2015 Pilot Discussion.

[traderjake]

 And the NIC is dead..... 

 

...and Kasher will pay.

 

[cactusboy53]

And the NIC is dead.....

East is not afraid of the next arbitration....

Right. That's what the Ninth said...or NOT. Not afraid of the next arbitration, you say? Why the delay, Alfalfa?

You crack me up. Keep that sense of humor, Junior. You're gonna need it.

 

[luvthe9]

The courts and the arbitrators "get it", agreed.

12 We decline to order the issuance of the West Pilots requested injunction
that an unmodified Nicolau Award must be used to order the seniority of the East
and West pilots in the pending McCaskill-Bond process.

9th Circuit Court of Appeals

4 While enjoining the USAPA Merger Committee from participating in the McCaskill-
Bond seniority integration arbitration, except to the extent that it advocates the Nicolau
Award, the Addington majority recognized that, given the requirement of a ratification
vote by all pilots for any joint collective bargaining agreement, it was unclear whether the
Nicolau Award would have been implemented fully but for USAPAs actions. Further,
the court expressly declined to order that an unmodified Nicolau Award be used to order
the seniority of the East and West pilots in the arbitration.

Arbitration Panel

 

[snapthis]

The courts and the arbitrators "get it", agreed.

12 We decline to order the issuance of the West Pilots requested injunction
that an unmodified Nicolau Award must be used to order the seniority of the East
and West pilots in the pending McCaskill-Bond process.

9th Circuit Court of Appeals

4 While enjoining the USAPA Merger Committee from participating in the McCaskill-
Bond seniority integration arbitration, except to the extent that it advocates the Nicolau
Award, the Addington majority recognized that, given the requirement of a ratification
vote by all pilots for any joint collective bargaining agreement, it was unclear whether the
Nicolau Award would have been implemented fully but for USAPAs actions. Further,
the court expressly declined to order that an unmodified Nicolau Award be used to order
the seniority of the East and West pilots in the arbitration.

Arbitration Panel

 
 
FOR PUBLICATION
 
 
 
UNITED STATES COURT OF APPEALS
 
FOR THE NINTH CIRCUIT
 
 
USAPA’s manifest disregard for the interests
of the West Pilots and its discriminatory conduct towards them constitutes a clear
breach of duty. Accordingly, we reverse the district court’s conclusion that
USAPA did not breach its duty of fair representation and remand with instructions
to enjoin USAPA from participating in the McCaskill-Bond proceedings except to
the extent that USAPA will advocate the Nicolau Award. On remand, the district
court should consider the West Pilots’ claim for attorneys’ fees.
 
 
No one should forget that we were completely prepared to present and defend the Nicolau Award as the basis of our seniority proposal prior to the Ninth Circuit's decision, and that decision only strengthens our ability to do so, irrespective of what the SLI process may look like and what some newly appointed East pilots' committee may argue.
 
Sincerely,
 
The West Merger Committee
 
 
 
 
 
 

 

 

[CactusPilot1]

I guess I missed it. Exactly WHY did NO east pilots lift a finger to fund your new unelected "not USAPA " group? Were you just relying on the old standard operating procedures? The ones where you think someone else will pay your way for you? Just spend the 1.3 million from the APA. The 14 named defendants will just have to pony up a little more. They already owe 3.5 million....what's 4.8 matter?

 
Give them credit, they know it's throwing good money after bad.
 

 

[CactusPilot1]

Delta is hiring, and they don't have a base in PHX.  Anyone can escape the fishbowl, if they really want to.  

Fishbowl?
 
USAPA is nothing but a yellow submarine without a periscope.
 

 

[nevergiveup]

Fishbowl?
 
USAPA is nothing but a yellow submarine without a periscope.
 

But very effective!

 

[EastCheats]

Fishbowl?
 
USAPA is nothing but a yellow submarine without a periscope.
 

 
I wonder if they have new yellow lanyards which matches the yellow tape around their decertified 'union"  HQ?
 

 

 

[Phoenix]

Fishbowl?
 
USAPA is nothing but a yellow submarine without a periscope.
 

 
 
I didn't describe PHX as a fishbowl.... that was some of your dear leaders hired in about 2005.  If you don't like their description you can stop your monthly donations.  

