April/May 2013 Pilot Discussion

[traderjake]

April 14, 2013

Dear Fellow United Pilots:

On Monday, April 15, arbitration proceedings begin for the United-Continental Seniority List Integration (SLI). The result of these proceedings will be an Integrated Seniority List (ISL). The dates for the hearings are as we previously advised:

April 15-20
May 11-15
June 11-13
June 18-20
June 27-28

Post Hearing Briefs are scheduled to be filed July 25 and the Arbitration Board is scheduled to meet in Executive Session July 29-August 2.

The arbitration hearings through June are open to the UAL and CAL pilots and their families. The transcripts and, to the extent possible, exhibits will be made available on the United MEC website under the Merger Committee banner. The Pre-Hearing briefs were made available last Thursday.

Allow me to be honest and frank. The next few months are likely to be tumultuous. You will see a stark contrast between the arguments of the Continental and the United Merger Committees, their lawyers and their witnesses. There are going to be things said or implied that have the potential to cause distress between the pilot groups IF THE PILOT GROUPS ALLOW IT. We must not let this happen.

Jeff Freund, the UAL-MEC Merger counsel, has stated it very well in his opening pre-hearing brief:

Over the course of the next 12 to 15 hearing days, the United Air Lines Merger Committee (“UAL Committee&rdquo😉 and the Continental Airlines Merger Committee (“CAL Committee&rdquo😉 will present the Board with reams of data, glossy pictures, maybe even videos, all designed to paint their pre-merger carrier, and their pre-merger pilot group, in the light most favorable to their positions. Having studied the Seniority List Integration (“SLI&rdquo😉 process from the past several decades, the UAL Committee has concluded that much of what merger committees present, while undoubtedly interesting, is not necessarily helpful to the arbitration boards charged with constructing “fair and equitable” integrated seniority lists (“ISL&rdquo😉. Accordingly, the UAL Committee is committed to limiting its submissions to those issues that really matter. As a prelude to that effort, in this Pre-Hearing Statement the UAL Committee will set out in summary form the facts that it contends should inform the Board as it works to develop a fair and equitable ISL. The UAL Committee intends to present a balanced picture of the two pre-merger airlines – United Air Lines (“UAL&rdquo😉 and Continental Airlines (“CAL&rdquo😉 – warts and all, in the context of the intensely competitive and cyclical airline industry environment in which each found itself when they announced their merger in 2010. Each had its strengths and weaknesses and we will not shy away from addressing both, as well as the dramatic effect on the industry – and the likely fortunes of these two airlines – of the game-changing merger between Delta Airlines and Northwest Airlines in 2008.

You will undoubtedly hear many arguments that seem nonsensical, inaccurate, and out of context. They will almost certainly generate strong emotional responses. While the two Merger Committees will present their respective cases on behalf of their MECs, it is ultimately up to the Arbitration Board (Dana Eischen, Roger Kaplan and Dennis Nolan) to recognize what are applicable and useful arguments and what are not. I am urging you to remain calm as you read these arguments.

The Merger Committee will be making arguments on behalf of the professional pilots they represent. Your professional decorum while attending these hearings is expected. The Arbitration Board will frown upon any obvious reactions of those in attendance, including moans, cheers, applause, etc. Please refrain from any actions that do not reflect courtesy and professionalism.

Additionally, there will be those who will try to use the arguments presented by one side or another as a basis of attack on our pilot group. These people will do this for a variety of reasons – management to keep an employee group divided, pilots to advance political or personal agendas, etc. Regardless of why they do it, the outcome will be the same – a distressed and disjointed pilot group. Remember that a house divided will not stand. Divided pilot groups do not fare well.

The merged pilot group will have a myriad of issues facing it in the years ahead, not the least of which is negotiations for the next truly joint collective agreement. As I have stated before, the time to prepare for our next contract is now. We already have less than four years to combine our MECs and MEC committees and to prepare our common strategic plans and goals. We cannot accomplish this if we allow the short-term emotional arguments of the seniority list integration to affect our long-term thinking.

The Continental and United Pilots have finally reached a point of solidarity with a joint contract. The ISL will be what it will be. Let’s not needlessly do or say anything now before ISL that diminishes our new solidarity in a post-ISL world.

