August 2013 Pilot Discussion

[snapthis]

Umkay. See my screen name. I'm a Westie! We need to drop all the lawsuits and just accept what we voted on and agreed to.

Besides that I can't afford this platinum donations plan. I have so many other things that I should spend my hard earned money on. We Westies get paid more than the East scum and we shouldn't waste our extra money on futile lawsuits. There are so many things that would be money well spent. As great as Marty is (and I love him to death--and our 2004 DOH leaders too)... Well I just can't afford to fund their lifestyle anymore. My wife gave up a couple years ago and is really putting the pressure on me to just move ahead.

Phoenix, the West does not have a platinum level. Busted.

Pssst, I think you are an East pilot with a misleading avatar 😉

 

[Reed Richards]

<p>

Umkay. See my screen name. I'm a Westie! We need to drop all the lawsuits and just accept what we voted on and agreed to.

Besides that I can't afford this platinum donations plan. I have so many other things that I should spend my hard earned money on. We Westies get paid more than the East scum and we shouldn't waste our extra money on futile lawsuits. There are so many things that would be money well spent. As great as Marty is (and I love him to death--and our 2004 DOH leaders too)... Well I just can't afford to fund their lifestyle anymore. My wife gave up a couple years ago and is really putting the pressure on me to just move ahead.

Phoenix, I wanted to thank you for your posts over the weekend. Still catching up on all this, but you have pretty much framed the logic (rather very cryptic logic) in the current ruling.The more I read, the more I think Judge Silver just did Doug Parker a big, in fact huge favor. I am going to study a while before making my self-important predictions on things to come. One thing is sure, and fact: Marty and Andrew McCarthy will no longer be carrying Addington I around Silver's beach party house. It already was dead, but any chance of a sequel is now over. Film at eleven. RR

 

[A320 Driver]

<p>

Phoenix, I wanted to thank you for your posts over the weekend. Still catching up on all this, but you have pretty much framed the logic (rather very cryptic logic) in the current ruling.The more I read, the more I think Judge Silver just did Doug Parker a big, in fact huge favor. I am going to study a while before making my self-important predictions on things to come. One thing is sure, and fact: Marty and Andrew McCarthy will no longer be carrying Addington I around Silver's beach party house. It already was dead, but any chance of a sequel is now over. Film at eleven. RR

She's managed to boil the whole thing down to one simple question. Was USAPA in violation or its DFR for not insisting the NIC be included in the MOU? She's already said it doesn't have to be the NIC like how many times? So, the West expectation is that on September 24th, the whole MOU is going to be derailed to accomodate the NIC? Even though 98% of them voted FOR it? This is going to be interesting to watch.

 

[Freighterguynow]

Well, we can all agree the fat lady sang.

 

[cactusboy53]

She's managed to boil the whole thing down to one simple question. Was USAPA in violation or its DFR for not insisting the NIC be included in the MOU? She's already said it doesn't have to be the NIC like how many times? So, the West expectation is that on September 24th, the whole MOU is going to be derailed to accomodate the NIC? Even though 98% of them voted FOR it? This is going to be interesting to watch.

[font="Times New Roman""]&ldquo;&hellip;The Arbitration Board conducts an evidentiary hearing, with witnesses, evidence and a stenographic transcript. The Board&rsquo;s Opinion and Award are to be issued simultaneously, within 150 days following the PID, unless both pilot groups and ALPA&rsquo;s President agree to an extension. The Merger Policy provides, &ldquo;The Award of the Arbitration Board shall be final and binding on all parties to the arbitration and shall be defended by ALPA.&rdquo; 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.&rdquo;[/font]
[font="Times New Roman""]US Airwaves June/July 2000[/font]
[font="Times New Roman""]US Air Merger Committee Members: Todd Cardoza (PIT), Mike Cleary (BOS),Randy Mowery (PIT)[/font]

 

[cactusboy53]

[font="Times New Roman""]&ldquo;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&rsquo;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.&rdquo;[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]Judge Roslyn O. Silver, Chief United States District Judge[/font]

[font="Times New Roman""]No. CV-10-01570-PHX-ROS ORDER; October 11, 2012[/font]

 

[cactusboy53]

[font="Times New Roman""]IT IS FURTHER ORDERED [/font][font="Times New Roman""]the Clerk of Court shall enter judgment dismissing Counts I and III of the complaint and in favor of US Airline Pilots Association on Count II of the complaint stating US Airline Pilots Association&rsquo;s seniority proposal does not breach its duty of fair representation provided it is supported by a legitimate union purpose.[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]Judge Roslyn O. Silver, Chief United States District Judge[/font]

[font="Times New Roman""]No. CV-10-01570-PHX-ROS ORDER; October 11, 2012[/font]

 

[cactusboy53]

[font="Times New Roman""]&ldquo;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. &hellip;&hellip;.The arbitrator&rsquo;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&rsquo;s proposal for a non-Nicolau list to constitute an unlawful breach of the union&rsquo;s duty of fair representation&hellip;.&rdquo;[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]Paul D. Jones; Vice President &ndash; Legal Affairs and Chief Compliance Officer[/font]

[font="Times New Roman""]Exhibit 1 of Declaration of Counsel; Case 13-15000, 02/20/2013[/font]

 

[cactusboy53]

[font="Times New Roman""]THE COURT: The record will show the presence of the jury, counsel. Will the foreperson please tell us whether the jury has unanimously reached a verdict.[/font]
[font="Times New Roman""]JURY FOREPERSON: We have, Your Honor.[/font]
[font="Times New Roman""]THE COURT: And will you please hand it to the clerk. All right. And will the clerk please read and record the verdict?[/font]
[font="Times New Roman""]THE COURTROOM DEPUTY: Omitting the caption, we the jury, duly empaneled and sworn in the above-entitled matter, find as follows: On the plaintiff class's claim for breach of duty of fair representation against defendant USAPA, in favor of plaintiffs.[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]Don Addington, et al.,Plaintiffs, vs. US Airline Pilots Association, et al., Defendants.[/font]

[font="Times New Roman""]Jury Trial, Day 11 &ndash; VERDICT[/font]

 

[cactusboy53]

[font="Arial""]3 [/font][font="Times New Roman""]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. [/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]Ninth Circuit Court of Appeals Opinion[/font]

[font="Times New Roman""]Case: 09-16564 06/04/2010[/font]

 

[cactusboy53]

[font="Times New Roman""]THE COURT: Well, I guess if they don't promulgate a list the failure to act certainly is often deemed to be a decision, right, that's the way the government is often viewed under the Administrative Procedures Act is you can either make a decision and somebody says it's arbitrary and capricious or your failure to make a decision, which essentially a decision in and of itself is arbitrary and capricious.[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]Judge Sean H. Lane, US Bankruptcy Judge[/font]

[font="Times New Roman""]US Bankruptcy Court Transcripts: April 3, 2013[/font]

 

[cactusboy53]

[font="Times New Roman""]&ldquo;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.&rdquo;[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]George Nicolau, Mediator[/font]

[font="Times New Roman""]AWA/AAA Opinion & Award; May 07, 2007[/font]

 

[cactusboy53]

[font="Times New Roman""]The Board shall retain jurisdiction[/font][font="Times New Roman""] 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.[/font]
[font="Times New Roman""] [/font]
[font="Times New Roman""]George Nicolau, Mediator[/font]

[font="Times New Roman""]AWA/AAA Opinion & Award; May 07, 2007[/font]

 

[cactusboy53]

Hey, it's not an Ansett ..

 

[crazystnic]

more spam, spam spam... your opinion or what you try to frame means nothing.
we are at 2nd base of a long game.