2015 Pilot Discussion.

[EastUS1]

cactusboy53: "If they use the Nicolau award.."
 
"If"? OK then. Over 8 plus years of insanely self-righteous and incurably infantile "spartan"..umm..."soldier" idiocy (and who could even begin to count all the always-imminent threats and "T-minus" countdown clocks?)...I think we're pretty much done here folks.
 
Only time will answer any "If" and tell the tale.
 
I'll spare "you'se" further needless reply cactusboy: Neither "My MOTHER" nor "Dorothy" and/or childish fantasies of ruby slippers actually apply at any level here...and just wtf sort of pathetic excuse for a grown "man" would ever call "My MOTHER" into "supportive" public discussion for I'll leave to the readers to best determine. NO disrespect at any level meant toward that Lady's soul, but perhaps it's past time you at least attempt to grow up.

 

[cactusboy53]

cactusboy53: "If they use the Nicolau award.."
 
"If"? OK then. Over 8 plus years of insanely self-righteous and incurably infantile "spartan"..umm..."soldier" idiocy (and who could even begin to count all the always-imminent threats and "T-minus" countdown clocks?)...I think we're pretty much done here folks.
 
Only time will answer any "If" and tell the tale.
 
I'll spare "you'se" further needless reply cactusboy: Neither "My MOTHER" nor "Dorothy" and/or childish fantasies of ruby slippers actually apply at any level here...and just wtf sort of pathetic excuse for a grown "man" would ever call "My MOTHER" into "supportive" public discussion for I'll leave to the readers to best determine. NO disrespect at any level meant toward that Lady's soul, but perhaps it's past time you at least attempt to grow up.

 
Look Michael.  It's really not that tough to understand.  Your group agreed to a process, and the product of that process.  You don't even have to believe me.  Here's the statement from the George Nicolau:
 
[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]
 
[SIZE=12pt]Heck!  US Air PICKED Arbitrator Nicolau!![/SIZE]
 
[SIZE=12pt]Further, it is opined by the company VP Paul Jones that USAPA is the party responsible for the unnessary delay (this statement in the recently OVERTURNED Silver verdict):[/SIZE]
 
 
[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]


 
Have you FAILED to read the arbitration transcripts?  Have you not read the court proceedings in full?  Are you really that morally bankrupt & lacking character that you think we are to blame?
 
Never mind.  Your posts do indicate that you are just fine with the path that USAPA has led us down.  You are just fine with the persecution, prosecution and damage that USAPA / its supporters have caused.
 
The good news is that USAPA, the single most expensive & worst labor organization experiment, is DONE. 

 

[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]
 
Thanks Steve.  Please keep those hits coming!

 

[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]

 
Who is the EPSIC?  Aren't they USAPA-lite?

 

[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 substantial 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]
 
 

Hmmmmmm.  If it walks like a duck, quacks like a duck, and cheats like a duck....I'm thinking .....it's a DUCK.

 

[EastUS1]

.....It's really not that tough to understand. 

 
Agreed. It certainly isn't, no matter how hard "you'se" feebly attempt to subsequently "spin" it all: cactusboy53: "If they use the Nicolau award.."..."If"? Umm...Why's there now any "If" in there at all? The nic's after all "final and binding"...Right?...No? How can any question to that grand and glorious "truth" now even be at all offered by you in even the slightest way?
 
Explain your "If they use the Nicolau award.." and stop boring us all with your bizarre little tap-dancing act. What? You mean you can't explain the "If" part at all now?
 
Sigh!...Just go back to feeding your mighty "army" of faith-based-cultists/Fantasyland-kids/"battle"-tested-"knights"/etc whatever wholeseale BS you think best son. They, like "you'se" self, have time and again proven themselves completely clueless village idiots, but I'd still guess that "patriotic" $675 tie sales must be slipping a bit lately.
 
Umm...are "you'se" at all familiar with the terms fully delusional and pathological liar? How 'bout just the old phrase "snake oil salesman"? 😉 "You'se" sad act's both simple-minded and utterly childish.
 
A320 Driver pegged it nicely: "You can repeat total BS to a point where YOU even start to believe it, but the rest of us won't. Nobody, and I mean NOBODY knows how the BOA will rule. It's all prognostication at this point...." Even "you'se" are apparently aware of that at some level, else why the "If"? We're all just along for the ride at this point son. Just take a few deep breaths and at least try to get over yourself. 🙂

 

[cactusboy53]

I will agree that every thing that Johnny Boy posts are lies, misdirection, & hyperbole. I don't believe for one moment that the instructions & directives of senior arbitrators, district court judges, and esteemed legal council qualify as "total BS".

Maybe you'll get lucky in this next arbitration. Or not.