We are United,

 

[traderjake]

"You will undoubtedly hear many arguments that seem nonsensical, inaccurate, and out of context. They will almost certainly generate strong emotional responses. While the two Merger Committees will present their respective cases on behalf of their MECs, it is ultimately up to the Arbitration Board (Dana Eischen, Roger Kaplan and Dennis Nolan) to recognize what are applicable and useful arguments and what are not. I am urging you to remain calm as you read these arguments."

 

[Portly Dorman]

Courtney Allen Borman for Executive Vice President​

Fellow Pilots,

There’s been a lot of talk about unity and how to achieve it. From my vantage point as the Chairman of both the Membership Services and Pilot-4-Pilot Committees, I see where the dysfunction starts and I know how to end it. I firmly believe that we must unify the Officers of this organization first, and then more unity within the Board of Pilot Representatives will naturally follow. For too long our Officers have been at odds, which has divided the BPR to the detriment of us all. My record involves none of this, and my work ethic prevents me from becoming one of those people who place personalities before pilots. My goals are simple: I want a contract and I want to work to achieve one that solidifies Date of Hire with Conditions and Restrictions that protect everyone. Anything less will be a failure of our duty to represent the majority of US Airways pilots, and as your next Executive Vice President I plan on bringing that new contract to this pilot group by focusing my efforts on the actual job description of the EVP.

Talking about Unity and achieving it are two different things. The way we achieve it among the USAPA Officers starts with the basics: Everyone Do Their Own Job. What we’ve seen over the past several years is some of our elected officials spending time on their own pet projects and not taking direction from the BPR. That simply WILL NOT happen while I’m in office.

From the USAPA Constitution and Bylaws

SECTION 8- DUTIES OF NATIONAL OFFICERS
D. Executive Vice President (EVP)

The Executive Vice President shall be responsible to execute policy of the Board of Pilot Representatives acting under the jurisdiction of the President.

As many of you know, the current EVP hasn’t lived up to this duty. It has caused much of the disruptive infighting and is one of the primary reasons I’m so motivated to step in to do this job. I’ve worked under both of our first two presidents and I’ve faithfully carried out every task that either of these gentlemen charged me with. Whether asked to start up the Furlough Committee, prepare for testimony in court, or assist any number of Committee Chairmen in their work, I have done so without protest or any kind of obstructionist behavior. The EVP duties are clearly defined. I understand them and I vow to faithfully execute them.

1. S/he shall act as custodian of USAPA documents, contracts, leases, deeds and general records; cause to retain all Association membership records; cause to retain a record of all meetings of the National Officers; cause to retain minutes of all domicile meetings; cause to be kept current records of all Officers, Domicile Representatives, Committees, Chairpersons and special appointees; and cause to retain all records of proceedings at all meetings of the Board of Pilot Representatives including resolutions in final form and results of each.


The minutes referenced above are largely not available, and meetings between the four Officers haven’t occurred because of the inability to work together or refusal to participate. When elected, this will change. I will actively participate in any meeting called by our next president. I will also make sure the records are maintained and that the actual minutes from Domicile and BPR meetings are made available to all pilots via the USAPA website.

2. S/he shall employ, supervise, discharge and fix, at the discretion of the Board of Pilot Representatives, such compensation of staff employees and/or contractors of the Association (other than duly elected officers.)

As your next EVP, I look forward to working closely with our office staff and contractors. It’s the ultimate irony that a union exists to fight for the rights of the blue-collar membership, but then fails to be a good employer in its own right. We have many valuable employees working for USAPA and I have spent countless hours over the years sitting reserve in CLT working with and interacting with all of them. They are tired of being played like cards in a political food fight; as part of their effort to stay balanced, there are actually Swiss flags hanging in the office. Please afford me the opportunity to bring more harmony to the USAPA offices and help us maximize our effectiveness.


3. S/he shall negotiate agreements entered into between the Association and any other organization as hereinafter provided.

