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April/May 2013 Pilot Discussion

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I bet the courts are hoping for a quick POR. Null all previous agreements and they can wash their hands of the whole situation, tossing out all current and future lawsuits.
 
  • Case 2:13-cv-00471-PGR Document 34 Filed 04/08/13 Page 6


    III. Conclusion
    Plaintiffs satisfy the procedural requirements for entry of default set out in Fed. R.Civ. P. 55((2). In addition, the seven Eitel factors weigh strongly in favor of granting the relief sought here. Plaintiffs, therefore, respectfully ask this Court to enter default judgment against USAPA, issuing an injunction requiring USAPA to conduct seniority integration in the American – US Airways merger using the seniority order in the Nicolau Award list to order the US Airways pilots. A proposed form of order is attached.

    Dated this 8th day of April, 2013.
    POLSINELLI SHUGHART, PC
    /s/ Andrew S. Jacob
    By _______________________________
    Marty Harper
    Andrew S. Jacob
    Jennifer Axel
    Attorneys for Plaintiffs
 
Remind me again what role the NY transcript plays in the fulfillment of the MOU? The guy bagging my groceries today expressed an opinion too. I'll pass his number along if you like. He wants to start a club.
Since you did not get what you wanted from the NY you want to ignore what happened?

I guess we should thank Shamanski for getting that record made.

Another court, another judge on record agreeing with the west this is ripe and needs to be settled.

It also got the UCC and AMR on record saying it is ripe and needs to be settled first. You really should be more concerned about what the UCC said than the judge. they are the ones that control this thing. If the UCC has had enough and sees that a delay will cost them money. A simple phone call to Parker telling him fix your problem. If he wants to be the big boy he is going to have to make a big boy decision.

The money men tell Parker to end this dispute it ends tomorrow. No court, no appeal.

The APA is happy, the company is done, the UCC is happy, AMR is happy, the west is happy. Majority rules right. If the east is unhappy. To bad so sad.
 
Did you not read the MOU or did you just do what AOL told you do? The MOU clearly states that upon the execution of a JCBA all prior agreements are null and void. Your case will not become ripe until a JCBA is in place...

Afterward, I recommend you sue everyone until all you can afford is living out of a cardboard box beneath an interstate overpass... Best of luck with that!
No need.

usapa will be replaced by the APA. The APA does not want this dispute or the liability. All we have to do is wait for the only group not in agreement to be replaced. No usapa no more problem.

It will be east pilots that would have to collect money and live under the overpass if you want to continue after you got a big raise and netter work rules. Where is the harm to the east?
 
Since you did not get what you wanted from the NY you want to ignore what happened?

I guess we should thank Shamanski for getting that record made.

Another court, another judge on record agreeing with the west this is ripe and needs to be settled.

It also got the UCC and AMR on record saying it is ripe and needs to be settled first. You really should be more concerned about what the UCC said than the judge. they are the ones that control this thing. If the UCC has had enough and sees that a delay will cost them money. A simple phone call to Parker telling him fix your problem. If he wants to be the big boy he is going to have to make a big boy decision.

The money men tell Parker to end this dispute it ends tomorrow. No court, no appeal.

The APA is happy, the company is done, the UCC is happy, AMR is happy, the west is happy. Majority rules right. If the east is unhappy. To bad so sad.
You went on quite a bit there but you didn't explain what any of those opinions have to do with the fulfillment of the MOU that we all agreed to.

P.S. Still waiting for the paragraph...
 
If you morons would wait until the process is complete (as the Ninth said is required), it would be over in a year.

The delay, as is almost every other delay here, is caused by your idiot lawyer jumping the gun with unripe lawsuits. File for anything in federal court and you can expect a decision in two years at best. You AWA bozos just delayed things for two years. Happy?
If I follow your logic You think it will take two years to be dismissed on ripeness. But if we wait another year we will get a answer faster because the same case that will also take two years for a total of three delay of years. WHAT?

If it is not ripe we will have a JCBA in less than a year anyway. Completing your ripeness argument. So all we are doing is getting in line to schedule a hearing with the judge. You guys are all about standing in line right. By the time we get to a hearing we should have a JCBA you will have to agree it is ripe then.

The other choice is for usapa to agree to let the court decide. Why the resistance for a decision? Is usapa going to get anything more from the contract than they have now? How does getting the east more benefits and more seniority fairly represent the west?

Waiting is what you want. ALL the other parties want this to end soon.
 
No need.

usapa will be replaced by the APA. The APA does not want this dispute or the liability. All we have to do is wait for the only group not in agreement to be replaced. No usapa no more problem.

It will be east pilots that would have to collect money and live under the overpass if you want to continue after you got a big raise and netter work rules. Where is the harm to the east?
I hear APA loves the Nic. They wish they had it! eeeeeeeerrrrrrrrrrrrrrrrr!!!!!
 
I hear APA loves the Nic. They wish they had it! eeeeeeeerrrrrrrrrrrrrrrrr!!!!!

Yes. Go to their website to contribute. A list of the strongest contributors will be posted on April 11th. Don't get exposed by the APA.

Remember, Leonidas, LLC will again publish a list of its strongest contributors on April 11, 2013. It is not too late to be recognized for your commitment to our common cause.

What!? Leospanker isn't the APA?
 
:lol: They were quotes of your relevant/operative words.

P.S. Paragraph please...
When, assume, opinions, whenever, seem, most likely, when, such, unless, inestimable, endeavored, ought ...

I can do that too. These words come directly from the Declaration of Independence. Kind of changes the meaning of the message when you selectively pick words out of context to try to advance an unintended notion.

