- Dec 21, 2002
- 5,998
- 347
No Mediation For Pilots
- Thread starter Hopeful
- Start date
So the practical effect will be to delay mediation and thus, to delay a release from mediation that could set in motion any self-help, right?
Looks like another victory for management.
So what would cause fed mediators to refuse to help referree the negotiations?
Looks like another victory for management.
So what would cause fed mediators to refuse to help referree the negotiations?
The same things that motivates any organization, individual, or entity associated with the Bush administration - political favors and money.
They were probably bought off or ever-so-gently "nudged" into their decision.
MCI transplant
Veteran
- Jun 4, 2003
- 5,311
- 587
<_< ------- American Airlines legal Dept. will not hesitate to use any, or all, political influence at their disposal! Or do whatever it takes to advance their agenda! A prime example of that was how the Michigan TWA seniority lawsuit was handled! When it looked like they might loose, they brought in another judge. One that was only seated for six months. One that was more sympathetic to management's way of thinking! The case was slated to go to a jury. The presiding Judge said the case had merit! Turned down AA's, and the TWU's request to dismiss the case! Adjured the case to give the AA lawyers time to come up with curtain documentation. When the case convened, in walked the new judge, who immediately through the case out!!!! Sure!------I know! This is the "American" way!!!! :angry:
It couldn't possible be these two points:
"The agency told the union that mediation works best after labor and management have narrowed the issues in negotiations."
"The union has proposed raises of about 50 percent..."
Narrow the issues...maybe to something realistic???
"The agency told the union that mediation works best after labor and management have narrowed the issues in negotiations."
"The union has proposed raises of about 50 percent..."
Narrow the issues...maybe to something realistic???
So a lawsuit was dismissed and that means the judge was bought and paid for? Or was it because he had only six months on the bench and made an inexperienced mistake?
Given such a serious miscarriage of justice, I assume the losing side successfully appealed?
Actually, the judge saw things exactly as they were. TWA, on the brink of belly up, was "absorbed" by AMR. The TWA employees that came along for the ride, demanded the right to displace AA employees of many years and experience, and to take over their years-earned places in the seniority lists. In other words, TWA employees demanded that it look like their 20 years at TWA was actually 20 years at AA, thereby kicking down an employee of say, 19 years at AA.
TWA employee demands weren't fair, nor were they realistic. That's why the judge dismissed and no other reason. You can't payola a judge these days like you used to ;-)
Things worked out the way they were supposed to. Had AA not absorbed TWA, I'm afraid TWA would never have survived 9-11 due to the precarious-at-best financial situation they were in. At least AMR gave them all a big fat raise and perserved their jobs and benefits (all much better than what they had, but it wasn't enough for the greedy) as long as they could.
TWA employee demands weren't fair, nor were they realistic. That's why the judge dismissed and no other reason. You can't payola a judge these days like you used to ;-)
Things worked out the way they were supposed to. Had AA not absorbed TWA, I'm afraid TWA would never have survived 9-11 due to the precarious-at-best financial situation they were in. At least AMR gave them all a big fat raise and perserved their jobs and benefits (all much better than what they had, but it wasn't enough for the greedy) as long as they could.
MCI transplant
Veteran
- Jun 4, 2003
- 5,311
- 587
<_< ------What would you think, if a new Judge was brought in in the middle of a case? Especially if AA, and the TWU were having problems with the original Judge! The last thing AA wanted was for this case to go before a "Jury!" And that's where this Judge was going to send it! I really don't know if an appeal was made or not! One thing I do know is AA and the TWU have a lot deeper pocket's than private individuals fighting for their rights, and AA uses this to their advantage every chance they get! I believe you know this as well as I do!
I have no idea why the new judge took over the case. Was the prior judge sick? Dead? Not reappointed to the bench? Imprisoned? Did he have a conflict of interest?
Generally, parties to a lawsuit don't have any power to "bring in a new (replacement) judge." I've been on the winning side and I've been on the losing side and when on the losing end, I've never thought it was because the other side bought off the legal system. I've never heard any of my colleagues allege anything like that. If you don't have the facts and the law in your favor, you're unlikely to prevail. I know, I know, unless you're AA. Then you can ignore the bad facts and the lack of law on your side and you'll still win every time. Did I get that right?
Whenever I've been screwed by a judge, I've found a way to fix it. Appeal and point out to the appellate judges how the trial judge didn't follow the law. I've got a couple of reversals to my credit. So do many of my peers. In fact, the federal reports are full of cases where judges are reversed by the appellate courts.
Tell you what: Take the details to any first year law student who wants to make a name for themselves. Point out how big bad AA and the worthless union tilted the scales of justice in this case. I guarantee you that if things are the way you say - they'll write the law review article of the decade in exposing this gross miscarriage of justice.
TWAnr
Veteran
Nonsense.
The court never ruled on the merits of the case. The case was dismissed based on technicalities. Most of the counts were dismissed because the statute of limitations was blown by Sherry Cooper and the IAM. The rest of the complaint failed because the court ruled that it had no jurisdiction over the matter.
Why don't you read the actual court opinion instead of writing fiction based upon figments of your fertile imagination.
Dismissal of Amended Complaint
Nor'Easta
Veteran
Its amazing how everytime a topic is posted on the BB, it spins into the AA/TWA crap again. Gee, what a shock as to who continues the spin... L101RET and TWAnr, hmmmm.
Thank you for posting facts, instead of MCI transplant's fabrications.
Judge Gershon was appointed as a federal judge in 1996 after serving as a federal magistrate judge for 20 years. Rather than serving for only 6 months, as MCI alleged, she had served on the bench for 28 years when she dismissed this case.
Edit: I realize now what MCI was saying: That she had been seated on this case for only 6 months, not that she had been a judge for only 6 months. On this one, I apologize. On everything else, MCI's summary of the case is a complete fabrication.
Sounds like Sherry Cooper and the IAM might have had a claim for malpractice against their counsel if they blew a statute of limitations.
By the way - any insight on why the case was reassigned to Judge Gershon about 6 months before the decision was handed down?
MCI transplant's characterizations of this case's posture in his posts to this thread are, to put it charitably, completely false.
[quote name='Nor'Easta' post='568144' date='Jan 31 2008, 11:04 PM']Its amazing how everytime a topic is posted on the BB, it spins into the AA/TWA crap again. Gee, what a shock as to who continues the spin... L101RET and TWAnr, hmmmm.[/quote]
And its amazing how you cannot tolerate the facts. kinda sad actually.
And its amazing how you cannot tolerate the facts. kinda sad actually.
Nor'Easta
Veteran
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