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2014 Pilot Discussion

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snapthis said:
It's DJ MC spinning the results, once again it's a drunken dance party. AOL is out of money, West pilots have given up. Here's the reality,.
This guy was 29 years in the jungle before he gave up.
 
dca319 said:
Gave up on DOH?
You have to earn your seniority now sir.  Thanks for providing an outlet for those that made you work more for it.
 
Reading how you are flopping like a fish out of water now, priceless.
 
Claxon said:
Back at ya..

Lunatic fringe
I know you're out there
You're in hiding
And you hold your meetings

I can hear you coming
We know what you're after
We're wise to you this time
We won't let you kill the laughter

Lunatic fringe
In the twilight's last gleaming
This is open season
But you won't get too far

'Cause you gotta blame someone
For your own confusion
But I'm on guard this time
Against your final solution

We can hear you coming
No you're not going to win this time
.........
http://www.watch?v=8TvXoXA-_rQ&sns=em
 
snapthis said:
Lunatic fringe
I know you're out there
 
 
Indeed:
 
http://www.youtube.com/watch?v=YT8H9smpK3U&list=PL5DCDEE4D2ADA2659&feature=c4-overview-vl
 
 
 
 
http://www.youtube.com/watch?v=pIfKKw-kvPo
 
dca319 said:
I wonder why there's no protocol agreement yet.
You have been very patient (for years) in your hope to get the Nic. Show a little patience for something that started less than two months ago. 😀
 
Filed today


US Airways is asking the Court only to modify its Order,
through the deletion of Footnote 15, so that the Order cannot be construed to prohibit the
APA – once it becomes the single certified collective bargaining representative for all premerger
US Airways and pre-merger American pilots – from creating and delegating
authority to merger committees to represent the disparate seniority interests of pre-merger
US Airways and pre-merger American pilots.
In Footnote 15 of the Order, the Court stated: “The MOU contemplates the need
for arbitration but also requires the post-merger carrier remain neutral. Under the Court’s
reading of McCaskill-Bond, there will be no need for arbitration because, based on
explicit language in the MOU, prior to the arbitration, there will have been an election and
there will be only one certified representative for all pilots.
 
flyboeing737 said:
Company filed some interesting documents today in federal court.
Very interesting indeed. You know what that means, don't you?
 
snapthis said:
Filed today


US Airways is asking the Court only to modify its Order,
through the deletion of Footnote 15, so that the Order cannot be construed to prohibit the
APA – once it becomes the single certified collective bargaining representative for all premerger
US Airways and pre-merger American pilots – from creating and delegating
authority to merger committees to represent the disparate seniority interests of pre-merger
US Airways and pre-merger American pilots.
In Footnote 15 of the Order, the Court stated: “The MOU contemplates the need
for arbitration but also requires the post-merger carrier remain neutral. Under the Court’s
reading of McCaskill-Bond, there will be no need for arbitration because, based on
explicit language in the MOU, prior to the arbitration, there will have been an election and
there will be only one certified representative for all pilots.
 
 
Judge Silver clearly took no action to alter the MOU, though the plaintiff and their friends begged her to alter it.  It of course remains dispositive concerning any proposed actions by any of the parties that signed the contract.  If the lawyers want permission to act in a way other than the MOU they can negotiate changes with the parities to it. 😀
 
If the US Airways/American pilots seniority-integration process is not completed
before the National Mediation Board certifies the APA as the single collective bargaining
representative for all of the post-merger (US Airways and American) pilots, the Courts
Order instructs that US Airways/American and the APA will both be responsible for
ensuring that the pilot seniority lists are integrated in a lawful manner and in accordance
with a lawful procedure. (See Order, Footnote 11 at 15:23-28, & 20:4-17.) In order to
avoid potential confusion, to provide maximum flexibility to resolve the seniority
integration dispute in a manner consistent with McCaskill-Bond and the APAs duty of
fair representation to all employees (Order at 20:7), including by means of an arbitration
between merger committees, and to reduce the possibility of future legal challenges to the
integrated seniority list that ultimately is generated,6 US Airways respectfully requests
that the Court delete Footnote 15 in its Order a footnote which is not essential to the
Courts holding regarding the status of the West Pilots in the McCaskill-Bond process.

CONCLUSION
For the foregoing reasons, US Airways respectfully requests that the Court grant its
motion to correct the Courts Judgment pursuant to Rule 60(a) and to modify the Courts


Dated: February 7, 2014
OMelveny & Myers LLP
By: /s/Robert A. Siegel
 
Pi brat said:
Very interesting indeed. You know what that means, don't you?
 
 
It reminds of what they did when they asked Silver to clarify her DJ order was binding on all West pilots.  I can't imagine the company would be stupid enough to ask Judge Silver to amend her ORDER in a way that would require her to make a declaratory judgement of the MOU terms... not as part of a DFR trial that has already concluded.  
 
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