2015 Pilot Discussion.

[EastCheats]

I predict a long hot summer in PHX.

When is the next PHX crew news due out? I hope not till around late July.
Give a little time for the initial late June SLI meetings and there indicated direction to set in.

I'm gonna stock up on popcorn for that.

 
Long hot summer in Phoenix, brilliant.
 
Do you predict hurricanes during hurricane season as well?
 

 

[CAVOK]

"....I'm married to a F/A and he impressed me with his consideration of them..... "
 
 
Too funny. Such high standards! But what a novel concept: a pilot married a flight attendant. I am sure that F/Os don't run into that very often. 

 

[EastCheats]

I'm married to a F/A and he impressed me with his consideration of them. 

 
Impressed with his weather briefing to the F/A's? It's going to be hot in Phoenix.
 
Uh, OK 😉

 

 

[im back..!!]

Long hot summer in Phoenix, brilliant.
 
Do you predict hurricanes during hurricane season as well?

Actually no, I'm not predicting any weather pattern, nor am I saying the summer season will be any "long"re than before.

I was referring to the perception from different perspectives, ie; East vs West pilot groups.

Since it needs explaining to you, allow me to give you another example, this one using time only since it will traverse several seasons.

How far away is 2017. About 18 months.

To an Eastie that's about 6 equipment bids based on predicted attrition (not counting medicals).
To a westy it's an eternity (based on the most recent PHX crew news).

Does that about clear it up for you? ;-)

 

[CactusPilot1]

Actually no, I'm not predicting any weather pattern, nor am I saying the summer season will be any "long"re than before.
I was referring to the perception from different perspectives, ie; East vs West pilot groups.
Since it needs explaining to you, allow me to give you another example, this one using time only since it will traverse several seasons.
How far away is 2017. About 18 months.
To an Eastie that's about 6 equipment bids based on predicted attrition (not counting medicals).
To a westy it's an eternity (based on the most recent PHX crew news).
Does that about clear it up for you? ;-)

I predict that you will spend the rest of your career identified as a Usapascab.

 

[cactusboy53]

You are honestly incompetent. How can you offer up an OPINION rather than a ruling?
Until you offer up a court ruling, you are merely blowing smoke. As usual.

Well Spike, you seem to frequently post snippets of conversations & Crew News from Parker & Kirby (mind you only those that support your weak argument). I merely posted an ACTUAL exhibit from a court proceeding.

Why don't you give us another emotional response. Or better yet another 25 year old video or newspaper story.

Have a great day. I know I will.

 

[cactusboy53]

Is the OPINION of an arbitrator law? NO. Arbitrators can have opinions, and this one seems to agree with you. But it has no legal standing until it is delivered in an award. You merely reference the line of questioning of an arbitrator, not the final award.
You have done the PHX pilots a massive injustice by not understanding the issues.

That piece was just another example of ANOTHER jurist uncovering Pauley / USAPA's plans to ATTEMPT to evade a binding arbitration. Real men of genius.

 

[EastUS1]

Why don't you give us another emotional response. 

 
Why? It would be hopelessly futile to even try to compete at the level of those demonstrated during that PHX Town Hall meeting.  Have fun with all your "leeteegashun" and any/all hollow chest-thumping that best suits "you'se"....Sigh...Meanwhile, back in the real, world life goes on as usual with yet another fine day of "spartan"-free cockpits.

 

[EastUS1]

I predict that you will spend the rest of your career identified as a Usapascab.

 
Considering that such as yourself have repeatedly posted your complete contempt for even Captain Sullenberger; one must reasonably take typically childish insults from "spartans" as high praise indeed.
 
I'm sure we'd all still enjoy a detailed explanation of your "TOGA" fantasy and how any of you would've better commanded FLT1549....?

 

[Claxon]

Well Spike, you seem to frequently post snippets of conversations & Crew News from Parker & Kirby (mind you only those that support your weak argument). I merely posted an ACTUAL exhibit from a court proceeding.
Why don't you give us another emotional response. Or better yet another 25 year old video or newspaper story.
Have a great day. I know I will.

You will have another great day, because you sail through life misleading and lying to your pilots who relied on you. All you provide are exhibits. Even Charles Manson and the Boston Bomber had them. You cannot provide one single ruling in court that supports you. And when confronted you take the typical deflection mode of using your emotional accusation.
Try countering the 9 th you charlatan.


First and foremost, plaintiffs cannot explain, nor do they try, how irreparable injury follows from this Court’s finding that there is no injury at all. As this Court already determined, because no seniority term exists, because it has yet to be negotiated, there is no harm, hence the case is not ripe. Addington v. US Airline Pilots Ass’n, 606 F.3d 1174, at *10 (9th Cir. 2010) (“We conclude that this case presents contingencies that could prevent effectuation of USAPA's proposal and the accompanying injury”). And, in making the lack of injury determination, this Court necessarily rejected plaintiffs’ theory of their case that a failure to implement a predecessor union’s proposal – one even the former union was free to drop – is somehow a violation of the duty of fair representation. Id. at *14, n.3 (“USAPA is at least as free to abandon the Nicolau Award as was its predecessor”). Hence, under the law of this case, that bare possibility cannot constitute injury now, or ever. Second, plaintiffs admit that it is merely speculative (“it might”) that the imagined harm, a date of hire seniority term, is ever negotiated, ratified, and executed. Stays may be denied even with a showing of irreparable harm, but without such showing denial is required. Chrysler LLC, 129 S. Ct. 2275 (2009)

4




They claim that the Supreme Court would reverse because, “this case will encourage other unions to refuse, in bad faith, to implement an arbitrated seniority integration” (DktEntry 52 at 1-2), when this Court has already found the Nicolau arbitration was merely “the product of the internal rules and processes of ALPA.” Addington, 606 F.3d 1174, at *15, n.3. But there is no arbitration that USAPA was ever a party to anywhere in this record. And the district court properly dismissed (and plaintiffs did not appeal) the removed state claim, which asserted the pilots themselves were a party. There not only is no ‘federally mandated’ arbitration, there is no arbitration at all, merely a predecessor union’s bargaining proposal.