Why not try to discuss the words that were said in their proper context rather than revealing you have nothing to add and can only play juvenile games with out of context, non-linear quotes?

Or, lets try it again.. I'll quote the Declaration of Independence while you think of USAPA...destructive, abolish, evils, long train of abuses, usurpations, absolute despotism, repeated injuries, tyranny, refused to assent to laws, fatiguing them into compliance, obstructing the laws, obstructed the administration of justice, abdicated, waging war, ravaged, totally unworthy, most barbarous, deaf to the voice of justice... :lol:
 
I recently received my USAPA dues statement and my dues increased $95.69 per month. This is a 1/2 percent increase in dues to supposedly be used by the Merger Committee or another one-third increase to an astronomical amount of money on a relative basis. In addition, USAPA indicated the BPR unilaterally transferred the Furlough Assessment to fund Merger Committee FPL/expenses.

Moreover, the PIC indicated that there could be an appeal to their lawsuit against the PBGC where hearing transcripts point to USAPA losing their lawsuit. If there is an appeal I believe there could be another PIC assessment.

What I would like to know is how our forum's members feel about USAPA's members and non members paying the highest pilot union dues in the universe at 2.45%, assessments used for unintended purposes, and more possible assessments used for losing battles?

ALPA dues are 1.95 percent and APA dues are 1.0%. Why are USAPA dues so high?

What's your opinion of US Airways Group II TOS Captains flying a full month paying almost $4,000 per year in union dues/assessments and Group II TOS F/O's paying about $2,700 per year in union dues/assessments to USAPA?

Steve Bradford told pilots during the representation election we would have a dues rate of 1.0 percent if we elected USAPA as our agent. Why has that number nearly tripled?

USAPA started with the same rate as ALPA had when they were kicked to the curb. It was anticipated that this would be lowered once the union got its footing. What was not factored in was the high cost of defending its C & B-Ls in federal court. I have no problem with the 2.45% so far, and I support going to 3% to fund the merger committee. Happy with that answer, USA320?

So far, I feel money spent on USAPA has been mostly well spent.

As far as the PIC getting another assessment, I doubt it. The membership has gotten quite an education in the interim since the last assessment began. We are beginning to see that the PIC, even if on solid ground, is in no position to actually benefit the US east pilots. If the PIC group comes back to ask for more, they will need to demonstrate in CLEAR terms how the PC-4 group of east pilots will see any benefit from a win. So far, it has been smoke, mirrors and evasion from the PIC when asked for specifics in answering that question.

Sure, the scoundrels stole our pensions, but even in victory the PIC has not shown how finding and proving a smoking gun will get us anything at all. Maybe there might be something for the PC-3 pilots of which there are very few left here to vote.
 
  • Case 2:13-cv-00471-PGR Document 34 Filed 04/08/13 Page 6



    III. Conclusion
    Plaintiffs satisfy the procedural requirements for entry of default set out in Fed. R.Civ. P. 55((2). In addition, the seven Eitel factors weigh strongly in favor of granting the relief sought here. Plaintiffs, therefore, respectfully ask this Court to enter default judgment against USAPA, issuing an injunction requiring USAPA to conduct seniority integration in the American – US Airways merger using the seniority order in the Nicolau Award list to order the US Airways pilots. A proposed form of order is attached.

    Dated this 8th day of April, 2013.
    POLSINELLI SHUGHART, PC
    /s/ Andrew S. Jacob
    By _______________________________
    Marty Harper
    Andrew S. Jacob
    Jennifer Axel
    Attorneys for Plaintiffs


Well, of course, YOUR attorney would take this position. What good does it do quoting it here? It's only opinion.
 
If I follow your logic You think it will take two years to be dismissed on ripeness. But if we wait another year we will get a answer faster because the same case that will also take two years for a total of three delay of years. WHAT?

If it is not ripe we will have a JCBA in less than a year anyway. Completing your ripeness argument. So all we are doing is getting in line to schedule a hearing with the judge. You guys are all about standing in line right. By the time we get to a hearing we should have a JCBA you will have to agree it is ripe then.

The other choice is for usapa to agree to let the court decide. Why the resistance for a decision? Is usapa going to get anything more from the contract than they have now? How does getting the east more benefits and more seniority fairly represent the west?

Waiting is what you want. ALL the other parties want this to end soon.

I'm responding to the accusation of USAPA causing the delays, not how the timeline would pan out. If left alone until the JCBA is in place (and your case is really ripe,) the whole thing would get settled sooner.
 
Well, of course, YOUR attorney would take this position. What good does it do quoting it here? It's only opinion.

I post it before it's delivered to the USAPA laundromat for a cleaning and goes through the spin cycle.
 
I'm responding to the accusation of USAPA causing the delays, not how the timeline would pan out. If left alone until the JCBA is in place (and your case is really ripe,) the whole thing would get settled sooner.

How?

If you are correct the west filing now has no effect. If we file now and it gets dismissed then file again when you think it is ripe when we get a JCBA so what? We file again and we have Addington IV. Does not change the timeline any.

You should be happy. The west is spending money we do not have, according to usapa. Maybe we run out before we get to IV. Or maybe we don't. Maybe usapa goes away before this case is settled and the APA just drops it because they don't want the liability.

Or maybe usapa agrees to let the court decide and stops delaying the answer.

But if you want to know who is delaying go back and read the filings. How many delays has usapa filed for? Read the Jones letter and learn who the company thinks is delaying. The NMB must have thought it was usapa delaying a contract shince they parked them.
 
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