Nov/Dec 2013 Pilot Discussion

[snapthis]

Also filed: Case 2:13-cv-00471-ROS Document 267 Filed 11/13/13
Excerpts:

. Remedy
The appropriate remedy for a breach of a unions duty of fair representation must vary with the circumstances of the particular breach. Vaca, 386 U.S. at 195. Because the duty of fair representation is judicially created, remedies of its breach are necessarily left to judicial determination. Intl Bhd. of Elec. Workers v. Foust, 442 U.S. 42, 53 (1979). Depending on the circumstances of the particular breach, the RLA contemplates resort to the usual judicial remedies of injunction and award of damages. Id. A court, seeking a remedy to match the unions wrong, has at its disposal the full panoply of tools traditionally used by courts to do justice between parties. Id.

In Bernard, the Ninth Circuit affirmed a preliminary injunction that: (1) set aside a seniority integration agreement between the union and the carrier; (2) specified how pilot seniority would be ordered on an interim basis; and (3) directed ALPA to apply its current merger policy with the affected pilots having separate representation. 873 F.2d at 215, 217-218. Here, Plaintiffs seek relief comparable to that provided in Bernard. They ask for an order requiring USAPA to use the Nicolau Award to order East/West pilot seniority when US Airways pilots are integrated with those of American. And, to ensure that USAPA does not evade good faith compliance with that order, they ask for a declaration that the West Pilots have full party status and representation of their own choosing in process of integrating seniority with the American pilots. That will compel USAPA to do nothing more than what was agreed to in the TA. Given the history of this dispute, USAPAs lack of credibility, and its history of doing whatever it can to evade using the Nicolau Award, no other remedy will suffice.
III. CONCLUSION
Plaintiffs respectfully ask the Court to deny USAPAs motion for summary judgment.
Dated this 13th day of November, 2013.

 

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Case 2:13-cv-00471-ROS Document 268 Filed 11/13/13
Excerpts:

Unprecedented Benefits
99. Most of the benefits of the MOU were actually provided by the 2012 CBA that APA had already negotiated with American Airlines. [DeVicq at 203:3 to 203:23.]
100. The incremental value of ratifying the MOU was more in the order of $300 million because $1.3 billion of the benefits would have flowed to the US Airways pilots by operation of the 2012 APA contract, even if the ratification failed. [Id.]
101. Since 2007, US Airways has had the “Kirby” proposal on the table. [SF at ¶ 63; Diorio at 7:19-8:3; 9:4-9].
102. Moreover, the 2007 Kirby proposal would have paid increased wages from 2007 to 2013 and, in 2014, would have paid about the same wages as under MOU #2. [Bradford (depo.) at 158:4 to 159:10 (conceding that “USAPA didn’t gain at the end much over the Kirby” and the pay rates of the Kirby and MOU #2 are “probably close”).]
103. By turning down a comparable contract offer made back in 2007 because it would have led to implementation of the Nicolau Award, USAPA caused its members to lose many hundreds of millions of dollars in income. [Id.]
104. The properly discounted value of the change-of-control provision was only $120 million. [Devicq at 201:22 to 202:15.]
VI. Union Funding
105. USAPA presently assesses an additional 0.5% of pilots income for merger- related expenses and keeps separate accounting of those funds to ensure that they are expended only on such matters. [Streble (Depo.) at 11:13 to 11:20 (USAPA Secretary- Treasurer).]
106. USAPA presently has approximately $7 million in its bank accounts. [Id. at 8:10 to 8:12.]
Dated this 13th day of November, 2013.

 

[767one]

Emotion tells me to react, stop paying dues to USAPA. 
 
Wisdom tells me, think logically, remain a MIGS.
 
Buddha,what do you think? Oops he's dead.
 
Bob? You still here?

I'm back. I got an emergency action message from the supreme commander of the homefront.
I'm sure you know that my post about not paying dues was just a "poke " at res. I paid dues with alpa right up to the bitter end for more that one reason. No matter which side (east or west) you are on I think it behooves all to pay up until the deal is totally consummated.

Cheers,

Bob

 

[Phoenix]

Just filed....

Yawn.

More implicit assumptions and new attempts to amend the complaint after the trial is already over.

The diminished legal capabilities without PositiveNellie are coming through loud and Cleardirect.

 

[Phoenix]

Case 2:13-cv-00471-ROS Document 268 Filed 11/13/13
Excerpts:
Unprecedented Benefits
99. Most of the benefits of the MOU were actually....

So you guys are saying Calveri and Holmes knew the "unprecedented benefits" were really pretty paltry AND they knew the MOU failed to include the Nic... But still THEY advised the West pilots to vote for it.

Are you now attempting to prove that Calveri and Holmes are idiots, or are you trying to prove the West pilots are idiots for taking their advice?

P.S. No need to pick. Resounding success on both accounts.

