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August 2013 Pilot Discussion

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Word of the day: QUASH

Face it, USAPA, West pilots support Leonidas.

Deal with it.

Case 2:13-cv-00471-ROS Document 168 Filed 08/22/13
No. CV-13-00471-PHX-ROS
REPLY IN SUPPORT OF MOTION
TO QUASH (Doc. 149

Excerpt:

2. Moreover, USAPA fails to refute that the Leonidas subpoena would
put an extraordinary burden on Plaintiffs and their counsel at a
most inopportune time.
The Leonidas subpoena seeks virtually every paper document and electronic file
that has any link whatsoever to Leonidas. It defines terms such as “document,”
“Leonidas” and “pertaining” as broadly as possible. (Doc. 149-1 at 5-6.) It demands
productions of all corporate documents and minutes, all communications to and from the
class representatives, all communications to and from anyone concerning the seniority dispute, and all materials related to collecting or expending financial contributions. (Id. at
8-9.) Whew!
If ever a subpoena was overly burdensome this one is. USAPA might as well have
asked Leonidas to produce every paper and electronic file in its possession or control.
USAPA makes such demands knowing full well that the individuals and counsel who
would have to comply with the subpoena are focused on preparing for trial on September
24 and 25, 2013.
Courts have broad discretion to determine whether a subpoena is unduly
burdensome. Exxon Shipping Co. v. U.S. Dep't of Interior, 34 F.3d 774, 779 (9th
Cir.1994). This is surely a case where the Court should exercise such discretion.
II. CONCLUSION
Leonidas, LLC, respectfully asks this Court to quash the Subpoena served on it by
USAPA on August 7, 2013.
Dated this 22nd day of August, 2013.
POLSINELLI PC
By /s/ Andrew S. Jacob
Marty Harper
Andrew S. Jacob
Jenifer Axel
 
Huh. Be willing to sit down and negotiate away from the final and binding arbitration. The process that all parties agreed upon. Only doing so because the LARGER pilot group thinks "it's not fair!".

Sorry. Not gonna happen. Parker or the courts will finish this. The blame is still on USAPA. SYIC.

This might surprise you CB, but I kinda, of sort of agree with you premise. IF the only issue was that the east pilots FELT the arbitration was not fair, I'd support your statement.

Now there is plenty of evidence that Nicolau got parts of his award wrong. Our separate ops have pointed that out. But even if you reason that away, you are ignoring the real issue and is that the east had to ability to stop the forward progress no matter what the method. WE ALL AGREED TO THAT TOO, but you guys want to disregard that part. We had each other by the throat and instead of trying to work something out, both sides went for a total win.

So be it, but it has been very expensive for all of us and in the end, even if you win the Nic, it may not have been worth it.
 
So be it, but it has been very expensive for all of us and in the end, even if you win the Nic, it may not have been worth it.

How far off the Nicolau award do you consider it worth the cost for the East?

Would you concede the final list is not going to be anywhere close to DOH?
 
How far off the Nicolau award do you consider it worth the cost for the East?

Would you concede the final list is not going to be anywhere close to DOH?

I don't think Pi has reached the acceptance phase yet.

There is always therapy. :lol:
 
How far off the Nicolau award do you consider it worth the cost for the East?

Would you concede the final list is not going to be anywhere close to DOH?

I NEVER thought it would be DOH trader. If you would take the time to think about things you would remember that many east pilots thought the same thing. You are as bad as the usual west suspects about putting us all in the same boat.

I'll go you one further. I never thought the west MEC could accept a solution that would reorder the Nic. But, I think we failed at looking at any and all other solutions. I think the Nic, unaltered camp won out. So be it, but they seem unhappy with the cost. And it has been high for all of us.
 
I still believe the final result will ultimately be something other than straight Nic or straight DOH, which could have been consensually agreed to years back and hundreds of millions of $ ago.
 
Okay, happy now Snappy? Silly me, of course not.

Fellow Pilots,

Many of you have been contacting the Officers and BPR asking when USAPA is going to do something to support the merger, and many more of you probably have been asking yourself the same question. To be honest, there has been a lot going on in the background, but we want to ensure we take the correct steps, at the correct time. The Company's August 21 strategy meeting, which USAPA attended, confirmed that some unions were planning activities that the Company's media consultants did not recommend. We have been waiting for the Company to ask us to engage, but with the strategy meeting behind us, we now have some information on the Company's plan.