 

[EastUS1]

Fishbowl?
 
USAPA is nothing but a yellow submarine without a periscope.
 

 
Sigh...Kids these days....No appreciation for even the Beatles. "What sad times these are...." 😉
 
"There is a pestilence on this land"...
 
https://www.youtube.com/watch?v=0Jar5y4ylSM
 
 
Hmm...4 "minus votes" immediately? Did I mention no appreciation for even Monty Python? Whew! Some of the widdle fishies out in PHX must clearly have their poor widdle tails seriously sucked up into the bowl's filtration pump intakes lately...assuming any filtration system even exists there, of course. 🙂 Perhaps a fully toxic enviornment to even swim around in would explain much though....

 

[EastUS1]

Popping in to see the east hole desperation... truly priceless!!!   
Remember clowns, according to ya'll the Nic is dead!!!  ROTFLMAO
 
So, why are you deathly afraid of the next arbitration???
 
Idiots!!!

 
https://www.youtube.com/watch?t=17&v=puxjydfIkAM

 

[EastUS1]

 

 

...and Kasher will pay.
 

 
https://www.youtube.com/watch?v=waf46eBajkw

 

[EastCheats]

 
Sigh...Kids these days....No appreciation for even the Beatles. "What sad times these are...." 😉
 

 

 

 

[EastUS1]

"Back in my day Pluto was a planet"
 

 
Cute little cartoon kid, and thanks for the always predictable laughs princess, but: 
"Pluto didn't turn out to be a relatively featureless planet with a foggy nitrogen rich atmosphere as was expected. 
'It has turned out to be a complex and interesting world. 
'For the very first time we know that.' 
 
http://www.dailymail.co.uk/sciencetech/article-3160464/Nasa-s-New-Horizons-probe-captures-Pluto-stunning-detail.html
 
No matter really. It's not like anyone ever expected to see any great "minds"  projecting from "sparta" ...and what does even NASA know that should concern an ignorant little "spartan" anyway? After all; they only put men on the moon...and "you'se" did actually manage to get a job as a purely laughable excuse for a "pilot" at AWA. 😉
 
http://www.nasa.gov/audience/forstudents/k-4/stories/nasa-knows/what-is-pluto-k4.html

 

 

[Claxon]

 
JULY 2015
 
"The Panel is well aware of the strictures at page 54 of the 9th CA Opinion in D.C
No. 2:13-cv-00471-ROS.
 
SLI Board of Arbitration panel

August 2015 9th Circuit Court finding quote, page 54 below;
 
"Because a good faith attempt to
implement the Nicolau Award would have ultimately required a ratification vote
by all the pilots, and we cannot know what the results of such a vote would have
been, we can never be certain whether efforts to implement the Nicolau Award
through a collective bargaining agreement with US Airways would have
succeeded. See Addington I, 606 F.3d at 1179.
We conclude that injunctive relief is necessary and appropriate in this case
to prevent the East Pilots from continuing to enjoy the benefits of USAPA’s breach
at the expense of the West Pilots. Although there remains some ambiguity over
whether the Nicolau Award would have been adopted in, to conclude, as does
the dissent, that the West Pilots may not obtain any relief at all is to grant USAPA
the benefit of doubt that USAPA itself created. We thus remand this case with
instructions to the district court to enter an order enjoining USAPA from
participating in the McCaskill-Bond seniority integration proceedings, including
any seniority-related discussions leading up to those proceedings, except to the
extent that USAPA advocates the Nicolau Award.12 See Bernard, 873 F.2d at
 
12 We decline to order the issuance of the West Pilots’ requested injunction
“that an unmodified Nicolau Award must be used to order the seniority of the East
and West pilots in the pending McCaskill-Bond process.” Although we have
approved injunctions against nonparties, see SEC v. Wencke, 622 F.2d 1363, 1370"
(continued...)
PAGE 54
9th Circuit Court
 
http://leonidas.cactuspilots.us/West_Pilot_DFR_DJ/9th_Circuit_Ruling.pdf
 
West pilots before you unveil the cursed west celebration tent and chairs, forget the dicta and go to the remedy and injunctive part of Judge Silvers future order, the Arbitration panel was wise enough to do so. 
 
Do not trust the rose colored glasses cactusboy and AOL will use.