OCT/NOV 2012 US Pilots Labor Discussion

[cleardirect]

Very well, what did the NY judge AND the 9th say about the probability of a Nic contract.

Trouble keeping 2 separate thoughts in your head?

The topic of discussion was that the east was going to sue the company had if they did not negotiate. I pointed out that usapa already tried that and failed hard.

The NY judge did not address the Nicolau.

The ninth said maybe there is something that usapa can come up with that will not harm the west. So far usapa has not changed their psotion by even a comma. So the harm is still there.

Judge Silver said usapa can try and negotiate something but they have to have a damn good reason for changing a fair arbitration. You know the phrase by now, LUP.

So usapa can want to negotiate seniority but if the company refuses usapa is out of luck. They can take a hard line position and what did the NY judge say?

Plaintiff’s other allegations—including that defendants have not significantly altered their
proposals from the Kirby proposal—similarly fall short of stating a claim for bad faith
bargaining. Plaintiff misconceives the scope of the duty “to exert every reasonable effort” to
reach an agreement, which does not require one side to accede to the other’s proposals:

[M]ovement toward the position of the other side is not a requirement of good
faith bargaining. . . . Mere insistence on demands that seem extremely harsh to the
other side and that a neutral party may consider “hard” is not a violation of
bargaining duties. An employer may insist on positions consistent with . . . its
asserted needs, even if the union may consider the proposals greedy.
Case 1:11-cv-02579-ARR-SMG Document 51 Filed 03/16/12 Page 22 of 36 PageID #: 1726

Trans World Airlines, Inc., 682 F. Supp. at 1026 (internal citations omitted). “Courts must resist
finding violations of the RLA based solely on evidence of hard bargaining, inability to reach
agreement, or intransigent positions.” Horizon, 976 F.2d at 545. Here, plaintiff essentially asks
the court to find bad faith predicated on US Airways’ lack of flexibility and its unwillingness to
become more generous as the bargaining process progresses. But a company’s bargaining
positions do not violate the statutory standards merely because they are “obstinate and
unyielding,” Trans Int’l Airlines, Inc. v. Int’l Bhd. of Teamsters, 650 F.2d 949, 958 (9th Cir.
1980) (internal quotation marks omitted), and the distance between the parties after a long period
of negotiations does not amount to a lack of reasonable effort to reach an agreement, Spirit, 2009
U.S. Dist. LEXIS 52326, at *30

In case you missed it the plaintiff is usapa.

A NY judge (unless you now want to include NY federal judges as being biased towards the west too) said the company does not have to agree to usapa seniority proposal. Where does the leave usapa if the company refuses to accept a DOH list?

 

[Boeing Driver]

6000!!!!!!!

To my fans, both east and west, I thank you for the validation you've shown me through the up votes. I've endeavored to give you the most honest and righteous thoughts regarding our east-induced stalemate and look forward to continuing this battle with the less informed easties on this board.

On to 7000!

What a pathetic moron....

Boeing Driver

 

[EastUS1]

What slow down?

Here"s proof that east(hole)us is absolutely clueleess. "What slow down?" YGTBSM!

This is public internet chat Ames. Move wouldn't match "wits" well against so much as a sea sponge, but you dissappoint me here.

 

[luvn737s]

Very well, what did the NY judge AND the 9th say about the probability of a Nic contract.

Are both courts stocked with Powerball Lottery winners too? Their predictions carry no weight, their judgements do.

 

[luvn737s]

Delete - Double Post

 

[EastUS1]

Phoenix, on 01 November 2012 - 01:20 PM, said:
Very well, what did the NY judge AND the 9th say about the probability of a Nic contract.

Are both courts stocked with Powerball Lottery winners too? Their predictions carry no weight, their judgements do.

Hmmm.....".... the probability of a Nic contract." immediately responded to with notions of "Powerball Lottery winners.." Thanks for the chuckles.

Folks....you just can't make this type of stuff up! 🙂

PS: West folks....Is luvn any part of your "leadership" or "brain-trust" out there?

 

[EastUS1]

I guess that you're just gonna have to live with what you have.

Works for me...as well as does seeing lots of coworkers, long-ago displaced, finally regaining their left seats. How are things going out there in PHX? "I guess that you're just gonna have to live with what you have."....?

 

[Move2CLT]

What a pathetic moron....

Boeing Driver

Said the moron on LOA93.

GFY.

 

[EastUS1]

Question to my east colleague: How can Hummel and you guys call for negotiations to reach a "compromise" when the east refuses to come off date of hire?

That's not negotiating (in the real world that is- to you guys living in an alter- universe you probably think it is "negotiating"- kind of like saying the Jews voluntarily marched into the shower room at their own will).

1) Best guess here = I don't honestly see how they can come off DOH, at least not without a substantial change in the C&By Laws beforehand...which seems very unlikely to happen imo. I've been wrong many times before in life though. 😉

2) Puhleeeaze. That sort of absurdly melodramatic comparison does no one's thoughts any justice...nor does it show respect to those who suffered death or tragic losses during the holocaust. We're just talking about a labor group squabble here, after all.

 

[EastUS1]

Said the moron on LOA93.

GFY.

So...how much do you draw while furloughed?

 

[Move2CLT]

What slow down?



This is public internet chat Ames. Move wouldn't match "wits" well against so much as a sea sponge, but you dissappoint me here.

What a pathetic moron.

I guess your next question is "what injunction"?

And speaking of sea sponges, even they'd commit suicide listening to the perpetual hot air coming out of you.

 

[EastUS1]

Living content with what we have? Never a wiser man spoke! The next beer is on me. 🙂

I'm good with that philosophy sir!....although I do realize I'll have to pick up the second round. 😉

 

[Move2CLT]

Very well, what did the NY judge AND the 9th say about the probability of a Nic contract.

Moron.

 

[EastUS1]

I guess your next question is "what injunction"?

No. My next question to AWA hiring and "the entire world" would have to be: How could anyone as impossibly dense as yourself have ever been trusted to fly aircraft with passengers aboard? 😉

"And speaking of sea sponges, even they'd commit suicide listening to the perpetual hot air coming out of you." I must assume that conclusion results from your frequent communion with them.....? 🙂

 

[Metroyet]

Very well, what did the NY judge AND the 9th say about the probability of a Nic contract.

So in your mind the law places your desire for a new contract at a greater priority than the entire West groups rights to DFR and all contract law regarding the TA?

Here's a bit of reality for you... Nobody cares about you, your working conditions, or your pay rate. You have no automatic right to ever see another contract for as long as you live. I'm pretty sure no Judge is crazy enough to claim they know exactly how each of 5100 pilots would vote on a future contract with unknown contents.