Zone5
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OCT/NOV 2012 US Pilots Labor Discussion
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Bottom line, yet the company is stalling while the west is spinning.
http://leonidas.cactuspilots.us/Declatory_Relief/Doc194_Order.pdf
http://leonidas.cactuspilots.us/Declatory_Relief/Doc194_Order.pdf
lynyrdskynyrd
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Eric was a mig from day one, and advocated such. It was no secret. Back then, other than a handful, God himself couldn't have gotten any west pilot, furloughed or otherwise, to join. The only intimidation going on at the time was Usapa and it's RICO suit.
"But based on the representation at oral argument that the seniority list is unlike other
matters addressed in collective bargaining, it is unlikely the West Pilots could successfully allege claims against US Airways merely for not insisting that USAPA continue to advocate for the Nicolau Award."
The honorable Roslyn O. Silver, Chief United States District Judge
http://leonidas.cact...oc193_Order.pdf
matters addressed in collective bargaining, it is unlikely the West Pilots could successfully allege claims against US Airways merely for not insisting that USAPA continue to advocate for the Nicolau Award."
The honorable Roslyn O. Silver, Chief United States District Judge
http://leonidas.cact...oc193_Order.pdf
"But being “bound” by the Transition Agreement has very little meaning in the context
of the present case. It is undisputed that the Transition Agreement can be modified at any time “by written agreement of [USAPA] and the [US Airways].” (Doc. 156-3 at 38).
Moreover, USAPA and US Airways are now engaged in negotiations for an entirely new collective bargaining agreement and there is no obvious impediment to USAPA and US Airways negotiating and agreeing upon any seniority regime they wish.
As explained by the Ninth Circuit, “seniority rights are creations of the collective bargaining agreement, and so may be revised or abrogated by later negotiated changes in this agreement.”
The honorable Roslyn O. Silver, Chief United States District Judge
of the present case. It is undisputed that the Transition Agreement can be modified at any time “by written agreement of [USAPA] and the [US Airways].” (Doc. 156-3 at 38).
Moreover, USAPA and US Airways are now engaged in negotiations for an entirely new collective bargaining agreement and there is no obvious impediment to USAPA and US Airways negotiating and agreeing upon any seniority regime they wish.
As explained by the Ninth Circuit, “seniority rights are creations of the collective bargaining agreement, and so may be revised or abrogated by later negotiated changes in this agreement.”
The honorable Roslyn O. Silver, Chief United States District Judge
traderjake
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Of course, in negotiating for a particular seniority regime, USAPA must not breach
its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award
and accept the consequences of this course of action, it is free to do so. By discarding the
result of a valid arbitration and negotiating for a different seniority regime, USAPA is
running the risk that it will be sued by the disadvantaged pilots when the new collective
bargaining agreement is finalized.
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.
You buy a ticket on US Airways, the same fine print is provided.
http://www.usairways.com/pv_obj_cache/pv_obj_id_EC19B8D0266E4F6980F280D7D0C718E95EAC0200/filename/US_contract_of_carriage.pdf
Do I have this right? In other words...you WANT the nic. You would apparently favor it's selection and implementation...and you're a HUGE supporter of the recall attempt in CLT, as are some of the most rabid west-nicsters posting here. Anyone have further questions.....?
traderjake
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Yes.
In real life do you speak in the same flowery verse that you post on this web board?
I am in favor of it's implemention because it's the only way to get a better contract absent a merger and it was the result of a mutually agreed upon arbitration process. An arbitration process that used the same basic methodology as the arbitration that preceded it and the two that followed it.
I believe the majority of the people who support the recall do not share that view. Nice try, but the two are not related.
Even luvthe9 admits that as long as we fight the Nicolau Award we'll be on LOA 93.
Smiley faces are much easier to do in real life. Not even so much as keystroke is needed. 🙂 Now then. True or False?: You WANT the nic. You would apparently favor it's selection and implementation...and you're a HUGE supporter of the recall attempt in CLT, as are some of the most rabid west-nicsters posting here....?
If you're earnest in your desire for the recall, pehaps you would be so kind as to enlighten us all as to the true motivation for that....? If the reason(s) are both good enough and sensible as well...this might well be a place to garner support for your wishes.
For myself....I'm hard-pressed to not smell a taint of nic stench in the air surrounding the recall attempt. Convince me I'm wrong if you've need of an additonal vote......?
PS: Ah! Nevermind then. Your above post wasn't finished at the time I responded. Thanks for the explanation and I respect your honestly stating it.
I've one further question, if you would indulge me here = What does the recall effort, in your estimation, have to do with accepting the nic? How do those two directly connect? Hmm...ok then: Trader: "I believe the majority of the people who support the recall do not share that view. Nice try, but the two are not related." So....If it's fair to further ask: WHY do you want the recall then?
cleardirect
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America west pilots also flew 747's to Japan and the Middle East.
cleardirect
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Same challenge for you.
Provide court documents finding the falsely accused Rico defendants of being guilty.
Provide court document of the guys falsely accused of ID theft of being guilty.
Dismissed complaints don't mean anything.
LUV the disclaimers"assuming no change in staffing levels" ya think , !
Look at it this way, they have something in common with OJ!
nycbusdriver
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I'm assuming that if there were crumbs for you in the new bid, you have foregone them and will not bid anything your Nicolau number would have permitted. After all, you're aligned with the "integrity" westies, right?
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