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August 2013 Pilot Discussion

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I missed your response to Res. I'll quote a very nice young lady.

“You know you're doing something right when you've reduced hordes of liberals to blind, sputtering rage.”
― Ann Coulter

 
Whatever, Mike.

Let me guess. Hillary in 2016.

Better for you. Biden.
Sept 24 surprise, no merger, no case. No surprise.


"THE COURT: If there's no merger, what case do you
have in front of me?

MR. HARPER: Candidly, probably none."
 
Where is USAPA's support for the merger? It seems APA is looking out for their pilots. It appears USAPA is looking out for ...........USAPA.


An Open Letter to
Texas Attorney General
and Gubernatorial
Candidate Greg Abbott
from the 10,000 Pilots
of American Airlines



Dear Mr. Abbott,
Your candidate website states that “Greg Abbott is fighting for Texas
families and values.” Unfortunately, that just doesn’t square with the
announcement that the state of Texas has joined a lawsuit in federal court
challenging the pending merger of American Airlines and US Airways.
Fort Worth has been the proud home of American Airlines for more than
30 years. Throughout much of that period, the airline’s Dallas-Fort Worth
hub has served as a powerful economic engine for the region.
American Airlines has struggled in recent years in the face of competition
with two much larger megacarriers — Delta-Northwest and United-
Continental — whose mergers were blessed by the Department of Justice.
Nevertheless, American Airlines remains the largest employer in North
Texas, directly employing tens of thousands of hard-working, middle-class
Texans and indirectly supporting many more jobs and businesses.
The merger with US Airways would enable American Airlines to address
network and revenue deficiencies and exit Chapter 11 restructuring on a
level playing field with United and Delta. A reinvigorated American Airlines
would then offer business and international travelers a viable alternative to
those carriers, providing an important competitive counterbalance.
So, we have to ask: Are you opposed to having a leading global carrier
headquartered in Fort Worth? Considering everything at stake — including
the large number of jobs and the tax revenues they generate — that doesn’t
make any sense.
If American Airlines and US Airways are not permitted to merge, American
Airlines would emerge from bankruptcy as a standalone airline in a weak
competitive position. The airline could then be forced to shed less profitable
routes, affecting the very same markets in rural Texas that you voice concern
about in opposing the merger.
As for the notion that American Airlines and US Airways “compete directly
on thousands of heavily traveled nonstop and connecting routes,” that’s not
even close to accurate. The two airlines compete directly on a total of 12
nonstop routes. Their route networks are highly complementary with very
little overlap — much more so than in any other recent airline merger.
For the sake of American Airlines, its many Texas-based workers and the
economic well-being of this great state, we hope you’ll reconsider your
position.
The Allied Pilots Association, representing the 10,000 pilots of American
Airlines, is headquartered in Fort Worth, Texas.
 
I guess its just an oversight on USAPA's part. Since everyone is assuming the West Class will soon be "appointed" as a new bargaining agent on the property, we thought you could take care of yourself. Knock yourself out, send a LEO letter to the AZ Attorney General. Let him know how much "ripeness" is at stake in our appeal of your lawsuit. Have Marty threaten him. You NEED this merger. That will get him going! RR
 
I guess its just an oversight on USAPA's part. Since everyone is assuming the West Class will soon be "appointed" as a new bargaining agent on the property, we thought you could take care of yourself. Knock yourself out, send a LEO letter to the AZ Attorney General. Let him know how much "ripeness" is at stake in our appeal of your lawsuit. Have Marty threaten him. You NEED this merger. That will get him going! RR

You are correct RR. There will soon be the Pittsburgh Class and Philadelphia Class.
Why not if the west is allowed a class. Let's see what the 9 th says about the nutty AZ legal system.
Marty and his misfits can fend for themselves.
 
Where is USAPA's support for the merger? It seems APA is looking out for their pilots. It appears USAPA is looking out for ...........USAPA.


An Open Letter to
Texas Attorney General
and Gubernatorial
Candidate Greg Abbott
from the 10,000 Pilots
of American Airlines






Dear Mr. Abbott,
Your candidate website states that “Greg Abbott is fighting for Texas
families and values.” Unfortunately, that just doesn’t square with the
announcement that the state of Texas has joined a lawsuit in federal court
challenging the pending merger of American Airlines and US Airways.
Fort Worth has been the proud home of American Airlines for more than
30 years............................................................................................................................................................................

economic well-being of this great state, we hope you’ll reconsider your
position.
The Allied Pilots Association, representing the 10,000 pilots of American
Airlines, is headquartered in Fort Worth, Texas.