 

[Claxon]

I hear you.
I'm a bit confused about Mike's pent up anger towards Steve Gay.

Looks at Gays twitter as he travels west scab style to CLT to report back to his fellow pilots on LCC management attacks on east pilots. The American pilots have seen these, as well as the Auxier videos. You know, the recent ones Traitorjake claims are 15 yrs. old. Funny how Auxier was peering 15 yrs into the future in those vids. So claims Traitorjake.
The American pilots are well aware of the disgusting Leonidas mailers, west pilots turning in east pilots and the like.

 

[Claxon]

So you guys are saying Calveri and Holmes knew the "unprecedented benefits" were really pretty paltry AND they knew the MOU failed to include the Nic... But still THEY advised the West pilots to vote for it.
Are you now attempting to prove that Calveri and Holmes are idiots, or are you trying to prove the West pilots are idiots for taking their advice?
P.S. No need to pick. Resounding success on both accounts.

Time will tell the story of how Holmes miscalculated and gave away the Nic.
Callaway knows. So does Cactusboy and NoNic4us.
The west pilots mock east pilots age and less proficiency with media,videos and e mails.
Perhaps they should read the story of Richard Nixon.
American pilots have seen the new age Cat3 Productions. They are well aware the west pilots are not to be trusted and will side with management.

 

[snapthis]

I'm back. I got an emergency action message from the supreme commander of the homefront.I'm sure you know that my post about not paying dues was just a "poke " at res. I paid dues with alpa right up to the bitter end for more that one reason. No matter which side (east or west) you are on I think it behooves all to pay up until the deal is totally consummated.Cheers,Bob

I certainly hope you're not "I'm Back!!!!" That's a scary thought.

In regards to paying dues, good advice, Bob. We would not want people making emotional decisions which equates to a shot in the foot.

When have we seen that before?
April 18, 2008

Cheers

 

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Looks at Gays twitter as he travels west scab style to CLT to report back to his fellow pilots on LCC management attacks on east pilots. The American pilots have seen these, as well as the Auxier videos. You know, the recent ones Traitorjake claims are 15 yrs. old. Funny how Auxier was peering 15 yrs into the future in those vids. So claims Traitorjake.
The American pilots are well aware of the disgusting Leonidas mailers, west pilots turning in east pilots and the like.

I was not aware of Steve's twitter messages and do not have twitter account myself.

I can see what you are doing with Eric's videos. Wouldn't you think they might have the opposite effect than your desired one? I realize you did not care about the brochures, but how would you consider the mailings ID theft? Was anybody's bank accounts cleared out as a result?

To each his own I guess.

 

[Pi brat]

"the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law."
 
Says it all. Thanks for the laugh Snappy.

 

[snapthis]

"the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law."
 
Says it all. Thanks for the laugh Snappy.

This says it all:

" That said, now that the Court has heard the evidence and had the opportunity to weigh credibility of witnesses, the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law. "

And this:

"History (most recently USAPAs attempt to introduce the untimely Hummel declaration into evidence) shows that the Court cannot rely on USAPA to abide by any order from this Court in good faith. [See Doc. 256, 257.] USAPA will look for ways to circumvent the remedy that the Court provides on Claim One to the detriment of the West Pilots. Separate and apart from such remedy, therefore, the West Pilots must be afforded a full opportunity to participate in the process of integrating with the American pilots."

Document 266 Filed 11/13/13

 

[luvthe9]

This says it all:
" That said, now that the Court has heard the evidence and had the opportunity to weigh credibility of witnesses, the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law. "
And this:
"History (most recently USAPAs attempt to introduce the untimely Hummel declaration into evidence) shows that the Court cannot rely on USAPA to abide by any order from this Court in good faith. [See Doc. 256, 257.] USAPA will look for ways to circumvent the remedy that the Court provides on Claim One to the detriment of the West Pilots. Separate and apart from such remedy, therefore, the West Pilots must be afforded a full opportunity to participate in the process of integrating with the American pilots."
Document 266 Filed 11/13/13

Oh stop. Then so do the former Empire, PSA and Piedmont pilots. You guys are dues paying USAPA members. You chose to delay integration by helping the company keep the East group split on pay. Real funny until a 18 wheeler aka a merger T Boned you. You hung it out way to long, and now you lost it all.

 

[traderjake]

USAPA is going to get b*tch slapped by APA.

 

[Phoenix]

"the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law."
 
Says it all. Thanks for the laugh Snappy.

Only an idiot lawyer would write such tripe. it's no wonder the PositiveNellie law firm booted Marty. He is lucky they let him "retire".

 

[crazystnic]

Us Airways is withdrawing it's appeal in the declatory judgement case.  USAPA is free to use any senority list per judge silvers original ruling in DEC 12.
 
The NIC is dead and gone....  It will never be part of this property.
 
Thank goodness, it was such an abomination.