2015 Pilot Discussion.

[cactusboy53]

[SIZE=12pt]MR. MOLLEN: Right. Right.[/SIZE]
[SIZE=12pt]But from our perspective, Your Honor, the Ninth Circuit has not ruled that the case isn't ripe, it held that it wasn't ripe.  [/SIZE]
 
[SIZE=12pt]Now that we've got the MOU in place and we're moving rapidly towards seniority integration under this merger the question of whether USAPA has to come to that particular integration process with a Nicolau-based list or not is ripe as it can be. It will never be more ripe.  We are there, we have reached that juncture…….[/SIZE]
 
[SIZE=12pt]NEAL D. MOLLEN, ESQ., DEBEVOISE & PLIMPTON LLP Special Aircraft Counsel to the Debtors[/SIZE]

[SIZE=12pt]US Bankruptcy Court Transcripts: April 3, 2013[/SIZE]

 

[cactusboy53]

Maybe you could change your name to "The Girl Scouts of America" and take another shot at it......
 
[SIZE=12pt]“In this instance, despite a year of negotiating efforts, there was no agreement on a list. Subsequently, the Representatives choose the Undersigned as Board Chairman and opted for the Med-Arb process. Those mediation efforts, held over the course of five days in October 2006, were similarly unsuccessful. Thereafter, the Parties agreed on the arbitration ground rules, and, pursuant to the Policy, each chose a Pilot Neutral from ALPA's Pilot Neutral Master List as a nonvoting member of the Arbitration Board.”[/SIZE]
 
[SIZE=12pt]George Nicolau, Mediator[/SIZE]

[SIZE=12pt]AWA/AAA Opinion & Award; May 07, 2007[/SIZE]

 

[cactusboy53]

If I was "you'se guys", I'd blame ALPA (oh wait, you already did).
 
[SIZE=12pt]“Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so.  By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized. An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.”[/SIZE]
 
[SIZE=12pt]Judge Roslyn O. Silver, Chief United States District Judge[/SIZE]

[SIZE=12pt]No. CV-10-01570-PHX-ROS ORDER; October 11, 2012[/SIZE]

 

[EastCheats]

The west pilot fantasy is that TOGA miraculously would restore a destroyed engine to full power.

Since the thrust levers were never placed in the TOGA detent, we will never know will we? 😉

 

[cactusboy53]

My buddy Luvr wrote:  "The APA has been given all the facts on the RICO deal along with all their videos, needless to to say they were very impressed."
 
Weren't impressed by?  Your arguments were SHUT DOWN by the courts TWICE??
 
After the term "DISMISSED WITH PREJUDICE" was used, here's what the Fourth District Court of Appeals had to say:
 
 
[SIZE=12pt]DIANA GRIBBON MOTZ, Circuit Judge:[/SIZE]
[SIZE=12pt]The US Airline Pilots Association ("USAPA") filed this action against the America West Airlines Pilots Protective Alliance, LLC ("AWAPPA") and several individual defendants pursuant to the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C.  The complaint, which seeks an injunction and damages, alleges that the defendants engaged in extortionate acts that constitute a pattern of racketeering activity. The district court granted the defendants’ motion to dismiss the complaint for failure to state a federal claim and thus lack of subject-matter jurisdiction. USAPA appeals, and we affirm.[/SIZE]

 

[cactusboy53]

[SIZE=12pt]The National Mediation Board on the subject of contract continuity:[/SIZE]
 

[SIZE=12pt]"When there is an agreement in effect between a carrier and its employees signed by one set of representatives and employees choose new representatives who are certified by the Board, the Board has taken the position that a change in representation does NOT ALTER OR CANCEL ANY EXISTING AGREEMENT [/SIZE]made on behalf of the employees by the previous representatives.  The only effect of a certification by the Board is that the employees have chosen other agents to represent them in dealing with the management under the existing agreement”

 
 
Hey, doesn't that mean you CAN NOT ALTER or CANCEL ANY EXISTING AGREEMENT?  Didn't a law firm tell Bradford that?  I think that was one of the admitted pieces of evidence (there's been SO MANY).  Delay, delay, delay.......

