AUG/SEPT 2012 US Pilots Labor Discussion

[nic4us]

From ADDINGTON? Better read the transcripts, the minute that "WAKES" order was vacated that case ceases to exist, you are back to square one, get out your checkbooks, your going to have to find another judge that needs a hobby case like "WAKE DID! MM!

Really?

So, the 9th circuit's Addington case no longer exist?


Relax MM. Nobody is going to sue.

The company will appeal, usapa will stay parked under injunction and on LOA93, and the Nic will remain the only system seniority list at LCC if the merger goes down.

 

[Pi brat]

[background=#fff]11/2011

"You'll be working under a Nic. inclusive joint contract by next Christmas.

MARK MY WORDS!!

Res Judicata...a thing already decided."[/background]

[background=#fff]Sorry, I couldn't resist.[/background]

 

[luvn737s]

Silver gave USAPA the right to negotiate seniority with your company without the Nic and LCC is indemnified from the suit Nic4 claimed they would face.

No, she said she could rule on the case after USAPA stepped on the mine they laid for themselves. I saw no evidence the company would be off the hook if USAPA's list was implemented.

 

[nic4us]

Look, I'm not trying to dig or in anyway gloat, because in reality we have all lost in the long run that has all of us carrying deep running scars. But my only question, and you can think about this for awhile and are certainly not compelled to answer, but do you ever think that a time for you and maybe for your West co-workers that this financial contribution and support you have for AOL most likely is good money after bad and needs to end? Just maybe an honest answer for an honest question.

Easy answere, and I don't even have to think about it.

I will continue to fund AOL until the Nic is used at LCC or in any future merger.

You have nothing to gloat over. You support a scab union that is a complete failure and a disgrace to organized labor, and it is worth every penny we donate to fight.

 

[Phoenix]

The company will appeal, usapa will stay parked under injunction and on LOA93, and the Nic will remain the only system seniority list at LCC if the merger goes down.

"We made them drink poison last night and Saddam Hussein's soldiers and his great forces will give the Americans a lesson which will not be forgotten by history. Truly."​

 

[nic4us]

" Counsel for USAPA reiterated that USAPA was prepared to engage in serious, genuine discussions with the West Pilots over the seniority proposal,..."

Any ideas what exactly this may mean?

Yep...usapa was kissing the judges ###. What it means is usapa will use the NIc or get themselves and the company sued. There ain't no West Pilots to negotiate with, and the mere fact that if they try, they are guilty of DFR right then might pose a little problem.

 

[Phoenix]

If they file the appeal correctly, which I'm sure they know how to do, then the 9th HAS to hear it, it is APPEAL BY RIGHT.

If who files an appeal? The West or the Company?

The West Pilots do not cite, and the Court is not aware of, any authority
stating the filing of an action by another entity can convert an unripe case
into a ripe case. Based on the Ninth Circuit’s ruling on the exact issue, this
Court is required to dismiss the West Pilots’ Cross-Claim as not ripe. See
Hart v. Massanari, 266 F.3d 1155, 1170 (9th Cir. 2001) (“If a court must
decide an issue governed by a prior opinion that constitutes binding
authority, the later court is bound to reach the same result, even if it
considers the rule unwise or incorrect. Binding authority must be followed
unless and until overruled by a body competent to do so.&rdquo😉.

Judge Silver, May 31, 2011

 

[luvn737s]

Look, I'm not trying to dig or in anyway gloat, because in reality we have all lost in the long run that has all of us carrying deep running scars. But my only question, and you can think about this for awhile and are certainly not compelled to answer, but do you ever think that a time for you and maybe for your West co-workers that this financial contribution and support you have for AOL most likely is good money after bad and needs to end? Just maybe an honest answer for an honest question.

Honest question - should USAPA just disband in light of their inability to run a union and provide a single benefit to any USAPA member?

 

[nic4us]

That's right. Cleary met with Ferguson, offered the possibility of some sort of compromise and Ferguson declined.

If the east is willing to revisit this, and a mechanism could be established where the west can represent and negotiate on behalf of itself we could kill two birds - the Nic and the DFR.

Make sure you move me up the seniority list...otherwise I am suing.

 

[nic4us]

11/2011

"You'll be working under a Nic. inclusive joint contract by next Christmas.

MARK MY WORDS!!

Res Judicata...a thing already decided."

Sorry, I couldn't resist.

It ain't Christmas yet!!!

 

[mrbreeze]

someone seems a little testy rumor has it Davidson realtors are in a panic

actually they are relieved that the rif raf will not destroy the neighborhood.

 

[Piedmont1984]

Make sure you move me up the seniority list...otherwise I am suing.

Anybody can sue. But if both parties, east and west, reach some sort of resolution - good luck with that lawsuit.

 

[end_of_alpa]

Really?

So, the 9th circuit's Addington case no longer exist?


Relax MM. Nobody is going to sue.

The company will appeal, usapa will stay parked under injunction and on LOA93, and the Nic will remain the only system seniority list at LCC if the merger goes down.

Hiroo Onada.
http://www.todayifoundout.com/index.php/2010/02/a-japanese-soldier-who-continued-fighting-wwii-29-years-after-the-japanese-surrendered-because-he-didnt-know/

Never mind last question, I think I got my answer.

 

[Walmartgreeter]

I will give a contrarian view from the balcony. Don't think it will happen, but what if? Against the advice of Legal Counsel, the NAC, and the Officers the BPR did not recommend a yes vote on the MOU, sticking a (admittedly well deserved) hot poker in Parker's eye.

Now fast forward to M/Bond seniority hearings..guess who sits at the table with USAPA, APA, and maybe the West pilots? Why the company of course. Parker plops down the Nic and says "have a nice day." Sweet revenge.

Nobody really "won" today. We are all still the lowest paid, most pitiful pilots in the industry. We seem incapable of even climbing the first rung on the ladder out of our dark hole. I sincerely hope the West guys get separate status in M/B (if the merger happens.) But I just don't see it, granting them that status would open the door to the TWA guys, and any other "already represented" pilots to claim status. But I do hope they get it, maybe USAPA can be proactive in that regard.

Greeter

 

[Phoenix]

Never mind, I got the answer.

Silver asked USAPA to write a proposed order that grants usapa their motion for summary judgment, denies USAPA motion for discovery and denies the Addington class their motion for summary judgment and dissolves Addington class.

Prediction:

AOL appeals (appeal by right, as they should and maybe joined by company)

AOL asks appeals court for temporary stay of the order (denied)

AOL asks appeals court for oral argument (denied)

AOL looses appeal.

AOL asks appeals court for En Banc ruling (denied)

AOL applies for certiorari to the SCOTUS (cert. denied)

Closure? That's yet to be seen but extremely LONG LONG ODDS when suing US Airways and USAPA/APA. Good luck.

If the Addington Class is dissolved, who does AOL work for?