2015 Pilot Discussion.

[Claxon]

 
Thursday, October 15.  The official MB SLI BOA proceedings. 
 
RECROSS-EXAMINATION

{(Q. BY MR. WILDER:,
 
A. Jalmer Johnson alpa, expert wittiness, now apa pilot expert
witness.)}
 
 
Q. I take it that -- it's a fair
characterization of your opinion concerning the
likelihood of a single Collective Bargaining
Agreement being reached during the premerger US
Airways pilots that due to the dispute concerning
the Nicolau Award, irrespective of USAPA's actions,
such an agreement would not likely have conclude.
In other words, whether USAPA failed to
reach the Tentative Agreement to put out, or it
wasn't ratified, you believe that it is not likely a
single agreement would have been reached.

A. Correct.

Q. Okay. And yet your client (american pilots sli committee) is using as the basis for its proposal the premerger ordering of US
Airways pilots under the Nicolau Award the
requirement of which is the JCBA, which you believe
8 would not likely have been reached.
So --
A. Okay.
Q. -- they don't agree with you.
Let me finish.
A. I thought you had asked the question.
Q. They don't agree with you or are they
talking about something else?
Can you square that circle for me?
MR. KENNEDY: I'll object to the question.
It's beyond the scope of the direct.
ARBITRATOR VAUGHN: Noted, allowed.
THE WITNESS: I think they're two separate
issues.
I think the assessment as to whether or
not USAPA and US Airways could have gotten to a
single CBA, obviously, has a bearing on premerger
compensation expectations.
And I think it's also in that context
probably important to note that if you look at the
standard that has been used in prior integration
proceedings regarding gains, it doesn't even go to
that level.
The other mergers simply focus on
premerger CBA, post merger JCBA. So I -- it's
always a step beyond to look at is there a
likelihood that a CBA would take place.
But I think that issue is completely
separate from the AAPSIC's decision to construct a
seniority list based on two lists using the Nicolau
Award.
BY MR. WILDER:
Q. And so if I can understand the answer you
just gave, really your conclusion that no JCBA would
have reached premerger is sort of immaterial to the
actual analysis you were doing?
A. It really is secondary because the primary
is we knew what the premerger CBAs were.
We know what the JCBA is. And therefore,
we know what the gains are under the methodology
that I used.
Q. Thank you for clarifying.
MR. WILDER: No more questions.

 

[Claxon]

 
9TH Circuit Court of Appeals ruling.

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.”

Judge Silver mandate

The West Pilots appear to make two arguments in seeking a broader injunction.
First, they argue “the new East Pilots Merger Committee is merely a continuation of the
USAPA Merger Committee; i.e., the new East Merger Committee is just wearing a new
nametag (‘APA’).” (Doc. 317 at 5). Thus, a broader injunction would merely recognize
that changing names does not prevent the injunction from applying. And second, the
West Pilots argue that even if the new East Pilots Merger Committee is distinct from
USAPA, the injunction should reach the new committee to preserve the remedy the Ninth
Circuit envisioned. Neither argument is convincing.

 

[cactusboy53]

"American CEO Doug Parker has been at the center of two of the five megamergers since 2005. He was at the helm of America West when it acquired and took the name of US Airways in 2005. And US Airways under Parker helped initiate the merger with American."  USA Today October 16, 2015

 

[cactusboy53]

[SIZE=12pt]“….This means that the new East Pilots Merger Committee will have to decide whether it is, in face, subject to the injunction….But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award.  Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions.  The new committee members and their counsel must decide, at their substancial peril, whether they are subject to the injunction…”[/SIZE]
[SIZE=12pt]Roslyn O. Silver                                                                                                       22 September 2015[/SIZE]

[SIZE=12pt]Senior United States District Judge[/SIZE]

 

[cactusboy53]

[SIZE=12pt]US Court of Appeals for the Ninth Circuit                                                                       26 June 2015[/SIZE]
 

[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation.  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..”[/SIZE]

 

[cactusboy53]