My experience in real estate and working for USAPA in the Communications Committee has truly enhanced my abilities when working with independent contractors or consultants, and especially so when it comes time to negotiate a contract. Furthermore, I vow to follow BPR direction and the direction of my fellow Officers when writing the contractual language. This has been problematic in the past, where even this straightforward task has been used for political purposes. This ends on my watch.

4. S/he may act as the USAPA ambassador to affiliate organizations and carry out such other duties as the Board of Pilot Representatives may request.

In fact, I’ve already been directed to act as an ambassador for USAPA several times. I’ve attended meetings of the US Airways Board of Directors and the US Airways Labor Coalition, and worked on behalf of USAPA with our Flight Attendants on Toxic Fume issues and picketing. It will be my pleasure to continue this work as your next Executive vice President when directed to do so.

Thank you for taking the time to read this important message. These are just a few reasons that I believe I am the best candidate for Executive Vice President. It’s time to stop the nonsense and start working for the pilots. For more information please visit www.pilots4unity.org or if you have any questions you can contact me at 240-463-9003 or at CourtneyBorman@pilots4unity.org.

Finally, and most importantly, please vote! Also, if you change your vote – which you are allowed to do any time up until the polls close at 1400 EDT on February 23rd – be sure to revote for all the offices, because changing one vote removes the votes you’ve already cast for your other chosen candidates.

Fraternally,

Courtney Allen Borman
(240) 463-9003

 

[Portly Dorman]

Jamie's Report to the Pilots​

Dear Fellow US Airway Pilots:

As many of you already know, I have been traveling around the US Airways system in person, listening to all of you, from ALL domiciles and from top to bottom.

Where have I been listening so far?

• I listened to your concerns at the PHL domicile meeting on January 25th.
• I listened to your concerns in the PHL terminal later that same day.
• I listened to your concerns at the DCA domicile meeting on February 2nd.
• I listened to your concerns in the DCA terminal later that same day.
• I listened to your concerns in the CLT terminal later that same day from 4:30pm to 6:30pm.
• I listened to your concerns in the PHL terminal on Monday, February 6th from 8am to 3pm.
• I listened to your concerns in the CLT terminal later that same day from 5pm to 7pm.
• I listened to your concerns in the DCA terminal on Wednesday, February 8th from 9am to 3pm.
• I listened to your concerns in the CLT terminal later that same day from 4:30pm to 6:30pm.

What did I hear FROM you?

• That YOU wanted our National Officers to protect and adhere to the CONSTITUTION & BYLAWS OF THE US AIRLINE PILOTS ASSOCIATION. TO BE LAWFUL AND RESPECTFUL.
• That YOU wanted our National Officers to perform their duties in a manner becoming the USAPA CODE OF ETHICS. TO BE CIVIL AND PROFESSIONAL.
• That YOU wanted our National Officers to perform their fiduciary and managerial duties in a manner that the pilots can understand. TO BE EDUCATIONAL AND INFORMATIVE.

What did I see?

• I saw our flight crews doing what they always do: Pilots from ALL domiciles acting in a safe, professional and courteous manner.

Question you asked:

• What experience do you bring to the job if you want me to vote for you as Vice President?

What was my answer:

• As an ORIGINAL FOUNDING MEMBER, I was instrumental in developing a Constitution and Bylaws for our Association.
• As an ORIGINAL FOUNDING MEMBER, I was instrumental in guiding the process of adhering to the guidelines of the NMB that achieved the goal of USAPA becoming OUR collective bargaining agent.
• As an ORIGINAL FOUNDING MEMBER, I was willing and able to work objectively behind the scenes to help guide and relieve the “Interim Officers” from tasks and duties that detracted them from achieving our primary goal.
• As an ORIGINAL FOUNDING MEMBER, I have always and will always continue to put the needs of this pilot group, from every domicile, before the desires and passions that detract from our overall goals. In short, using a “military” term, I am here simply “to pull pitch” for you, the line pilots.

Question you asked:

• What would be my job if I were to vote for you and you became elected to the Vice Presidency?

