What happened as I understand it is the case was moved from superior court to fed district court. Same thing happened when east mec sued west mec in washington dc. west asked for it to be moved to fed court. fed judge reviewed and said no the superior court in dc can hear this case and sent it back.
nic4, just four days ago, one in your gang questioned my source when I said the state court case was bounced. Turns out I was right, but I dont really need you to walk me thru it. Now I hear your AOL wont appeal. The stupid DC lawsuit was filed by East ALPA, not USAPA. ALPA national could have, should have blocked it, they had the authority to do that, they were the CBA back then, not the East MEC, but they didnt. ALPA was always trying to save the property even though they screwed with you on that, made you pay for your own defense against your own union at the time. according to your Freund, ALPA was supposed to use all methods available to implemement the NIC, but they didnt. Presenting a list to parker isnt implementing it. They screwed you. So why arent you DFRing them? Answer, ALPA would drag it out for 10 years, long past your attention span. Thats about how long past DFRs where ALPA would eventually lose have lasted. On an easy win, like AirWisc, ALPA had that one wrapped up in 3 years. Ford won (kind of) and ALPA dragged that one out for 8 years. Duke won though ALPA dragged that out 8 years also.
The fed judge in this case may do the same thing and send it back to maricopa county or the judge may decide to hear the case. Either way the injunction is not dead, nor is the case, and there is yet another suit already filed in the fed district court for Arizona.
your parsing words, nic4. the injunction isnt alive or dead. it doesnt exist except in your minds. your rquest for an injunction may be alive, but it wont be ordered by a state court. NO JURISTICTION. Itll never happen in a Fed court either. With a union process available through the NMB/RLA, my guess is the Fed court will let the adminstrative process go ahead.
I wont paste your 0-3 comments, but just goes to show, when administrative processes are available, courts tend to let them play out in that venue. After you exhaust your admin process, then you might get the courts attention. I thought the U-MEC DC lawsuit was stupid. The USAPA lawsuit may not go anywhere, but it did stop the harrassment, so maybe served a purpose.
Also, there has been some speculation that the west shopped for a lawyer that would tell them what they wanted to hear. It was more like every lawyer told us what we wanted to hear( i.e. you have a great case) we simply shopped for the firm who we felt would proceed in the most favorable manner.
Truth is your original AOL St. Louis lawyer told you you had no case, maybe conflict of interest in him representing the TWA guys DFRing ALPA. every lawyer will tell you you got a great case as long as they get the money up front. But like Freund, you cant argue one way in one suite and then come back and argue the opposite way. Good move giving Freund the boot.
As far as this not being over until O'dell retires, you are probably correct. Biggest problem is O'dell and some other 130 west pilots are now furloughed out of seniority, beginning in 5 days.
If youd taken ALPAs Wye River offer, Dave Odell might not be furloed at all, 400 below him on that offer. As far as out of seniority furloes, until theres one CBA, looks like the company did it by the book.
aside, even though you guys refusd to cooperate, our union got the data to nail the company on violating the separate ops flight hour reductions. I heard rumors about where the data came from. it caught the company by surprise we had data. Going 17 over the max large RJs dispute is worth over 200 furloes alone. LCC is right at the max reduction on east flying and >10% under max reduction for west. Our union will try to get those jobs back even if you dont help. your so hung up with saving the nic, you dont care enough to save dave. Youd rather see dave on the streets, thinking youll get him back with a lawsuit. Your poster child, now complete with threats of an illegal job action by pilots who dont want to join the cba. Dream on.
One other thing, with a win on the flight hour reductions, no west pilot gets furloughed. With a win on the 17 RJs, no more east pilots get furloed, all west pilots get recalled. this wont be resolved until Bloch hears it in arbitration in December, but wins will get back pay for all furloed. Winning the grievances is a better and quicker shot at getting pilots back, but when all you care about is a pie-in-the-sky DFR, I guess you get what you pay for. Deep breath, EOR. snooper