Plaintiffs also claim that this Court’s disposition would “thwart important federal labor policy – evidenced by the 2007 passage of the McCaskill-Bond bill”(DktEntry 52 at 2).3 But there is no dispute, let alone any claim, that McCaskill is not applicable, nor could it be for several reasons, procedural as well assubstantive. Even if McCaskill were applicable, arbitration is not mandatory, rather, as plaintiffs concede, only utilized, ‘if necessary.’ Plaintiffs’ McCaskill argument is a red-herring.

 

[luvthe9]

Well Spike,

Why don't you give us another emotional response. Or better yet another 25 year old video or newspaper story.
Have a great day. I know I will.

"Emotional", you are the queen of emotion, worse than a chick with a bad case of pms.



So is it Mike or Spike, you kids crack me up.

 

[luvthe9]

Long hot summer in Phoenix, brilliant.
 
Do you predict hurricanes during hurricane season as well?

We predict continued stagnation..........

 

[Freighterguynow]

That piece was just another example of ANOTHER jurist uncovering Pauley / USAPA's plans to ATTEMPT to evade a binding arbitration. Real men of genius.

The West pilots agreed - no contract no list.

The East pilots were not beholden to you to get one.

Yet again, as displayed in PHX crew news, 98% voted yes to the MOU then stand up and ***** about the lack of an implementation time line.

You voted for it sunshine so sit down.

 

[Claxon]

The West pilots agreed - no contract no list.
The East pilots were not beholden to you to get one.
Yet again, as displayed in PHX crew news, 98% voted yes to the MOU then stand up and #### about the lack of an implementation time line.
You voted for it sunshine so sit down.

Cactus boy 53 is the David Koresh of PHX.
Even his leader Scott Kirby got it. Someone said Scott actually enjoys laying it on the PHX pilots in the Town Halls, then he and Doug laugh about it at dinner.
Will David Simmons answer his own leader? Doubt it. Dave will say you are emotional or something, then change the subject. Dave should be selling vacuum cleaners or juicers at random hours between 1 and 4 am.



In the US Airways America West case, it went to binding arbitration but there was a requirement as part of that that the two unions negotiate a joint contract with the company, which wasnt done yet.

And because it wasnt done yet, the side that didnt like it could prevent a joint contract from getting done. And because of that, the seniority integration never happened."

Scott Kirby



First and foremost, plaintiffs cannot explain, nor do they try, how irreparable injury follows from this Courts finding that there is no injury at all. As this Court already determined, because no seniority term exists, because it has yet to be negotiated, there is no harm, hence the case is not ripe. Addington v. US Airline Pilots Assn, 606 F.3d 1174, at *10 (9th Cir. 2010) (We conclude that this case presents contingencies that could prevent effectuation of USAPA's proposal and the accompanying injury). And, in making the lack of injury determination, this Court necessarily rejected plaintiffs theory of their case that a failure to implement a predecessor unions proposal one even the former union was free to drop is somehow a violation of the duty of fair representation. Id. at *14, n.3 (USAPA is at least as free to abandon the Nicolau Award as was its predecessor). Hence, under the law of this case, that bare possibility cannot constitute injury now, or ever. Second, plaintiffs admit that it is merely speculative (it might) that the imagined harm, a date of hire seniority term, is ever negotiated, ratified, and executed. Stays may be denied even with a showing of irreparable harm, but without such showing denial is required. Chrysler LLC, 129 S. Ct. 2275 (2009)

4




They claim that the Supreme Court would reverse because, this case will encourage other unions to refuse, in bad faith, to implement an arbitrated seniority integration (DktEntry 52 at 1-2), when this Court has already found the Nicolau arbitration was merely the product of the internal rules and processes of ALPA. Addington, 606 F.3d 1174, at *15, n.3. But there is no arbitration that USAPA was ever a party to anywhere in this record. And the district court properly dismissed (and plaintiffs did not appeal) the removed state claim, which asserted the pilots themselves were a party. There not only is no federally mandated arbitration, there is no arbitration at all, merely a predecessor unions bargaining proposal.



Plaintiffs also claim that this Courts disposition would thwart important federal labor policy evidenced by the 2007 passage of the McCaskill-Bond bill(DktEntry 52 at 2).3 But there is no dispute, let alone any claim, that McCaskill is not applicable, nor could it be for several reasons, procedural as well assubstantive. Even if McCaskill were applicable, arbitration is not mandatory, rather, as plaintiffs concede, only utilized, if necessary. Plaintiffs McCaskill argument is a red-herring.

 

[im back..!!]

I predict that you will spend the rest of your career identified as a Usapascab.

Tell it to my banker baby.... I'm printing those Benjamin's.....

You sister calls me daddy, what's in a name.....