Nicolau Award never take effect.
 
 

So the Court DECLINED his unsworn statements about 10(h) but the EVIDENCE ESTABLISHES HIS MOTIVATION....NO NICOLAU IN HER OWN WORDS, I might add.
 

Mr. Szymanski’s actions on this point have been troubling. Pursuant to Arizona Rule of Professional Conduct 3.7, incorporated here by Local Rule 83.2(e), “[a] lawyer shall
not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless . . . the testimony relates to an uncontested issue . . . the testimony relates to the nature and value of legal services . . . or . . . disqualification of the lawyer would work substantial hardship on the client.” It does not appear that any of these exceptions apply and, given his central role in crafting the crucial portion of the parties’ agreement, Mr. Szymanski likely should have withdrawn from this case.

So why didn't the COURT, the Plaintiffs or the Company file a sanctioning motion for that very thing?  If it WAS "unprofessional conduct" why didn't she revoke his "pro hac vice"?  Why...what grounds did she have?  To say it but NOT do it is simply lip service.
 
 

It is crucial to note the terms of the MOU state that if arbitration pursuant to McCaskill-Bond is needed, it will not occur until after a new collective bargaining
representative for all pilots is certified. (Doc. 206-1 at 27, ¶¶ 135, 137). In other words, before a seniority arbitration can occur, a new certified representative will be in place for all
the pilots. US Airways shares this view of the timing issue.

 
She obviously read the MOU yet her "so-called" hatred of USAPA belies the FACT that the terms of the MOU apply and the terms of the MOU state:
 
 

26. APA shall file a single carrier petition with the NMB as soon as practicable after the Effective Date, when APA determines that the facts support the legal requirements for the filing of a petition but
in no event later than four months after the Effective Date. If and when the NMB makes a single carrier finding, the single carrier acknowledged by the NMB and the certified representative shall be
governed by this Memorandum.
 

So Judge Silver AGREES ALL THE TERMS of the MOU apply (so far) and Section 26 make it explicitly clear ANY CERTIFIED REPRESENTATIVE is governed by THIS MEMORANDUM (MOU).  She was correct with the long McCaskill-Bond analysis yet:
 
 

vi. USAPA’s Position is Unwise
 
USAPA has succeeded here but it is a Pyrrhic victory. As contemplated by the MOU, in the very near future an election will take place and a new representative will be chosen by all of the post-merger pilots. It is almost certain USAPA will lose that election. Once that happens, USAPA will no longer be entitled to participate in the seniority integration proceedings. The Court has no doubt that–as is USAPA’s consistent practice–USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority.
 
That is, having prevailed in convincing the Court that only certified representatives should participate in seniority discussions, once USAPA is no longer a certified representative, it will change its position and argue entities other than certified representatives should be allowed to participate. The Court’s patience with USAPA has run out. USAPA avoided liability on the DFR claim by the slimmest of margins and the Court has serious doubts that USAPA will fairly and adequately represent all of its members while it remains a certified representative. But all the Court can do at this stage is implore USAPA to, in the words of CAB, “make every effort to see that [the West Pilots’] are given extensive consideration, and that their interests are fairly and fully represented” during seniority integration. National Airlines, Acquisition, 84 C.A.B. 408, 477 (1979). And when USAPA is no longer the certified representative, it must immediately stop participating in the seniority integration.
 

This DICTA is the most HARMFUL to, above all, the West pilots because it gives them the belief that they are ENTITLED to victory but the COURTS can't give it and secondly she implied that USAPA deserves the "loss" of seniority arbitration yet fails to realize that most surely the West would only be "punished" worst by adding insult to injury.

 

[Winglet]

kind of like the disfunction between American and the TWA guys from what we understand.

The AA seniority list was legally settled over 10 years ago. It's not even remotely close to the depth of division and hate at US Airways. We don't want to inherit the kind of blood feud that is rampant now at US Airways.

 

[dca319]

Interesting to note that a buddy of mine at APA stated that the plan was to wait the full amount of time before filing for single carrier but Silver's ruling changed that. It looks more and more like the APA, company, and NMB are coordinating efforts to move this forward quickly and without USAPA.

Now I read that USAPA is opposing SCC based on non-integration which is ironic because that's the exact opposite of what they argued against ALPA those many years ago.

Sounds like the BPR sees this slipping away fairly quickly.

 

[dca319]

The AA seniority list was legally settled over 10 years ago. It's not even remotely close to the depth of division and hate at US Airways. We don't want to inherit the kind of blood feud that is rampant now at US Airways.

The APA and company wanted to see Silver settle this once and for all. Now that that didn't happen, their plan b was to take over the process complete to avoid that blood feud. That is exactly what Silver gave the APA.

 

[autofixer]

The AA seniority list was legally settled over 10 years ago. It's not even remotely close to the depth of division and hate at US Airways. We don't want to inherit the kind of blood feud that is rampant now at US Airways.

Too late.

 

[nic4us]

Hello east SCABs,

Word is uscaba is opposing the APA's single carrier petition.

Well, let me put it this way, another federal judge has called you SCAB to your face.

Your done, game, set, match!

The Nic will be integrated with the APA's list, and there is just nothing you can do about it.


Oh, and for NYC.....the guy who keeps calling Nicolau a senile old man, and the award an abomination and such.....FUCH YOU SCAB!

 

[Bill Brasky]

Hello east SCABs,

Word is uscaba is opposing the APA's single carrier petition.

Well, let me put it this way, another federal judge has called you SCAB to your face.

Your done, game, set, match!

The Nic will be integrated with the APA's list, and there is just nothing you can do about it.


Oh, and for NYC.....the guy who keeps calling Nicolau a senile old man, and the award an abomination and such.....FUCH YOU SCAB!

Dude, you're blowin' a gasket.  We'll see how it turns out in a few months, but if I were you I wouldn't be spending that widebody cash just yet.....

 

[767one]

Hello east SCABs,

Word is uscaba is opposing the APA's single carrier petition.

Well, let me put it this way, another federal judge has called you SCAB to your face.

Your done, game, set, match!

The Nic will be integrated with the APA's list, and there is just nothing you can do about it.


Oh, and for NYC.....the guy who keeps calling Nicolau a senile old man, and the award an abomination and such.....FUCH YOU SCAB!

I don't see anything to get so excited about. When the conditions for single carrier status are met it will happen. If their is no merit to usapa's opposition then single carrier will happen fairly soon. If there is merit to usapa's opposition single carrier status will still occur albeit at a somewhat later date.
All the best,
 
Bob

 

[767one]

The AA seniority list was legally settled over 10 years ago. It's not even remotely close to the depth of division and hate at US Airways. We don't want to inherit the kind of blood feud that is rampant now at US Airways.

Good luck with that!