What was my answer:

1. I shall perform the duties of the President in the absence of that officer and, in case of the removal, resignation, or death of the President for the unexpired term.
2. I shall also preside when called upon by the President and at times when the President may be temporarily unable to discharge his duties.
3. I shall “FOCUS ON ASSISTING” the President in the discharge of all duties, and carry out any other duties USAPA may request. (USAPA Constitution & Bylaws)
4. I have changed my focus regarding disagreements over issues with coworkers in the past, as a few of you may remember. However, I know that the many issues between all of us have much more common threads woven together then separately. As I get older I find that I can leave that past behind and work harder to adhere to the USAPA Code of Ethics, thereby using those common threads to form a stronger and longer lasting rope that we can all pull on together and in the same direction.

Question you asked:

• How do we resolve the “political backstabbing and inter-office rivalries occurring between our National Officers”?

What was my answer:

• I was instrumental in working behind the scenes with the original founders when we first formed USAPA to maintain proper decorum, provide consensus and ultimately worked together towards a common goal. That is what I would ask of all of us.
• I shall recommend to the President that our National officers meet in person with timely meetings of at least once per week.
• I shall recommend to the President that our National officers vow to work together harmoniously and within the confines of our offices thereby maintaining the proper mutual respect between us as we represent you, the line pilot.

Question you asked:

• How could we better facilitate our working relationships with each other?

What was my answer:

• I shall recommend to the President that we establish an organizational chart for our union that properly delineates the guidelines of all our officers, committee members and staff. Our UOM can be used as a tool to this policy by providing revised structure through the UOM. This structure should be flexible so as to facilitate working relationships between our co-workers and we should promote and encourage cross committee communication thereby increasing a more cohesive camaraderie.
• I shall recommend to the President that he resolve the division of overlapping duties in the National Officer rank by helping him formulate a policy going forward with recommendations to the BPR by either:

1. Re-tasking the EVP position in a manner that removes these overlapping duties in the UOM or
2. By submitting a Constitutional amendment to the pilots that removes this position.

• By re-tasking or eliminating the EVP position we can resolve several of the political issues facing our union TODAY and thereby save the Association several thousand dollars a year in the future.

Who else supports this solution?

Steve Bradford, the former interim President and Mark King, the former interim Secretary/Treasurer, who said, “...that the BPR better delineate the duties of the President and the EVP. When the EVP position was added to our CBL, there was duplication of duties between the two Officers. This too might require a CBL amendment.” (Ciabattoni v. Cleary, 2010-2 at 14)
http://www.usairlinepilots.org/index.php?option=com_jumi&fileid=5&F=306

Question you asked:

• If elected Vice President, what would you recommend to the President should be our direction regarding a new Collective Bargaining Agreement?

What was my answer:

• I would recommend that he concentrate on:

1. Refocusing our legal counsel and grievance committee by working with the Company to find a mutual solution to clear the backlog of grievances.
2. Establishing an organizational structure in the Administrative offices that addresses overlap and thereby increasing efficiency and reducing waste that deplete the association’s finances.
3. Tasking the negotiating committee, assisted by the grievance committee, to prepare for future use, several possible collective bargaining agreement sections that would better position our leverage for successful resolution of a collective bargaining agreement should future events such as merger or expansion occur in the short-term (inside of a year, revised in a timely manner)
4. Structuring our other committees to work among themselves and expanding opportunities to use our pilot volunteers by bringing outside ideas into our committee structure to help formulate both short-term and long-term (outside of a year) direction, with objectives and goals that assist in coalescing future Collective Bargaining Agreements.
5. Supporting a “satellite” office in PHX to better prepare our structural base with the company and to provide additional support regarding contractual issues before the Company, thereby reinforcing and enhancing the four prior points made in this answer.

Question you asked:

• If elected Vice President, would you recommend to the President that he ask the BPR to revert back to our previous legal counsel?

What was my answer:

• No. After attending many of the BPR sessions, listening to our current BPR and talking to our current legal counsel I am confident that the affairs confronting our legal issues will be well served for the present and it is time for our union to chart a different tack going forward.

Question you asked:

• What will the effect of a ruling contrary to USAPA’s position regarding seniority have on getting a “Collective Bargaining Agreement”?

