Nov/Dec 2013 Pilot Discussion

[snapthis]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
US Airways, Inc.,
Plaintiff,
vs.
Don Addington, et al.,
Defendants.
))))))))))
No. CV-10-01570-PHX-ROS
AMENDED JUDGMENT
(to add description of class)
Pursuant to the Courts resolution of the motions for summary judgment,
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Associations seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.
DATED this 4th day of December, 2012.
 
Judge Silver

"provided it is supported by a legitimate union purpose"

Would a legitimate union purpose be.....

1) RICO lawsuits against the pilots it claims to represent?

2) False ID theft charges?

3) To evade binding arbitration?

4) To rerun elections after West pilots won positions?

5) To cheat West pilots out of their share of the bonus only to include them after threatened with another DFR lawsuit?

No unity, no contract.

Not a union.

 

[Pi brat]

"provided it is supported by a legitimate union purpose"

"THE COURT: Okay. Okay. I agree with you. But the
legitimated union purpose can be in representing everyone which
would also be the East Pilots and coming up with a combination;
right?"
 
Does that bother you at all?

 

[snapthis]

"THE COURT: Okay. Okay. I agree with you. But the
legitimated union purpose can be in representing everyone which
would also be the East Pilots and coming up with a combination;
right?"
 
Does that bother you at all?

What is the LUP?

Please refer to post 2626.

 

[86USAPA]

"THE COURT: Okay. Okay. I agree with you. But the
legitimated union purpose can be in representing everyone which
would also be the East Pilots and coming up with a combination;
right?"
 
Does that bother you at all?

PI,
 
Nope, for the following reasons:  If USAPA had provided a LUP this might be a moot point.  The point is that USAPA didn't because it would necessarily abandon DOH, the proposed C&R's probably didn't pass muster.  My guess is that if Judge Silver rules that the nic stands, it's because the MOU is all that was needed to trigger the TA.  If that is the outcome, the 9th probably won't take the case either.
 
86

 

[Claxon]

PI,
 
Nope, for the following reasons:  If USAPA had provided a LUP this might be a moot point.  The point is that USAPA didn't because it would necessarily abandon DOH, the proposed C&R's probably didn't pass muster.  My guess is that if Judge Silver rules that the nic stands, it's because the MOU is all that was needed to trigger the TA.  If that is the outcome, the 9th probably won't take the case either.
 
86

Who says USAPA did not provide a LUP?  That will be decided in a DFR3 if you wish.  The outcome will only be decided a few years after the final seniority list is out, not ripe yet.
 
If the judge rules the nic, it will go to the 9th and be decided in a year or more, then two more additional years for APA and USAPA to work it.

 

[Pi brat]

PI,
 
Nope, for the following reasons:  If USAPA had provided a LUP this might be a moot point.  The point is that USAPA didn't because it would necessarily abandon DOH, the proposed C&R's probably didn't pass muster.  My guess is that if Judge Silver rules that the nic stands, it's because the MOU is all that was needed to trigger the TA.  If that is the outcome, the 9th probably won't take the case either.
 
86

Boy, this all sounds so familiar. Addington I?
 
86cactus

 

[86USAPA]

Who says USAPA did not provide a LUP?  That will be decided in a DFR3 if you wish.  The outcome will only be decided a few years after the final seniority list is out, not ripe yet.
 
If the judge rules the nic, it will go to the 9th and be decided in a year or more, then two more additional years for APA and USAPA to work it.

Clax,
 
What is the LUP?  All I heard from your lawyer was the nic isn't fair.
 
As for the 9th & USAPA being around...time will tell, no?  
 
86

 

[Pi brat]

What is the LUP?

Please refer to post 2626.

Refer to Judge Silver's words. Have you googled LUP? It's very nebulous.
 
She may rule exactly as you think, I just don't get when people talk about it as if it's done before the ruling comes out.

 

[86USAPA]

Same circular arguments...nothing of substance.  We will have to wait & see.
 
86

 

[Beancounter]

"THE COURT: Okay. Okay. I agree with you. But the
legitimated union purpose can be in representing everyone which
would also be the East Pilots and coming up with a combination;
right?"
 
Does that bother you at all?

"Representing everyone," is DOH and then fencing the west into PHX to protect us??? LOL. It's not that i think USAPA can't have a LUP, i question whether they are capable. Especially seeing as to all the recent union infighting.

Bean

 

[Pi brat]

"Representing everyone," is DOH and then fencing the west into PHX to protect us??? LOL. It's not that i think USAPA can't have a LUP, i question whether they are capable. Especially seeing as to all the recent union infighting.

Bean

That's not what the MOU says will happen, and it's USAPA's actions in the MOU that are on trial.
 
You guys seem to think of Addington II as just Addington I. It's a whole different ball game as rephrased by Judge Silver.

 

[Phoenix]

Clax,
 
What is the LUP?  All I heard from your lawyer was the nic isn't fair.
 
As for the 9th & USAPA being around...time will tell, no?  
 
86

The plaintiff had the burden to prove a DFR occurred. The 9th will never support the premise of implicitly assuming guilt until the defendant proves their innocence.

"We note, as the district court recognized, that USAPA is at least as free to abandon the Nicolau Award as was its predecessor, ALPA. The dissent appears implicitly to assume that the Nicolau Award, the product of the internal rules and processes of ALPA, is binding on USAPA."

 

[Phoenix]

What is the LUP?
Please refer to post 2626.

Is The West class the plaintiff or is USAPA? Refer to 9th, Addington 1. No please about it.

 

[Beancounter]

That's not what the MOU says will happen, and it's USAPA's actions in the MOU that are on trial.
 
You guys seem to think of Addington II as just Addington I. It's a whole different ball game as rephrased by Judge Silver.

Pi....... what are you talking about? Are you trying to say the MOU relieves USAPA of it's responsibility to represent the west pilots or are you saying USAPA is no longer pursuing DOH with cram downs and restrictions?

Bean

 

[Pi brat]

Pi....... what are you talking about? Are you trying to say the MOU relieves USAPA of it's responsibility to represent the west pilots or are you saying USAPA is no longer pursuing DOH with cram downs and restrictions?

Bean

USAPA testified that it won't merge east and west lists as it had proposed prior to the merger with AA. It's in the MOU.
 
The BPR recently passed a resolution giving the merger committee free rein on negotiations with the APA. DOH is not strictly mandated in the C&BLS anyway.
 
USAPA still has the burden of representing the whole pilot group fairly.
 
You do know the question being asked in THIS DFR, right?