 

[EastUS1]

A320 Driver pegged it nicely: "You can repeat total BS to a point where YOU even start to believe it, but the rest of us won't. Nobody, and I mean NOBODY knows how the BOA will rule. It's all prognostication at this point...." Even "you'se" are apparently aware of that at some level, else why the "If"? We're all just along for the ride at this point son. Just take a few deep breaths and at least try to get over yourself.

.................................

Maybe you'll get lucky in this next arbitration. Or not.

 
I rest my case, but "at least try to get over yourself" seems far too much to ever even hope for kid.  Good luck with your sad little "life" inside Fantasyland "spartan soldier", and thanks for all the predictably provided laughs. 😉

 

[Phoenix]

Like it or not this is the do over, but the "New Nicolau" panel must factor in ten years of contingencies and 10,000 more pilots.

What are the Las Vegas odds on "fair and equitable" being an exact repeat? Good luck!!

 

[Monkee]

A320 Driver pegged it nicely: "You can repeat total BS to a point where YOU even start to believe it, but the rest of us won't. Nobody, and I mean NOBODY knows how the BOA will rule. It's all prognostication at this point...." Even "you'se" are apparently aware of that at some level, else why the "If"? We're all just along for the ride at this point son. Just take a few deep breaths and at least try to get over yourself.
 
I rest my case, but "at least try to get over yourself" seems far too much to ever even hope for kid.  Good luck with your sad little "life" inside Fantasyland "spartan soldier", and thanks for all the predictably provided laughs. 😉

 
Projection (Psychological)

1) An unconscious self-defense mechanism characterized by a person unconsciously attributing their own issues onto someone or something else as a form of delusion and denial.

2) A way to blame others for your own negative thoughts by repressing them and then attributing them to someone else. Due to the sorrowful nature of delusion and denial it is very difficult for the target to be able to clarify the reality of the situation.

3) A way to transfer guilt for your own thoughts, emotions and actions onto another as a way of not admitting your guilt to yourself.

 

[cactusboy53]

Like it or not this is the do over, but the "New Nicolau" panel must factor in ten years of contingencies and 10,000 more pilots.

What are the Las Vegas odds on "fair and equitable" being an exact repeat? Good luck!!

 
Just a bit of historical information:
 
[SIZE=12pt]The Board shall retain jurisdiction[/SIZE][SIZE=12pt] in accordance with Section H. 5 .b. of the ALPA Merger Policy to resolve any disputes over the meaning or interpretation of this Award. This retention of jurisdiction shall terminate when all provisions of the Award have been satisfied. In the event the Chairman becomes unavailable or unwilling to serve to resolve such disputes, the Merger Committees will agree on a replacement Chairman or will select one by the alternate strike method from the most recent ALPA list of seniority integrations arbitrators.  In the event one of the Pilot Neutrals becomes unable or unwilling to serve on the Arbitration Board to resolve such disputes, the Chairman, after consultation with the Parties, shall decide how to proceed.  In any such arbitration, if there is a dispute between the methodology contained in the Award and the accompanying Integrated Seniority List or any other list purportedly using such methodology, the Seniority List prevails.[/SIZE]
 
[SIZE=12pt]George Nicolau, Mediator[/SIZE]
[SIZE=12pt]AWA/AAA Opinion & Award; May 07, 2007[/SIZE]
 
[SIZE=12pt]And one more....[/SIZE]
 
[SIZE=12pt]In the matter of: Preliminary Arbitration Board APA/USAPA/AA (December 17, 2014)[/SIZE]
 
[SIZE=12pt]ARBITRATOR JAVITS: All three lists. I guess the gravamen of the questions is are you then putting yourself in the place of Nicolau, are you the new Nicolau because you are proposing a list which may not reflect Nicolau's list? ….. And American pilots. And, therefore, you're making a proposal, which may be different than what Nicolau had in mind and issued back in '07.[/SIZE]
 
[SIZE=12pt]No predictions, mind you.  Just trying to keep you boys "honest" (as if that is even remotely possible) [/SIZE]

 

[Phoenix]

 
Just a bit of historical information:
 
[SIZE=12pt]The Board shall retain jurisdiction[/SIZE][SIZE=12pt] in accordance with Section H. 5 .b. of the ALPA Merger Policy to resolve any disputes over the meaning or interpretation of this Award. This retention of jurisdiction shall terminate when all provisions of the Award have been satisfied. In the event the Chairman becomes unavailable or unwilling to serve to resolve such disputes, the Merger Committees will agree on a replacement Chairman or will select one by the alternate strike method from the most recent ALPA list of seniority integrations arbitrators.  In the event one of the Pilot Neutrals becomes unable or unwilling to serve on the Arbitration Board to resolve such disputes, the Chairman, after consultation with the Parties, shall decide how to proceed.  In any such arbitration, if there is a dispute between the methodology contained in the Award and the accompanying Integrated Seniority List or any other list purportedly using such methodology, the Seniority List prevails.[/SIZE]
 