What was my answer:

NONE. I support the USAPA Constitution and bylaws which states:

1. Article I: Section 8, D: To maintain uniform principles of seniority based on date of hire and the perpetuation thereof, with reasonable conditions and restrictions to preserve each pilot’s un-merged career expectations.
2. Article XIII: A1(B) and A2(B): Amendments which support the process by which our Constitution and Bylaws made be amended, whether initiated by the membership or by the BPR, which shall be ratified by a two thirds (2/3) majority of the votes cast by the membership provided that a majority of the total eligible membership casts ballots in the referendum on such amendment(s).
3. Article V: Section 5(A):

1. (ALL) Tentative collective bargaining agreements, interim agreements and/or amendments to the basic collective bargaining agreement and agreements of affiliation or merger with other labor organizations shall be submitted to the Board of Pilot Representatives for review.
2. After reviewing any tentative agreement, the Board of Pilot Representatives shall vote to either approve or reject a membership ratification ballot for such agreement. Only those ratification ballots approved by the Board of Pilot Representatives by a majority vote shall be forwarded to the affected membership for a ratification vote. Each approved ratification ballot must be accompanied by a BPR voting recommendation to “Approve” or “Disapprove” when distributed to all members in good standing.
3. In order to bind the Association, all Collective Bargaining Agreements, side letters, and all agreements to affiliate or to merge with another labor organization must be ratified by a simple majority of votes cast provided that a majority of the total eligible membership casts ballots in the referendum on such agreement(s).

My Short Answer: PLEASE VOTE!

PLEASE READ MY PLATFORM (BELOW)!
PLEASE ASK ME YOURSELF WHEN YOU SEE ME!
(SCHEDULE BELOW)

Jamie Javurek



Jamie Javurek, Candidate<img align="right" alt="" border="0" height="237" width="200" />

Vice President of USAPA

• Charlotte based pilot A320
• 25 years of service 23 March, 2012
• Married 26 years, three children
• Salisbury, NC (30 miles NE of Charlotte)

• Likes: Aviation, WORKERS RIGHTS, reading, movies, constitutional and labor law, motorcycles
• Dislikes: Distractions & Rumor mill
• Past Union experience:

1. USAPA Founder
2. Organized and participated in initial USAPA meetings
3. Educated rank and file on RLA law and NMB rules for elections
4. Wrote USAPA Constitution and Bylaws
5. HELPED AND MOTIVATED OUR PILOTS TO UNITE AND VOTE

• GOALS:

1. CONFORM TO USAPA C&BL by staying focused on the FUNDAMENTALS
2. ACTIVELY ACCESS and MONITOR our potential for error by running our Administration efficiently and effectively
3. BALANCE BARRIERS to avoid and trap ERRORS by ADHEREING to the Policy of the Board of Pilot Representatives
4. COMMUNICATE threats and intentions TIMELY & EFFECTIVELY by using the PARTICIPATION OF THE PILOTS IN OUR COMMITTEE STRUCTURE

• TOOLS:

1. OUR Knowledge, skill and handling (Constitution & Bylaws, legal counsel)
2. OUR External recourses (you the LINE pilot)
3. OUR Automation (Office staff and technology, Organizational Chart)
4. OUR Checklists (Collective Bargaining Agreement)
5. OUR Policies, procedures and FLOWS (UOM, employee manuals)
6. CAMI &ndash; Conformity, Actively Access, Monitor, and INTEGRATE!

<img alt="" border="0" height="56" width="600" />​

captainkvar@gmail.com 704.640.7338 <img alt="" border="0" height="31" width="30" /> <img alt="" border="0" height="29" width="30" /> <img alt="" border="0" height="30" width="78" />

<img alt="" border="0" height="776" width="600" />

 

[Portly Dorman]

A 'Gem' from what a mistake the 'safety' campaign was...

