August 2013 Pilot Discussion

[cleardirect]

If the POR occurs in September, then the clock starts for SLI negotiations. If an agreement is reached (so as to avoid M/B arb), a new combined list could be in place by the end of the year. As Clear stated, the APA does not want delays.
Comparing this timeline to Judge Silver's timeline; if she takes more than 3 months to rule, her decision could be largely unenforceable, as a new list would already be in use and USAPA dissolved. This is supposing a ruling for the plaintiffs, which I find highly unlikely.
Ripe, dismissed with prejudice.
Cheers.

Yet another delusional eastie. There will be no agreement on seniority and it will go to arbitration. Unless you think usapa will agree to be stapled to the bottom of the APA list.

If judge Silver was going to dismiss why didn't she do it before a very short one day trial? You know like the judge in the RICO suit did. No trial he determined that usapa had no facts and no case. If she thinks she only needs one day to dismiss or does she have all the facts and just needs one day to find usapa guilty?

 

[Metroyet]

I KNOW, beyond a shadow of a doubt that the APA will not even meet with USAPA to discuss any seniority integration between the two unions if the East/West issue isn't resolved in court FIRST. You guys aren't going to "slip" anything by anybody. Everybody has known for years what USAPA actually is. Silver nailed it just the other day in her order as well.

APA isn't going to enter the room to hear all about your fabulous DOH, with conditions and restrictions...solely of your own discriminatory, arbitrary, bad faith design.

 

[PullUp]

In order to dismiss with prejudice, she would have to vacate a final and binding arbitrated award, 6 years past the SOL for contesting the award.

That right there is what they call grounds for an appeal.

An agreement could be reached between the APA and usapa to avoid arbitration, and if that agreement disregards the Nic, it is off to the DFR races once again, with injunction sought for the illegally obtained "agreed" to list. Does not sound like the no delay path of least resistance to me.

Google "dismissed with prejudice"
Cheers.

 

[nevergiveup]

You easties are amazing. You try and turn everything around. You renege on binding arbitration and now try and say the west really are the ones that are wrong.

The west is not reneging on the MOU just forcing you easties to live up to your original agreement to use the Nicolau. The mutually agreed conditions. I agreed to use M/B to integrate US Airways pilots and American pilots. Not east west because the M/B law does not allow that to integrate intra union mergers or merger that happened before December 2007. We are trying to follow the law not get around it.

You guys can put all your hopes dreams on the ninth. The most overturned court in the county.

Did you stand up in the road show and ask if they were going to use the NIC in the MB process?

 

[PullUp]

If she thinks she only needs one day to dismiss or does she have all the facts and just needs one day to find usapa guilty?

Ah, that IS the question, isn't it?
Tune in on 9-24 for the answer.....
Cheers.

 

[cleardirect]

Google "dismissed with prejudice"
Cheers.

So google is your "legal" education?

How about the order?

Motion to Dismiss Filed by AWAPPA Defendants [Doc. 77] are GRANTED

to the extent that Counts One and Two of the Amended Complaint are

DISMISSED WITH PREJUDICE pursuant to Rules 12(B)(1) and 12(B)(6) of

the Federal Rules of Civil Procedure.


Means don't bring this crap back in my court ever again. Really a rare thing because the court usually lets people file for anything. Usapa got it so wrong the judge said go away.

No court has told the west to go away just come back later.

 

[cleardirect]

Did you stand up in the road show and ask if they were going to use the NIC in the MB process?

Did Shamanski tell the judge usapa would consider the Nicolau? Did he get caught by that same judge lying to the court?

 

[PullUp]

The west is not reneging on the MOU just forcing you easties to live up to your original agreement to use the Nicolau. The mutually agreed conditions. I agreed to use M/B to integrate US Airways pilots and American pilots. Not east west because the M/B law does not allow that to integrate intra union mergers or merger that happened before December 2007. We are trying to follow the law not get around it.

Well, you agreed to the MOU which clearly states status quo "lists" moving forward past the POR. These "lists" (plural) cannot be changed except to integrate them into the combined new AA list.
You guys voted for it. Live with it.
Cheers.

 

[PullUp]

Did Shamanski tell the judge usapa would consider the Nicolau? Did he get caught by that same judge lying to the court?

Isn't that what lawyers do for a living?

 

[PullUp]

No court has told the west to go away just come back later.

Yep, because you prematurely adjudicated multiple times. This time it's ruled to be ripe - and eligible to be not only dismissed, but put to bed permanently.
Dismissed with prejudice....has a nice ring to it and solves everyone's problems.
Cheers.

 

[PullUp]

So google is your "legal" education?

So, what is your legal education, Perry Mason?

 

[cleardirect]

Isn't that what lawyers do for a living?

Lie to judges? Not for long.

 

[cleardirect]

Yep, because you prematurely adjudicated multiple times. This time it's ruled to be ripe - and eligible to be not only dismissed, but put to bed permanently.
Dismissed with prejudice....has a nice ring to it and solves everyone's problems.
Cheers.

This case will be decided permanently just not the way you hope it will be.

Dismissing this case does not solve anyone's problem. Not the company, the west, the app or usapa.

Now having Shamanski hauled away for contempt and locked up for a few days. That has a nice ring to it.

The gavel banging down with a guilty verdict and a permanent injunction requiring the Nicolau as agreed. That has a nice ring to it. You easties whining for the rest of your careers that has a nice ring to it.

 

[nic4us]

Well, you agreed to the MOU which clearly states status quo "lists" moving forward past the POR. These "lists" (plural) cannot be changed except to integrate them into the combined new AA list.
You guys voted for it. Live with it.
Cheers.

Nope, not what the MOU says at all.

The MOU says the lists will not be changed at LCC while we are LCC.

No mention whatsoever of separate listS once we become the New American, other than
that the LCC pilots seniority will be integrated with the AMR pilots seniority via MB.

MB clearly states it cannot be used for mergers prior to 2007.

LCC has only one accepted system seniority list covering it's pilots.

The MOU therefore clearly calls for AMR/LCC pilot integration using the Nic and MB. Why do you think the West voted almost unanimously in favor?

Oops...did you vote in favor also, and is uscaba going to once again violate their DFR by trying to break yet another contract?

 

[nic4us]

Google "dismissed with prejudice"
Cheers.

Google "final and binding"

Have a nice day!