As many of you saw late yesterday afternoon, the Company petitioned the Court to expedite our case with the DOJ so that we can move forward with the merger. We are pleased to report that your BPR and Officers, along with other Union Leaders, unanimously support the efforts calling for an expedited trial in the DOJ’s objection to the AMR/US Airways merger. USAPA, the other unions, and the Company contributed in the crafting of the press release shown below that was issued yesterday evening.

Just to be clear, like the overwhelming majority of you, I am in full support of the merger and will continue to support efforts that are in the best interest of our pilots. We will do so in a coordinated effort that is in sync with the overall strategy which will lead to success in our endeavor to complete the merger. When your Union sees a need, we will seek your full support to make that happen.

Regards,

Gary Hummel, President


Unions Representing 70,000 American Airlines and US Airways Employees Call for Speedy Trial in Merger Litigation

Let Us Compete for Your Business!

Charlotte, NC, Euless, TX, Fort Worth, TX, and Washington, DC -- Aug. 22, 2013 -- The Allied Pilots Association (“APA&rdquo😉, the US Airline Pilots Association (“USAPA&rdquo😉, the Association of Professional Flight Attendants (“APFA&rdquo😉, Association of Flight Attendants-CWA (“AFA&rdquo😉, the Transport Workers Union (“TWU&rdquo😉 and the Communications Workers of America (“CWA&rdquo😉, unions representing 70,000 American Airlines and US Airways employees, including pilots, flight attendants, mechanics, technicians, aircraft dispatchers, call center representatives, and others, today echoed the companies’ request for a November 12, 2013 trial date in connection with the US Department of Justice’s (“DOJ&rdquo😉 lawsuit.

The unions issued the following statement:

We urge the U.S. District Court and the Department of Justice to begin the trial on November 12, 2013 in order to get to a speedy resolution to this exciting merger.

Our message to consumers everywhere is simple: "Let us compete for your business" starting as soon as possible.

Our members want a fair shot at competing in the marketplace. The airlines we work for, US Airways and American Airlines, can together succeed in a way that neither airline can alone, bringing new competition to the domestic and international airlines that serve Americans. The improved network and higher quality product will attract new customers, allowing the airlines to compete with the megacarriers in a way neither airline can do alone, creating greater job security for our members as a result.

Delaying a trial puts our families and our customers at further risk. For American and its employees, the uncertainty of the last two years in bankruptcy has already exacted a heavy toll. Employees at US Airways have had similar hardships with two bankruptcies since 9-11. In order to make new American competitive, that uncertainly should be ended as soon as possible.

The livelihoods of hard-working aviation professionals at American and US Airways hang in the balance. Jobs are at stake if this merger does not go through. For our members, job security that comes with truly competitive airlines is on hold as we wait for trial.

Our members have borne the brunt of the severe turbulence in the aviation industry. Justice delayed is justice denied for our members. This merger makes sense for competition, customers, and the members we represent who want nothing more than to compete aggressively on a level playing field to serve those customers.
 
I still believe the final result will ultimately be something other than straight Nic or straight DOH, which could have been consensually agreed to years back and hundreds of millions of $ ago.

Definition of PRAGMATISM


1
: a practical approach to problems and affairs <tried to strike a balance between principles and pragmatism>


Not a popular approach in our red/blue country.
 
Okay, happy now Snappy? Silly me, of course not.

Fellow Pilots,...........

Stop playing stupid, Pi. You know I posted that very update on the Pilot Action thread. I've already commented as you know.
Mr Hummel,

I just read the update:

Taking two points from your letter
1) "to be honest"
Isn't that your duty to the membership?

"Do you sometimes use the phrase "to be honest, I . . . . . . "?
by Gerald_D Aug 5, 2011 at 7:33 AM
...... does that imply that you are mostly dishonest? While this phrase is meant to give the listener a feeling that they are dealing with someone they can tust, it has quite the opposite effect on me. What goes through your mind when this phrase is said to you?"


2) "Overall strategy"
What is the overall strategy you speak?
Be specific
 
Definition of PRAGMATISM


1
: a practical approach to problems and affairs <tried to strike a balance between principles and pragmatism>


Not a popular approach in our red/blue country.
As has keeping one's word, honoring one's contractual obligations and understanding the range of potential legal and enforceable outcomes of binding arbitration.
 
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