 

[cactusboy53]

Here's another admitted piece of evidence:
 
[SIZE=12pt]“Actually, it is USAPA that is needlessly delaying the resolution of the seniority dispute and jeopardizing the enforceability of the agreement the parties are able to reach. …….The arbitrator’s decision was to be final and binding on both pilot groups and was to be accepted by the Company so long as certain conditions were met.  The Nicolau Award has resulted in four years of litigation including a trial in federal court and jury verdict fining USAPA’s proposal for a non-Nicolau list to constitute an unlawful breach of the union’s duty of fair representation….”[/SIZE]
 
[SIZE=12pt]Paul D. Jones; Vice President – Legal Affairs and Chief Compliance Officer[/SIZE]

[SIZE=12pt]Exhibit 1 of  Declaration of Counsel; Case 13-15000, 02/20/2013[/SIZE]

 

[Phoenix]

Mikey and his pals opine:
 
“…The Arbitration Board conducts an evidentiary hearing, with witnesses, evidence and a stenographic transcript. The Board’s Opinion and Award are to be issued simultaneously, within 150 days following the PID, unless both pilot groups and ALPA’s President agree to an extension. The Merger Policy provides, “The Award of the Arbitration Board shall be final and binding on all parties to the arbitration and shall be defended by ALPA.” No ALPA seniority integration arbitration result has ever been set aside by the courts although some dissatisfied pilots have challenged the award before administrative agencies and the courts.”
US Airwaves June/July 2000
US Air Merger Committee Members: Todd Cardoza (PIT), Mike Cleary (BOS),Randy Mowery (PIT)

No seniority list has ever been effective/implemented without/contrary to a contract. So easy a cave man could get it. 😀

 

[luvthe9]

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT: BYBEE, Circuit Judge, dissenting:
 
Here, the absence of a CBA is itself powerful evidence of a DFR violation. As set forth quite fairly in the majority opinion and in a lengthy and careful opinion by the district court, the Air Line Pilots Association (“ALPA”) was decertified and a new union, the U.S. Airline Pilots Association (“USAPA”), certified precisely to frustrate implementation of the Nicolau Agreement and to negotiate a CBA with U.S. Airways that favors the East Pilots. As the district court found, “USAPA’s sole objective in adopting and presenting its seniority proposal to the Airline was to benefit East Pilots at the expense of West Pilots, rather than to benefit the bargaining union as a whole.” Thus, “the terms of USAPA’s seniority proposal are substantially less favorable to West Pilots than the Nicolau Award” made through binding arbitration, an award that “USAPA concedes that it will never bargain for.”
 
Yet another jurist fully exposing USAPA for exactly they they are and who they represent.

Ah, the biggest fool speaks.

 

[EastCheats]

No seniority list has ever been effective/implemented without/contrary to a contract. So easy a cave man could get it. 😀

I see, so your plan to avoid arbitration results with the APA to avoid a contract.....Brilliant

Kibry loves you, bonuses for P&K. 😉

 

[CactusPilot1]

Mikey and his pals opine:
 
[SIZE=12pt]“…The Arbitration Board conducts an evidentiary hearing, with witnesses, evidence and a stenographic transcript. The Board’s Opinion and Award are to be issued simultaneously, within 150 days following the PID, unless both pilot groups and ALPA’s President agree to an extension. The Merger Policy provides, “The Award of the Arbitration Board shall be final and binding on all parties to the arbitration and shall be defended by ALPA.” No ALPA seniority integration arbitration result has ever been set aside by the courts although some dissatisfied pilots have challenged the award before administrative agencies and the courts.”[/SIZE]
[SIZE=12pt]US Airwaves June/July 2000[/SIZE]
[SIZE=12pt]US Air Merger Committee Members: Todd Cardoza (PIT), Mike Cleary (BOS),Randy Mowery (PIT)[/SIZE]

 
Chameleons
 

 

[CactusPilot1]

I've got a question for you, ace. How many cans of fix-a-flat does it take to air up the tires on an Airbus? We have another aircraft going in for x-rays due to East professionalism. A 3.8 G landing is quite impressive. So, commander, do you not think it is not a good idea to push the thrust levers up to TOGA for a little extra power for things like a go-around? Do you use the climb detent to recover from an unstable approach?

TOGA is only a suggestion, right? 😉

They broke another one? Idiots
 
I wonder if Billy Mays could have survived their 3.8 G landing?


"Brash TV pitchman Billy Mays, whose ubiquitous ads for household products like OxiClean and Orange Glo made him a pop icon, was found dead at his Tampa home on Sunday morning.

The booming-voiced Mays, 50, died just hours after suffering a blow to the head during a rough plane landing on a US Airways flight."


 

 

[luvthe9]

Everybody hates west scabs.

 

[CactusPilot1]

Everybody hates west scabs.

 
It wasn't the West that Delta ran from when US Airways wanted to merge with them or United for that matter. It was the East radical scumbags.

 

[EastCheats]

Everybody hates west scabs.

Do they like pizza? 😉