2015 Pilot Discussion.

[EastCheats]

You still don't understand the message, but don't worry, you will get the message reissued each month.

Who appointed you to be the messenger? 😉

 

[Phoenix]

following the injunction issued by the 9th isn't "over reaching" it's the law. The East pilots, via their fake union, broke the law. Time to pay up.

 
 
Yeah, send a bill to the "East Pilots" and you will receive a check and a letter with "East Pilots" on the letter head.  Promise. 😀

 

[Phoenix]

The 4+ million out of the Easts share or the refund ought to reimburse the West for everything. Every single $675.00 tie included.

How much will the yellow usappy ties cost? Better hurry up. 75 days til show time. Gonna need a few million to play. Of course I believe Silver is going to slap any east committee with the Nic so my guess is no one ever shows up on behalf of the poor, misunderstood Easties. Better keep that in mind before you donate thousands of your hard earned dollars. I know I wouldn't trust any east guy with a dime. If they no-show. Expect your donation to go "poof" Anyway. Looks like you may have already spent your share of the 1.3 million. That means whatever east committee there may be, as of this writing, doesn't have a pot to piss in. 🙂

 
 
You paid dues to USAPA (and helped fund the litigation), and if there is ever a refund you will get it from USAPA (minus any litigation costs... i.e. awards.)....  
 
So you paid into USAPA to cover the lawyers and you helped pay for any fines.... any eventual refund will include reimbursement for neither.    
 
Don't spend it all in one place.  😀  
 
P.S.  Maybe you could upgrade your ALPA-refund boat...

 

[Metroyet]

 
 
Yeah, send a bill to the "East Pilots" and you will receive a check and a letter with "East Pilots" on the letter head.  Promise. 😀

stay tuned...

 

[A320 Driver]

Looks like Marcio is taking up where Johnny Mac left off on the C&R forums. Better pull him back again before ALL the AA guys write you off.

 

[traderjake]

Does what anyone says on a forum (anonymous or not) matter?

 

[Phoenix]

"even assuming USAPA breached its duty of fair representation, the misdirected injunction the majority imposes is erroneous and an abuse of discretion in view of the fact that USAPA is no longer a certified bargaining representative and, therefore, is not subject to the Railway Labor Act and can no longer be yoked with a duty of fair representation."
 
"the majority cites no legal authority to suggest that a union’s duty can ever extend beyond its certification as a bargaining representative under the Railway Labor Act or the National Labor Relations Act. Indeed, no authority supports that position." 
 
"the majority imposes a speech-restricting injunction made of whole cloth that has no legal basis, and may ultimately do more harm than good. "
 
 
It appears Tashima asserts the majority committed drive by justice, in the name of the 9th... will they tolerate it?  

 

[Phoenix]

Looks like Marcio is taking up where Johnny Mac left off on the C&R forums. Better pull him back again before ALL the AA guys write you off.

 
 
I am willing to personally donate $675 to a designated flight pay loss fund (with a lavish expense account) to support Marcio to be a traveling groupie to participate in all the crew news events (as long as Kirby guarantees Marcio is given the microphone at least once at each crew news event).  

 

[Claxon]

Looks like Marcio is taking up where Johnny Mac left off on the C&R forums. Better pull him back again before ALL the AA guys write you off.

Marcia is begging the LAA pilots to integrate east and west lists. Something they cannot and will not do. The west pilots are again facing the harsh scrutiny they can also expect from the arbs. They cannot impose the Nic on east pilots, although their latest farce implies they can.
Marcia , Whiner Wayne and Ray Ray are spinning their wheels.
The drama west pilots supply has provided comic relief to the C&R.

 

[traderjake]

A USAPA supporter predicting what we can expect from the Arbitration panel.
 
LMAO 

 

[Metroyet]

"even assuming USAPA breached its duty of fair representation, the misdirected injunction the majority imposes is erroneous and an abuse of discretion in view of the fact that USAPA is no longer a certified bargaining representative and, therefore, is not subject to the Railway Labor Act and can no longer be yoked with a duty of fair representation."[/size]
 
"the majority cites no legal authority to suggest that a union’s duty can ever extend beyond its certification as a bargaining representative under the Railway Labor Act or the National Labor Relations Act. Indeed, no authority supports that position." [/size]
 
"[/size]the majority imposes a speech-restricting injunction made of whole cloth that has no legal basis, and may ultimately do more harm than good. "[/size]
 
 
It appears Tashima asserts the majority committed drive by justice, in the name of the 9th... will they tolerate it?

Clearly a senile old man.

 

[CallawayGolf]

"even assuming USAPA breached its duty of fair representation, the misdirected injunction the majority imposes is erroneous and an abuse of discretion in view of the fact that USAPA is no longer a certified bargaining representative and, therefore, is not subject to the Railway Labor Act and can no longer be yoked with a duty of fair representation."
 
