2015 Pilot Discussion.

[luvthe9]

Not true. I've coped with plenty. They also taught me how to stand up defend my principles. Was that a word your not familiar with, Dorothy?

Better start coping with .......NO NIC.... It's coming soon and it's going to be "EPIC"..... Dorothy!




WYE RIVER!!!!!..........,,.what a mistake........... Your greed (one of the seven deadly sins) cost you!

 

[MUTATIS MUTANDIS]

Not true. I've coped with plenty. They also taught me how to stand up defend my principles. Was that a word your not familiar with, Dorothy?

. Really? You remind me of Jim Baker, right up to the point we are introduced to Jessica Hahn!

 

[MUTATIS MUTANDIS]

Let us quote another source adage, "A lottery ticket you can not cash'" quote that Dave!

 

[cactusboy53]

Let us quote another source adage, "A lottery ticket you can not cash'" quote that Dave!

So which "genius" are you quoting there, and can you actually cite & quote (you know...show your work) where & when this gem was delivered?

 

[MUTATIS MUTANDIS]

So which "genius" are you quoting there, and can you actually cite & quote (you know...show your work) where & when this gem was delivered?

. Scott Kirby your crew news genius!

 

[MUTATIS MUTANDIS]

You flunked math also Dave, a3% raise was less than a 40% raise for our attrition!

 

[cactusboy53]

. Scott Kirby your crew news genius!

Date, time on tape, and is it still available? Otherwise it's like the mysterious postal poo.....non-existent..if not a lie.

 

[cactusboy53]

You flunked math also Dave, a3% raise was less than a 40% raise for our attrition!

And the the retiring A330 Captain says..."I gave up $750,000.00 for that??!!??"

 

[MUTATIS MUTANDIS]

And the the retiring A330 Captain says..."I gave up $750,000.00 for that??!!??"

Well quote one of those Dave , 3% a year how many years equals 750,000 like I said genius you flunked math, Oh your postal poo exists, guess the idiots that raised you never told you to knock it off! And that lottery ticket comment very available on crew news ! But very nice of you to spend thousands of dollars of your money for the EAST 330's captains cause, we will let them know!

 

[cactusboy53]

Well quote one of those Dave , 3% a year how many years equals 750,000 like I said genius you flunked math, Oh your postal poo exists, guess the idiots that raised you never told you to knock it off! And that lottery ticket comment very available on crew news ! But very nice of you to spend thousands of dollars of your money for the EAST 330's captains cause, we will let them know!

Once again you have failed to RESEARCH your statements and claim.  I REFUSE to spoon-feed you the FACTUAL information over and over again.  What times I do, you simply claim "the sky is not blue, it's green".
 
We don't have a lottery ticket.  We have a product of a process that all parties agreed to.  We have a court-ruled Duty of Fair Representation claim against the fake union (that delivered NONE of it's promised goals, BUT spent MORE money on litigation than ANY OTHER commercial pilot labor organization), we have the support of the AAPSIC (there Phoenix, happy?) that ALSO says that the Nicolau Seniority List should be the beginning point of the LUS pilots, we have the testimony in court from the company that USAPA is the party that has unnecessarily delayed the resolution of the seniority dispute, and much more.
 
I will not go and find YOUR home work for you, and every time I've made a claim I back it up with factual data and court testimony. 
 
Stand by....more factual data and testimony coming your way....

 

[cactusboy53]

And the Ninth said this:
 
[SIZE=12pt]We do not address the thorny question of the extent to which the Nicolau Award is binding on USAPA. We note, as the district court recognized, that USAPA is at least as free to abandon the Nicolau Award as was its predecessor, ALPA. The dissent appears implicitly to assume that the Nicolau Award, the product of the internal rules and processes of ALPA, is binding on USAPA. [/SIZE]
 
[SIZE=12pt]Ninth Circuit Court of Appeals Opinion[/SIZE]

[SIZE=12pt]Case: 09-16564 06/04/2010[/SIZE]
 
[SIZE=12pt]For the legally obtuse......the court was telling you that the predecessor (ALPA) was NOT free to abandon the Nicolau Seniority List, and thus USAPA was NOT free to abandon the Nicolau Seniority List.[/SIZE]

 

[cactusboy53]

Respected and seasoned Arbitrator George Nicolau instructed this to all parties of the arbitration:
 
[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]
 
 

 

[cactusboy53]

Judge Silver warned USAPA in her ruling:
 
“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.”
 
Judge Roslyn O. Silver, Chief United States District Judge

No. CV-10-01570-PHX-ROS ORDER; October 11, 2012
 
And yet.....USAPA chose to walk on dangerous ground.

 

[cactusboy53]

Judge Silver further warned in her ruling in favor of USAPA (that was OVERTURNED):
 
[SIZE=12pt]“….The Court’s patience with USAPA has run out.  USAPA avoided liability on the DFR claim by the slimmest of margins and the Court has serious doubts that USAPA will fairly and adequately represent all of its members while it remains a certified representative.  But all the Court can do at this stage is implore USAPA to, in the words of CAB, “make every effort to see that [the West Pilots’] are given extensive consideration, and that their interests are fairly and fully represented” during seniority integration…”[/SIZE]
 
[SIZE=12pt]Judge Roslyn O. Silver, Chief United States District Judge[/SIZE]

[SIZE=12pt]Case 2:13-cv-00471-ROS   Document 298   Filed 01/10/14[/SIZE]
 
[SIZE=12pt]As we all now know, USAPA tripped the DFR wire as determined by the United States Courts of the Ninth Circuit.  The Ninth knew full well that USAPA could not and would not adequately represent all of its members.[/SIZE]

 

[cactusboy53]

The honorable Judge Bybee got it:
 
[SIZE=12pt]UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT: BYBEE, Circuit Judge, dissenting:[/SIZE]
 

[SIZE=12pt]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.”[/SIZE]