Safety Committee Update​

​

​

Safety Culture Gem of the Day

Below is another example from a crewmember citing the flawed safety culture here at US Airways:
"Last week, Flt xxx, departing FRA, on XX, A/C 270 had a CDL that originated in PHL, I believe -- CDL 23-011 for a missing static discharger. No big deal, we thought, since we have 43 on the A330.
But, upon checking the CDL in the big blue book, it states that if it is on a flap fairing, it is recommended to be replaced before flight. Well, that is where our missing static discharger was originally located. So, Captain called dispatcher and MOC to get it replaced.
After a lengthy discussion about what recommended means to them, they decided to send us an ACARS message with the following:
Ref CDL 23-011 Static Discharger is Priority 3 and MTC does not have part in FRA / Part number is 97-2361-30001 CDL have 120 days fix Disp Nigel 0915Z End
This is an exact copy of what was sent to us. They did not put a new discharger on the airplane that day.
Do we need to get an exact definition of "recommended" from the FAA or Airbus? Why use that word if it is not binding?"


Captain Tom Kubik
Chairman, USAPA Safety Committee

 

[Pi brat]

And even IF financing was found and BK exit was assured (which it was not), the furloughed US pilots would only have had the expectation of returning to the right seat of an RJ or 320, and little expectation of ever seeing the left seat of the 320 before retirement again. Those that did get to the left seat of the 320 for a short time would almost certainly not see the the left seat of the 330. It is a simple mathematical equation based on retirements and static fleet at the time of the merger.

That is just not true. You cannot make that blanket statement. I flew with a guy that was hired in '89 and would have retired in the top 10 of a standalone US list, over 700 on the Nic.

 

[Pi brat]

Clear nails it.

Really? I haven't seen him nail much. If he did, why didn't you guys get a default judgement?

 

[cleardirect]

That is just not true. You cannot make that blanket statement. I flew with a guy that was hired in '89 and would have retired in the top 10 of a standalone US list, over 700 on the Nic.

What number would he have retired when usairways closed the doors in 2005 with out the merger

Can you point to the requirement to look at retirement position as criteria for seniority integration.

 

[Pi brat]

What number would he have retired when usairways closed the doors in 2005 with out the merger

Can you point to the requirement to look at retirement position as criteria for seniority integration.

What number would you have retired had AWA closed the doors in 2008 in the worst recession since the depression? When did you expect to upgrade to an A330 in PHL?

How did that default judgement work out for ya? Several billable hours for the good Dr!

 

[Black Swan]

The filing deadline was April 4 there was not an order allowing the delay at the time. So yes usapa missed the deadline. The court came back and granted more time but not all usapa requested.

Usapa will be in default as soon as they present a seniority list other than the Nicolau with an LUP. If will be up to the company to,decide if that LUP is legitimate or not and to accept another list or not. The companies fear is the accept an LUP that is not valid. They wate a lot of time and are now liable for,damages. The company does not want to make the decision first before a trial. Judge Silver did not say usapa had a valid LUP she said you need one. If she thought you had one why not just say. This is a valid LUP and move on? Or if she thought usapa had an LUP she could have just said usapa can use any list they want.

Silver requires an LUP. The company has to agree to it. Usapa has not expressed a valid LUP yet.

Until usapa can get the company and a court to sign off on an LUP. The Nicolau is the list. The deadline for the LUP is the day usapa tries to use something other than the Nicolau.

[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implementing
the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots furloughs,
Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA&rsquo;s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.3

That is from the 9th, that cleaned up the first Arizona legal debacle from Wake. Now read the LIEs Cleardirect puts out. Does it say ANYTHING about LUP? NO. Does it say it has to be the NIC? NO. Clear makes up LIE after LIE. If you still believe any of his LIES, it is your fault. This is the court which will clean Silvers clock if she dares take the path Wake did. She is too smart. Just sit back and watch. The LUP is their last straw they simply made up. Even Bybee didn't talk about it. It is another stunt their incompetent legal group thought up.

 

[cleardirect]

[8] Plaintiffs seek to escape this conclusion by framing
their harm as the lost opportunity to have a CBA implementing
the Nicolau Award put to a ratification vote. Because
merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots furloughs,
Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA&rsquo;s final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.3

That is from the 9th, that cleaned up the first Arizona legal debacle from Wake. Now read the LIEs Cleardirect puts out. Does it say ANYTHING about LUP? NO. Does it say it has to be the NIC? NO. Clear makes up LIE after LIE. If you still believe any of his LIES, it is your fault. This is the court which will clean Silvers clock if she dares take the path Wake did. She is too smart. Just sit back and watch. The LUP is their last straw they simply made up. Even Bybee didn't talk about it. It is another stunt their incompetent legal group thought up.

