August 2013 Pilot Discussion

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Wow, a Fox News Quote from a right wing poser/
Bottom line is the 9th will spank her highness if and when required. The AZ legal system is embarrassing, you have a AZ Federal Judge deferring to a corporate shark who had no clue his corporation was about to be spanked by the DOJ. Impressive legal footing and situational awareness. Perhaps Mrs. Siegle and Parker should pay more attention to their corporate duties and leave their union busting affairs alone for a while. Their merger just slammed into the same rocks that claimed the USS Nicolau.
Enjoy your drive to Shulas. Be sure to let the missus drive back, as we all are aware of the implications of bad legal news on the western front.

"Legal footing and situational awareness." I like that summation.

 

[snapthis]

First, READ THE LAST SENTENCE: " Judicial statistics kept by SCOTUSblog show that 9th CIRCUIT DECISIONS ACTUALLY HAVE A BETTER-THAN-AVERAGE showing before the Supreme Court. In the last session, 27 percent of its rulings were affirmed, while 60 percent were reversed. For all circuits, the reversal rate was 71 percent."

Secondly, Silver WAS OVERTURNED in the last RLA case she heard. http://cdn.ca9.uscourts.gov/datastore/opinions/2009/06/01/07-17232.pdf

"Defendant Mesa Airlines (“Mesa”) appeals the grant of a preliminary injunction in favor of Plaintiff Association of Flight Attendants (“AFA”). AFA and Mesa are parties to col- lective bargaining agreements (“CBAs”) that have expired. They are now in the process of bargaining for new agree- ments. AFA brought this suit after Mesa changed the applica- ble Federal Aviation Administration (“FAA”) regulations (“FARs”) for its scheduling of flight attendants. Previously, Mesa had used those designed for flight crews; after the change, it used those designed for flight attendants.
AFA contends that the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq., prevents Mesa’s unilateral change to the union’s status quo working conditions. It contends that its dis- agreement with Mesa over the change is a “major dispute” within the meaning of the RLA, and that it may therefore seek an injunction in federal district court against the change. Mesa contends that the terms of the parties’ CBAs permit it to make the change, and that its disagreement with AFA is a “minor dispute” within the meaning of the RLA for which the exclu- sive remedy is binding arbitration.
The district court held that the disagreement is a major dis- pute and granted a preliminary injunction against Mesa. Mesa has brought an "interlocutory appeal" over which we have appellate jurisdiction under 28 U.S.C. § 1292(a)(1). We hold that the dispute is a minor dispute within the meaning of the RLA. We therefore vacate the preliminary injunction and remand to the district court with directions to dismiss for lack of subject matter jurisdiction."

Silver dismissed US Airways in its order 122 which She considered it a minor dispute and she has no jurisdiction. Yet she is erroneously taking jurisdiction over a NOT RIPE case and even further she is involving herself in inter-union policies she has no business being in. I truly hope the Supreme Court weighs in by reaffirming that the definition of Seniority IS length of service and that any test for reasonableness falls outside that definition.

Jamie, starting with the Supreme Court article I posted established a pattern of 9th Circuit cases overturned, any way you cut it. I see you cited one case which does not establish a pattern. In addition, a Federal Judge would have more concerns of being reversed than siding with one group of pilots over another. She's looking at the facts of the case. It's ripe and will be heard. Your side needs to be getting prepared for September and not the appeal at this point.

Cart before the horse come to mind.

 

[Claxon]

PS. Say hello to Cleardirect from the Mr. And Mrs. Cleary
Understand he is on a sabbatical.

 

[snapthis]

PS. Say hello to Cleardirect from the Mr. And Mrs. Cleary
Understand he is on a sabbatical.

I don't know who he is, Mike. You seem to have more info on his abscece than me. Details please.

 

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Jamie, starting with the Supreme Court article I posted established a pattern of 9th Circuit cases overturned, any way you cut it. I see you cited one case which does not establish a pattern. In addition, a Federal Judge would have more concerns of being reversed than siding with one group of pilots over another. She's looking at the facts of the case. It's ripe and will be heard. Your side needs to be getting prepared for September and not the appeal at this point.

Cart before the horse come to mind.

But read the rest Mr. NO NAME! Ninth, 60%. ALL CIRCUITS (I presume average) 71%. Ninth is the largest "...the nation's biggest circuit, representing most of the western United States....". Better average than the others. SO??? Silver is making it ripe WITHOUT ARTICLE III jurisdiction and THAT is the Point Pat should have defended. Silver WILL BE OVERTURNED on this and it only serves to continue the suit after suit. The Judge pokes her finger in USAPA's nose about delay, and even solicits "pseudo" opinions from the other attorneys just to make it look impartial but impartial its not. She doesn't know the outcome of the DOJ lawsuit, and both Siegel and Harper say the same as Syzmanski. NO ONE KNOWS! If the Judge is TRUY trying to be helpful and resolve the issue Pat should ask her to certify a statutory interlocutory appeal under INTERLOCUTORY PERMISSIVE APPEALS (28 U.S.C. § 1292(B)). http://cdn.ca9.uscourts.gov/datastore/uploads/guides/appellate_jurisdiction_outline/Appellate%20Jurisdiction%20Outline%2012.09%20-%20no%20links.htm#TOC3_7 . You can read about it here.

 

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Anyone have Order Doc. 122? Please post the .pdf. AOL link broken. http://leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_122_Order.pdf

 

[prechilill]

You want your Nic windfall so bad you can taste it.

If the Nic didnt hurt us, then how can I backslide the rest of my career? I would have neen in the top 1%.

Stupid punk. And remember this too: soon you will be bidding my leftovers.

 

[dca319]

Silver isn't listening to Pat. She doesn't have jurisdiction and Pat should have pressed home that point. She is trying to end run the Ninth and Pat simply doesn't have the presence to press home the point. It simply isn't ripe and that is overwhelmingly evident. Now, however, there are good things to happen now that the DOJ has weighed in. We WILL appeal after the 24th when her ruling is against us. Yes, I predict a ruling against us. Even if we win, the Ninth can and will test for ripeness no matter the merger goes through or not because there will be a case in the future deciding CBA terms before a CBA is agreed to opens the floodgates for frivolous litigation like what we have now.

So why aren't we paying you to be our attorney instead of this lawyer?

 

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Stupid punk. And remember this too: soon you will be bidding my leftovers.

Scum Prechill has returned to the forum.

 

[dca319]

Lost our 3% grievance. What a surprise. Wonder where bucket is with the news?

 

[dca319]

Scum Prechill has returned to the forum.

As have you.

 

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So why aren't we paying you to be our attorney instead of this lawyer?

The same reason you voted for Hummel/Bradford/MOU.

 

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As have you.

So have you.

 

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Lost our 3% grievance. What a surprise. Wonder where bucket is with the news?

I don't know but pilots don't even deserve a union. Waste of money. I still believe Employment at will is the best and only option for labor now.

 

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So why aren't we paying you to be our attorney instead of this lawyer?

When this merger gets back on track and APA is the bargaining agent, who's going to fund the already planned appeals by Usapians?

Not me.