[SIZE=12pt]From “A Conversation with an Attorney” - between Bradford &  Chris Katzenbach of Katzenbach and Khitikan, a labor law firm (Chris Katzenbach point):  “Don't give the other side a large body of evidence that the sole reason for the new union is to abrogate an arbitration, the Nicolau award, that in the opinions of most judges, should be allowed to stand due to no gross negligence or fraud.” [/SIZE]
 

[SIZE=12pt]This in response to Bradford saying the following:  “I next specifically asked him about the formation of a new bargaining agent as an avenue of advance to get around this award…”[/SIZE]

 

[cactusboy53]

Dave does nothing but lie, he is an old desperate man going nowhere in his self induced fishbowl, Wye, I think we all know.

[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]

 

[cactusboy53]

 
Emotionally struggling a bit of late son? Perhaps just another mighty cry of "This is Sparta!", or "My MOTHER" would make everything OK?
 
Grow Up, and at least try to pretend to be a "man."
 
Per: "but I'll see you soon." My wager's always open..."I'm your huckleberry". I'd love little better than to "see you soon"...So? 😉
 
I wouldn't wish to call upon the souls of our departed MOTHERS though, since mine would chide me for even attempting unfair "battle" of any kind with a helpless child.

 
Here's the problem, Michael.  If you and I were to square off in your "little challenge" and I were to fairly and squarely win this little challenge...you would most assuredly cry foul and demand a "do-over".  My mother taught me to not play with known liars and cheats.  I guess that leaves you out.
 

• DRINK
• POST
• DRINK SOME MORE
• ISSUE CHALLENGE
• DRINK
• REPEAT..

 

[cactusboy53]

[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]

 

 

[Claxon]

 
[SIZE=12pt]US Court of Appeals for the Ninth Circuit                                                                       26 June 2015[/SIZE]
 

[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation.  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..”[/SIZE]

 

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.”
 
[SIZE=12pt]US Court of Appeals for the Ninth Circuit  [/SIZE]

 

[Claxon]

The West Pilots appear to make two arguments in seeking a broader injunction.
First, they argue “the new East Pilots Merger Committee is merely a continuation of the
USAPA Merger Committee; i.e., the new East Merger Committee is just wearing a new
nametag (‘APA’).” (Doc. 317 at 5). Thus, a broader injunction would merely recognize
that changing names does not prevent the injunction from applying. And second, the
West Pilots argue that even if the new East Pilots Merger Committee is distinct from
USAPA, the injunction should reach the new committee to preserve the remedy the Ninth
Circuit envisioned. Neither argument is convincing.
 
Judge Silver, District Court of Arizona

 

[Claxon]

Integrity shown by the american pilots during the current MB SLI proceedings.
 
american pilots; "the 9th ruling made us use the nic;;;"
 
9th ruling;
 
"9TH Circuit Court of Appeals ruling.

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.”"

 

[Claxon]

west pilot integrity;  "we west pilots are using the nic because of what the 9th ruled"..
 
"do not forgot about Judge Silver's dicta....."
 

 
9TH Circuit Court of Appeals ruling.

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.”

Judge Silver mandate

The West Pilots appear to make two arguments in seeking a broader injunction.
First, they argue “the new East Pilots Merger Committee is merely a continuation of the
USAPA Merger Committee; i.e., the new East Merger Committee is just wearing a new
nametag (‘APA’).” (Doc. 317 at 5). Thus, a broader injunction would merely recognize
that changing names does not prevent the injunction from applying. And second, the
West Pilots argue that even if the new East Pilots Merger Committee is distinct from
USAPA, the injunction should reach the new committee to preserve the remedy the Ninth
Circuit envisioned. Neither argument is convincing.

 

[Claxon]

Latest  company info;
 
"Originally this quarter was to include new Basic International                  
Qualification (BIQ) training for all LUS PHX A320 pilots and E190               
pilots; phase one of three phases, aimed at integrating International           
qualifications. Due to constraints with the rollout of PSS and limitations      
with FOS, we have necessarily had to delay this training until next year."

 

[Phoenix]

The Fishbowl will be limited to freshwater (no salt water hall-pass) for the foreseeable future.