Judge silver ruled AFTER the ninth. Knowing full well what they said.

I did not make up the LUP it is right there in her order plain as day for everyone to see. Her order complies with the ninth. It may not be the Nicolau as long as usapa as an LUP. It may not be the Nicolau as long as it does not work the disadvantage the west fears. That means compare usapa's proposal to the Nicolau. If it is as good or better than the Nicolau and usapa has an LUP. See if you can get the company to accept it and the west not to sue. Otherwise it is the Nicolau.

Not really that hard to understand.

Wake talked about LUP. The ninth did not have a problem with that or they would have said something. Judge Silver requires an LUP.

Not lying just reminding you of the rules of the game.

 

[Black Swan]

Judge silver ruled AFTER the ninth. Knowing full well what they said.

I did not make up the LUP it is right there in her order plain as day for everyone to see. Her order complies with the ninth. It may not be the Nicolau as long as usapa as an LUP. It may not be the Nicolau as long as it does not work the disadvantage the west fears. That means compare usapa's proposal to the Nicolau. If it is as good or better than the Nicolau and usapa has an LUP. See if you can get the company to accept it and the west not to sue. Otherwise it is the Nicolau.

Not really that hard to understand.

Wake talked about LUP. The ninth did not have a problem with that or they would have said something. Judge Silver requires an LUP.

Not lying just reminding you of the rules of the game.

You forgot to mention, or lied, that the 9th is the SUPERIOR court to WAKE and Silver. The ones that can and will clean up their judicial transgressions, omissions, or misguided legal procedings. It doesn't matter what Silver says if it is not correct. The 9th made NO mention of LUP, and they CLEARLY said the Nic may be not used. and there may be no harm. How about that for some clarity.
Nobody cares what Wake said. He is an incompetent judge. He had no understanding of RLA law. I loved when he made the statement he was losing sleep. He should have. He was warned he would have RLA attorneys PARACHUTING into his courtroom to kick his butt had he imposed the Nic as he was considering. That shows you how little he knew about RLA law. It is absolutely hilarious watching you guys run afoul of RLA issues. You and Mr Harper honestly are in over your heads.

 

[Claxon]

http://www.airlineroutemaps.com/USA/US_Airways_PHX.shtml

http://www.airlineroutemaps.com/USA/Southwest_Airlines_PHX.shtml

 

[Black Swan]

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. See Diss op. at 8021-22.
That is a quote from the 9th. There goes your legal and binding. ALPA could have and should have had the balls to do it, they dumped it off on Wye River, then Rice Committee. The 9th has a clear understanding that Nicolau is NOT binding. Just an internal process and proposal. The West can't seem to grasp this concept and RLA procedure, so they get hammered on a regular basis legally. There is no way the Nicolau Award is mandated, and there is your proof. That is right from the 9th. Clear will tell you lies, but he has NO proof.

 

[Phoenix]

The filing deadline was April 4 there was not an order allowing the delay at the time. So yes usapa missed the deadline. The court came back and granted more time but not all usapa requested.

Usapa will be in default as soon as they present a seniority list other than the Nicolau with an LUP. If will be up to the company to,decide if that LUP is legitimate or not and to accept another list or not. The companies fear is the accept an LUP that is not valid. They wate a lot of time and are now liable for,damages. The company does not want to make the decision first before a trial. Judge Silver did not say usapa had a valid LUP she said you need one. If she thought you had one why not just say. This is a valid LUP and move on? Or if she thought usapa had an LUP she could have just said usapa can use any list they want.

Silver requires an LUP. The company has to agree to it. Usapa has not expressed a valid LUP yet.

Until usapa can get the company and a court to sign off on an LUP. The Nicolau is the list. The deadline for the LUP is the day usapa tries to use something other than the Nicolau.

On what day will USAPA be in default for failing to provide Silver a LUP. No more equivocating. Give us the filing deadline and the address USAPA must present. What is it?