PS; We American Airlines pilots are gonna make 100,000 in equity per pilot and get a raise even though our company was bankrupt. It is our only alternative so the merger makes perfect legal sense to us.
 
"Its CEO observed in December 2011 that
“A[merican] is not going away, they will be stronger post-bankruptcy because they will have less debt and reduced labor costs.” A US Airways’ executive vice president similarly wrote in July2012 that “[t]here is NO question about AMR’s ability to survive on a standalone basis.”

http://www.justice.g...9900/299968.pdf
 
I missed your response to Res. I'll quote a very nice young lady.

“You know you're doing something right when you've reduced hordes of liberals to blind, sputtering rage.”
― Ann Coulter
It's really hard if not impossible to convey emotion on web boards but here goes... GFYS, me laughing at you shaking my head, shrugging my shoulders, wondering how you guys get in the cockpit of an aircraft and wondering why West pilots simply can't speak logically. Talk about emotion from the East. Oi Vay!
 
Judge Silver has waded into deep waters: She has F-ed her own two tests for ripeness. Judge Silver properly cited two standards of ripeness that were necessary in her Doc 122 order, but inexplicably she failed to properly apply either of them. She F-ed it up, and when she had the opportunity to readdress it on 15 Aug she simply dug herself deeper.


Silver's Two Tests of Ripeness

1) "a question is fit for decision when it can be decided without considering contingent future events that may or may not occur as anticipated, or indeed may not occur at all.” Cardena v. Anzai, 311 F.3d 929, 934 (9th Cir. 2002).

Silver's Decision on Ripeness (Doc 122): "For the claim the West Pilots are actually making, there are no contingent future events the Court must consider."

Fail: On 15 Aug she contradicted herself....​

THE COURT: If there's no merger, what case do you have in front of me.
MR. HARPER: Candidly, probably none
THE COURT: Okay. So then that's at least --candidly, you're saying there's -- if there's no merger, you
have no case in front of me; if there is a merger, you have the case..

2) "a litigant must show that withholding review would result in direct and immediate hardship and would entail more than possible financial loss.” Stormans, Inc. v. Selecky, 586 F.3d 1109, 1126 (9th Cir. 2009) (emphasis added)


FAIL: It is bad enough that Silver speculated about harm that she now admits is an uncertain contingency, but even worse (especially for a judge that should know better) she has taken upon herself a dubious authority to substitute speculative harem to the merger as if it were in fact harm to the Plaintiff. USAPA has a duty to fairly represent its pilots during negotiations, not to protect a merger on behalf of the companies. Protecting the merger from delay is not in any way a responsibility for USAPA, and by definition they cannot be guilty of a responsibility they don't have. Silver should explain this switcheroo.​
FAIL AGAIN: Silver presses ahead based on harm to the airline industry... "USAPA seeks to delay this case. But in the context of airline travel, a delay is never welcomed. The case will continue..."
FAIL A THIRD TIME: In speculating that a delay to the merger is in fact a harm to the plaintiff (doesn't she remember this is a DFR Trial? :lol: ), Judge Silver has contradicted herself again by admitting that the MOU/Merger is a positive benefit to the West, the exact opposite of harm. :lol:

You don't believe me? Then read her rationale for ripeness, in her own words...
In her Doc 122 order, pg. 5, her rationale for ripeness:

For the claim the West Pilots are actually making, there are no contingent future
events the Court must consider. That is, USAPA entered into the MOU and the MOU does
not require USAPA go into the McCaskill-Bond process with the Nicolau Award. Deciding
whether entering into that MOU breached the duty of fair representation does not depend on
anything yet to happen. Therefore, the first part of the ripeness test is met. As for the
possible hardship of withholding review, the West Pilots, US Airways, and AMR all stress
that allowing the dispute between the West Pilots and USAPA to continue to fester would
introduce substantial uncertainty into the merger process. That uncertainty would frustrate
a primary purpose of the merger: the immediate orderly integration of the two airlines’
operations. Acquiescing to USAPA’s request to withhold review for possibly years would
impose a needless hardship on pilots and the airlines. Accordingly, this case is prudentially
ripe.
 
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