What's new

OCT/NOV 2012 US Pilots Labor Discussion

Status
Not open for further replies.
Oh look! An update that actually gives all the facts


Phoenix Domicile Update

October 30, 2012


PHX Domicile Update

The following are ACTUAL QUOTES (some highlighted for emphasis) from the Honorable Judge Silver, and are NOT merely OPINIONS; may we suggest that you read the entire order here.

The Transition Agreement provided “[t]he seniority lists of America West pilots and US Airways pilots will be integrated in accordance with ALPA Merger Policy and submitted to [US Airways] for acceptance.”
“Under ALPA’s policies, the West Pilots and the East Pilots were each represented by a Master Executive Council….If the Merger Committees could not agree, the matter would proceed to arbitration.”
“Because no agreement could be reached, the seniority issue proceeded to arbitration before the Board of Arbitration consisting of neutral arbitrator George Nicolau and pilot neutrals Stephen Gillen and James Brucia. The arbitration decision, referred to as the Nicolau Award, issued on May 1, 2007.” (Please read the Nicolau Opinion and Award here.)
“The Nicolau Award created an integrated seniority list that placed approximately 500 of the most senior East Pilots at the top of the list because they flew wide-body aircraft and no West Pilot flew such aircraft. It placed all East Pilots who were on furlough at the time of the merger at the bottom of the list. It then blended the two pilot lists…The East Pilots disagreed with the arbitration award and took immediate steps to frustrate it.”
“The East MEC appealed to ALPA’s Executive Committee to overturn the Nicolau Award…, but it was determined there was no ground under the ALPA Merger Policy to set the award aside.”
“…December 19, 2007, ALPA presented the Nicolau Award to US Airways for acceptance.”
“…December 20, 2007, US Airways accepted the integrated seniority list as determined in the Nicolau Award.
“The East MEC’s litigation seeking to vacate the Nicolau Award was dismissed.”
“…the West Pilots, as well as US Airways, cite a variety of authority supporting the position that the “decertification of ALPA and the certification of USAPA did not change the binding nature of the Transition Agreement…The West Pilots and US Airways are correct.”
“Thus, just as ALPA would have been bound by the Transition Agreement had it remained the pilots’ representative, USAPA is bound by the Transition Agreement.”
"Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation.”
The last BULLET point seems to put it in perfect perspective.

“An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.”

John Scherff - PHX Chairman

Dave Simmons - PHX Vice Chairman

Roger Velez - PHX Vice Chairman
 
If there were any legitimate court purpose, or legitimate court objective if you will, to actually require USAPA to use the Nicalau award, then the 9th court wold not have spanked Wake.

And if there were any legitimate court purpose, or legitimate court objective, to actually require the company to use the Nicalau award, then Silver would have made it a requirement.

Because it is a legitimate court objective to remain impartial and un-obstructive in internal union activities, and especially with regard to union and company bargaining, for this legitimate court objective the SCOTUS concluded that a union is well within its duty of fair representation so long as it doesn't do something outside a wide range of reasonableness to the point that it is entirely arbitrary.

The courts couldn't find a legitimate court purpose to intervene and have made it clear they won't. Not now and not later.
 
And if there were any legitimate court purpose, or legitimate court objective, to actually require the company to use the Nicalau award, then Silver would have made it a requirement.

The courts couldn't find a legitimate court purpose to intervene and have made it clear they won't. Not now and not later.

Stick to pretending you're Sky King, your Perry Mason stinks.
 
Be there as scheduled. Then I won't have to make the effort to see your mom.

And quit calling me daddy every time you see me!

horsesh*t you have bragged in the past about being here already, you should change your handle to stuckNphx
 
If there were any legitimate court purpose, or legitimate court objective if you will, to actually require USAPA to use the Nicalau award, then the 9th court wold not have spanked Wake.

And if there were any legitimate court purpose, or legitimate court objective, to actually require the company to use the Nicalau award, then Silver would have made it a requirement.

Because it is a legitimate court objective to remain impartial and un-obstructive in internal union activities, and especially with regard to union and company bargaining, for this legitimate court objective the SCOTUS concluded that a union is well within its duty of fair representation so long as it doesn't do something outside a wide range of reasonableness to the point that it is entirely arbitrary.

The courts couldn't find a legitimate court purpose to intervene and have made it clear they won't. Not now and not later.
Seems to me those WEST peoples quote ALPA alot they didn't mention seperate ratification, an ALPA provision but guess what, ALPA is gone, imagine that, no one to "DEFEND" the award as they so proclaimed in the MID ATLANTIC CASE, but hey, donate heavily, MARTY needs a new car!
 
If there were any legitimate court purpose, or legitimate court objective if you will, to actually require USAPA to use the Nicalau award, then the 9th court wold not have spanked Wake.

And if there were any legitimate court purpose, or legitimate court objective, to actually require the company to use the Nicalau award, then Silver would have made it a requirement.

Because it is a legitimate court objective to remain impartial and un-obstructive in internal union activities, and especially with regard to union and company bargaining, for this legitimate court objective the SCOTUS concluded that a union is well within its duty of fair representation so long as it doesn't do something outside a wide range of reasonableness to the point that it is entirely arbitrary.

The courts couldn't find a legitimate court purpose to intervene and have made it clear they won't. Not now and not later.
Is that your long winded way of saying usapa has no excuse for not passing a list and no excuse why we don't have a contract yet?
 
Seems to me those WEST peoples quote ALPA alot they didn't mention seperate ratification, an ALPA provision but guess what, ALPA is gone, imagine that, no one to "DEFEND" the award as they so proclaimed in the MID ATLANTIC CASE, but hey, donate heavily, MARTY needs a new car!

Hmmmmm, I wonder why USAPA is so anxious to discuss the matter with the west class?

You have an answer mutation?
 
The courts couldn't find a legitimate court purpose to intervene and have made it clear they won't. Not now and not later.
Ripeness. Fix that and the courts have made it ABUNDANTLY CLEAR that they WILL intervene. Go Ahead. Get your super union to make a move.
 
Status
Not open for further replies.
Back
Top