"the majority cites no legal authority to suggest that a union’s duty can ever extend beyond its certification as a bargaining representative under the Railway Labor Act or the National Labor Relations Act. Indeed, no authority supports that position." 
 
"the majority imposes a speech-restricting injunction made of whole cloth that has no legal basis, and may ultimately do more harm than good. "
 
 
It appears Tashima asserts the majority committed drive by justice, in the name of the 9th... will they tolerate it?  

[SIZE=10.5pt]All good points from Tashima really. An appeal to the SCOTUS might fix these issues of justices making law from the bench by fiat, but of course the SCOTUS does the same thing on a regular basis so they are just as guilty as the 9th Circuit on those issues. It is statistically unlikely that the SCOTUS would even look at this, but throwing millions at that process with a slim chance to get these points overturned still wouldn't change the majority's conclusion that USAPA failed to abide by their DFR and that its actions were blatantly discriminatory against the west pilots. The reality is all parties would have been better off if the 9th would have let Wake's original ruling stand as Bybee clearly understood at the time. The 9th's willful ignorance in not admitting that USAPA was formed to violate its DFR is the root-cause mistake that spawned a slew of other unnecessary legal processes that have cost everyone. Conrad and Silver would never have been involved if the injunction on USAPA would have closed the SLI section of the negotiations.[/SIZE]

 

[Phoenix]

[SIZE=10.5pt]All good points from Tashima really. An appeal to the SCOTUS might fix these issues of justices making law from the bench by fiat, but of course the SCOTUS does the same thing on a regular basis so they are just as guilty as the 9th Circuit on those issues. It is statistically unlikely that the SCOTUS would even look at this, but throwing millions at that process with a slim chance to get these points overturned still wouldn't change the majority's conclusion that USAPA failed to abide by their DFR and that its actions were blatantly discriminatory against the west pilots. The reality is all parties would have been better off if the 9th would have let Wake's original ruling stand as Bybee clearly understood at the time. The 9th's willful ignorance in not admitting that USAPA was formed to violate its DFR is the root-cause mistake that spawned a slew of other unnecessary legal processes that have cost everyone. Conrad and Silver would never have been involved if the injunction on USAPA would have closed the SLI section of the negotiations.[/SIZE]

Two things.. or three.
 
First, the SCOTUS name is not slandered by the drive by justice of the 3 judge panel acting on behalf of the 9th.   The 9th itself will have to decide if they will tolerate or acquiesce to two judges acting contrary to the 9th's and SCOTUS' precedents.   Maybe they will.  Maybe they won't.  
 
Secondly, USAPA's motive may have been bad, but that is not evidence of actual harm or DFR..... "it is not the existence of an illegitimate motive that turns a union action into a violation of the duty of fair representation. It is, instead, the absence of any legitimate motive."  (Emphasis in the original)
 
"In short, there is ample evidence to support the district court’s finding that USAPA acted, in part, from a legitimate motive when it negotiated to include Paragraph 10(h) in the MOU. In holding that the district court’s findings of fact were clearly erroneous, the majority mischaracterizes the district court’s decision and ignores the real threat that a ratification fight would have erupted if USAPA’s members believed the MOU would trigger an obligation to implement the Nicolau Award. Whatever faults USAPA might have, its decision not to link the MOU and the Nicolau Award was not “wholly irrational.” Id. (internal quotation marks omitted). On that ground alone, we should affirm."
 
And thirdly, the 9th panel never enjoined anyone to ever use the Nic for anything.  After doing somersaults to peer backwards at things gone by, the two judges could come up with absolutely nothing for the future.  Nothing at all was mandated for the future.  Nothing.  So WTF was their purpose in publishing on the "very eve" of the MB hearings?  The Arb panel isn't stupid (but have every reason to be miffed), and ironically may just go all "Nicolau" on the two judges for interfering with the MB process, that was clicking along just fine until they threw a grenade on the table.  
 
Will the Arbs be as acrobatic as the two judges were to take a "retrospective" philosophy, or will they be "prospective"?   They, unlike the judges, will actually mandate something for the future, and earn their pay.  
 
Grab your popcorn... The Court didn't muzzle Marcio.   😀

 

[CactusPilot1]

Looks like Marcio is taking up where Johnny Mac left off on the C&R forums. Better pull him back again before ALL the AA guys write you off.

He must be interfering with Trank's Usapian propaganda. Looks like it's working.

 

[snapthis]

He must be interfering with Trank's Usapian propaganda. Looks like it's working.

I love that liar getting called out. It's been fun to see him on the defensive.