Us Airways To File Appeal With Court Today

USA320Pilot

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May 18, 2003
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Today the Pittsburgh Tribune-Review reported US Airways plans to appeal the order today to the 3rd U.S. Circuit Court of Appeals.

In addition, the appeal will be heard by the Philadelphia-based federal appeals court that includes Judge Midge Rendell, wife of Gov. Ed Rendell. The governor is leading Pennsylvania's negotiations with US Airways to lower the airline's roughly $62 million in annual costs at Pittsburgh International Airport and to upgrade maintenance facilities.

Bob Mann, an airline consultant and president of R.W. Mann & Co., Inc., told the newspaper, "They will probably look for waivers from the FAA to delay the onset of the work." The agency routinely lengthens the time between overhaul checks, he said, if that is requested and the aircraft's safety record justifies the delay.

US Airways immediately halted the overhauls of two Airbus A319 jets that were flown last month to Alabama. "What we do with those aircraft will be pending the outcome of the appeal," said airline spokesman Dave Castelveter.

Separately, US Airways' Resource Planning Department told ALPA the day before the courts that the company is returning two A319 aircraft removed from service back into operation in January and the flying could be bid as early as Friday, October 24.

Chip asks rhetorical questions: Is the news the company is returning two A319s to flying, which were previously removed from service, and that two A319s had heavy maintenance overhaul halted -- coincidental announcements? Moreover, what effect will the Rendell's have on US Airways' decision to keep the Piitsburgh hub and over rule the lower court's decision?

Regards,

Chip

:unsure:
 
Chip,
Judge Rendell has to abide by law, not whim. There is a narow window that can be appealed ( limited to the previous rejection ). The case The Honorable Judge Cindrich made is sound and incontravertable.

Dave C is dead wrong. The FAA has already granted two postponements of maint on these aircraft and formally stated they will grant no more. It's word deleted by moderator &or get off the pot time, either us has to be responsable for it's actions or we will burn.___I hope Hawk gets his tail feathers singed!

Maybe it's time dave siege
dave bronner and
dave casteliver get tossed out!!!! :angry: :angry: :angry:
 
Chip Munn said:
Today the Pittsburgh Tribune-Review reported US Airways plans to appeal the order today to the 3rd U.S. Circuit Court of Appeals.
do you actually think they would get a hearing before ed's old lady??
as to the waiver issue,be advised...these aircraft are drop dead...you understand this,chip??the waivers have been issued and have run the distance....
 
Chip, just so you know this is no circl jerk. These aircraft are drop dead. Hopefully along with the managment pr957S who put them there.
 
Chip Munn said:
Moreover, what effect will the Rendell's have on US Airways' decision to keep the Piitsburgh hub and over rule the lower court's decision?

Regards,

Chip <_<
There are 19 judges on the Third Circuit Court of Appeals. The case will be assigned to three of those judges sitting on a panel in Philadelphia or Pittsburgh. Midge Rendell is only one of these judges, and it is likely that if she were on the chosen panel she would either recuse herself first given the ongoing PA negotiations, or US would ask her to recuse herself and the Court would most likely keep her off the panel. Therefore, my prediction is that Midge R endell will have no role in overruling or sustaining the preliminary injunction.

Moreover, it also appears that Cindrich, being aware of the appeal, covered his bases in the opinion. He's a smart judge and if I had to make a prediction as a seasoned lawyer, the Third Circuit will uphold the injunction.
 
Let's assume for a moment US loses its appeal. Does US really have the equipment and trained mechanics to complete this work? If not, how long would it take to ramp up? I'm looking for a serious answer here, not an emotional one. I would like to understand precisely what would need to happen in order for this work to be done in house.
 
USFlyer said:
Let's assume for a moment US loses its appeal. Does US really have the equipment and trained mechanics to complete this work? If not, how long would it take to ramp up? I'm looking for a serious answer here, not an emotional one. I would like to understand precisely what would need to happen in order for this work to be done in house.
usflyer....U had a 's' chk program scheduled to first go to TPA....then they closed that hangar....i am told that some of the written testimonies sent to judge cindrich included a track plan with the airbuse 's' chk's in PIT this month....so don't be mislead here...the plan is on the shelf....if they lose,don't get in the way,you will see planes on jacks in the blink of an eye. and you'll see the "no facilities" argument be put to bed quite quickly.
last night at work they were asking for volunteers to go to airbus maintenance training classes...so it is begining as we confer.
ever hear of the goose that laid a 'golden dave'??
 
burghlaw1 said:
Chip Munn said:
Moreover, what effect will the Rendell's have on US Airways' decision to keep the Piitsburgh hub and over rule the lower court's decision?

Regards,

Chip <_<
There are 19 judges on the Third Circuit Court of Appeals. The case will be assigned to three of those judges sitting on a panel in Philadelphia or Pittsburgh. Midge Rendell is only one of these judges, and it is likely that if she were on the chosen panel she would either recuse herself first given the ongoing PA negotiations, or US would ask her to recuse herself and the Court would most likely keep her off the panel. Therefore, my prediction is that Midge R endell will have no role in overruling or sustaining the preliminary injunction.
Concur.
 
USFlyer...

The C Checks are already being done in house. The tooling is there, and the mechanics have been working these aircraft since they came on board in 1998. Some of the aircraft have already had structural repairs done due to lav spills and shoddy manufacturing techniques not using corrosion preventative in the floor areas under the lavs.

As for getting the work extended by the Feds, they already tried last year and got rejected. Don't see that happening. The company needs to drop this and the legal bills they are running up in a losing battle. The morale boost and equivalent productivity increase by finally sticking to their word and "working together" would go a long way towards getting this ship back on track. If they spent half as much time building business instead of fighting the employees, we may just report a profit.
 
Would the labor action/injunction constitute "force majeure" enabling U to reduce the operating fleet by the 10 planes due for checks this year and 10 more next year?

Even if 20 got parked for maintenance, that would still leave the operating fleet above the previously projected 245 number. It would also provided the excuse to slash PIT flight ops by the rumored 40-50% in January. I have to believe Siegel not only has a Plan B, but also C and D ready.
 
Rob,

A force manure needs to be due to outside circumstances beyond the control of the company. An injunction/labor action due to a company violation of a negotiated CBA is not out of the company's control.
 
My guess is Mrs Rendell will not be picked for the panel or recuse herself but
lets get serious here...there are 13 judges...you don t think they talk with
each other or do each other a favor from time to time.

Tech confirms we have already used our extentions on heavy checks and
no additional extentions will be granted.

Not a mechanic but have witnessed many hurry up aircraft directives issued
by the faa and some very ingenious solutions to the tasks. Make no mistake...
if management listens to the workers it will take no time at all to gear up.

Remember these mechanics have many friends on furlough who are in need
of feeding their families and earning a decent wage.

regards