[SIZE=12pt]George Nicolau, Mediator[/SIZE]
[SIZE=12pt]AWA/AAA Opinion & Award; May 07, 2007[/SIZE]
 
[SIZE=12pt]And one more....[/SIZE]
 
[SIZE=12pt]In the matter of: Preliminary Arbitration Board APA/USAPA/AA (December 17, 2014)[/SIZE]
 
[SIZE=12pt]ARBITRATOR JAVITS: All three lists. I guess the gravamen of the questions is are you then putting yourself in the place of Nicolau, are you the new Nicolau because you are proposing a list which may not reflect Nicolau's list? ….. And American pilots. And, therefore, you're making a proposal, which may be different than what Nicolau had in mind and issued back in '07.[/SIZE]
 
[SIZE=12pt]No predictions, mind you.  Just trying to keep you boys "honest" (as if that is even remotely possible) [/SIZE]

 
 
You still don't get it, and if you did you would never admit it.  You may always  be a slave to your own imaginations of an alternate reality.   
 
You have never accepted the obstinate fact that the contracts prevail and are binding, unaltered by implicit assumptions or Mr. Rodgers and Sesame Street lectures.   USAPA and ParKirby never broke any contactual seniority provision.  Never.  But even if they had, Nicolau never had any jurisdiction over any ParKirby contracts.  The courts have jurisdiction and the courts never once altered the contracts, because they are righteous (even without integrity T-shirts).
 
Every pilot is now assured a fair and equitable seniority list pursuant to the Protocol Agreement and the MB Statute.  Only three people have any clue about their opinions of what will be fair and equitable, and so far they have done a masterful job of providing all three lists with appropriate representatives to argue their case, and that in spite of the courts and the laws that could be interpreted to exclude either the West (because MB technically provides protections to the former bargain agents only) or the East (because Buyme had a brain aneurysm).  
 
Three lists.  Three representatives.  And three arbs that are trying to stay awake.  
 
Good luck!!

 

[luvthe9]

I will agree that every thing that Johnny Boy posts are lies, misdirection, & hyperbole. I don't believe for one moment that the instructions & directives of senior arbitrators, district court judges, and esteemed legal council qualify as "total BS".
Maybe you'll get lucky in this next arbitration. Or not.

Now Davey boy you know you are the king of lies, me, I just like to post all the U- turn letter the YOUR pilot Dave Blomgren has posted ................


He was spot on all his reporting............to bad you failed to listen to his wisdom, so bottom line enjoy the fishbowl........


We all know Wye you lie!

 

[cactusboy53]

 
 
You still don't get it, and if you did you would never admit it.  You may always  be a slave to your own imaginations of an alternate reality.   
 
You have never accepted the obstinate fact that the contracts prevail and are binding, unaltered by implicit assumptions or Mr. Rodgers and Sesame Street lectures.   USAPA and ParKirby never broke any contactual seniority provision.  Never.  But even if they had, Nicolau never had any jurisdiction over any ParKirby contracts.  The courts have jurisdiction and the courts never once altered the contracts, because they are righteous (even without integrity T-shirts).
 
Every pilot is now assured a fair and equitable seniority list pursuant to the Protocol Agreement and the MB Statute.  Only three people have any clue about their opinions of what will be fair and equitable, and so far they have done a masterful job of providing all three lists with appropriate representatives to argue their case, and that in spite of the courts and the laws that could be interpreted to exclude either the West (because MB technically provides protections to the former bargain agents only) or the East (because Buyme had a brain aneurysm).  
 
Three lists.  Three representatives.  And three arbs that are trying to stay awake.  
 
Good luck!!

 
No, YOU still don't get it.  Even Mike Cleary got it before he tried to cheat the AWA pilots with the "USAPA hammer" (think DFR):
 
[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]
 
[SIZE=12pt]Will this BOA completely sideline the Nicolau Seniority List?  That same BOA that works for the SAME agency as the respected & seasoned arbitrator George Nicolau?  Will the "East Pilot Seniority Integration Committee" (you know, USAPA-lite) be the FIRST case EVER to be able to evade an arbitration that the body & prior collective bargaining agent AGREED to.  It could happen....[/SIZE]

 

[cactusboy53]

Now Davey boy you know you are the king of lies, me, I just like to post all the U- turn letter the YOUR pilot Dave Blomgren has posted ................

He was spot on all his reporting............to bad you failed to listen to his wisdom, so bottom line enjoy the fishbowl........

We all know Wye you lie!

 
Ahhh, the USAPA Son of Perdition rises again.  Oh Johnny Boy...what will you do?  Wye or wye must you continue to LIE?  Here's a piece of free wisdom:  Learn to live with this arbitration.  It's final & binding (just like the last one was). 
 
BTW, Blomgren might have been the mouth piece of those failed tales.  Do you know the author??  I'll bet not.