US Pilots labor Discussion 12/4-

[cleardirect]

You are absolutely right. I agree with you once again. You definitely are "not getting it."

It every attorney's job to pursue every avenue to insure a positive outcome for his/her client. Any stone left unturned is a failure to provide that best possible outcome.

Seham's pursuit of a change of venue has nothing to do with confidence, or lack thereof. He sees it as yet another way to turn the game in USAPA's favor if it is a successful move.

At what cost? Is this an unlimited budget for Seham?

What if turns out to be a waste of time and money, did it serve the client (the US Airways pilots, all of us not just the east) well?

Also how about an answer to my other questions?

Who is in charge of legal strategy and who is authorizing these expenditures?

 

[Metroyet]

They are on the usapa web site. Listed in members section under misc letters and docs. Dated 12/4 and 12/11.

It tried to send them but they are to big.

Very interesting reads. I especially like the part where the Company says that USAPA is openly violating the Injunction and that their C&BL and seniority proposals are "unlawful". As silent as the company has been on this issue, I'm surprised at just how clearly they get what's happened, and what is going on.

The best part is these letters are in our lawyers hands and Judge Wake is being made aware of USAPAs behavior at the negotiating table.

 

[aquagreen73s]

Who is in charge of legal strategy and who is authorizing these expenditures?

Rather than "who," the question is "what" is in charge of the legal strategy! What kind of person/people do this to their own group, East and West?

 

[nycbusdriver]

I'm sure the company will be happy to hear that with the pay arbitration coming in the near future...

Jim

I'm surprised. I thought you knew the difference between the two circumstances.

 

[CallawayGolf]

I'm surprised. I thought you knew the difference between the two circumstances.

The difference is purely interpretation. It's either good or bad to honor your agreements depending on how they benefit the east group. Disagreeing with clear binding arbitration language is okay and reading something into a LOA that clearly isn't in the agreement is okay too - all in the the eyes of USAPA of course.

 

[nic4us]

They are on the usapa web site. Listed in members section under misc letters and docs. Dated 12/4 and 12/11.

It tried to send them but they are to big.

Thanks found them.

Where to start? Well I liked the updated usapa web site, had not been there in a while, saw the cover page and left to find other sources for the letters and read them.

First thing, usapa says they are "abiding by the injunction, pending appeal"? The company says usapa has not pulled their DOH proposal and says usapa has informed them that usapa will "comply with the injunction, pending appeal". So after not being granted a stay by judge Wake, usapa has decided to give themselves one? WOW, cant wait for the damages trial. It will be good for the BPR also, cause they will get time out of their cells to come to court, they may even be allowed to attend without the handcuffs, but they won't be in uniform!

Two, what is meant by the company when they say usapa is trying to negotiate sick policy for east pilots that is completely different than that for West pilots, again violating the injunction. Is usapa out of its mind? Scratch that already know the answere. In the midst of all this, they commit another blatant DFR?

Third, is the company accusing usapa of purposely delaying negotiations in order to illegaly steal something from the West? Sure appears they are.


Man those usapa folks really have some nerve, hope their cell mates find that attractive.

 

[hp_fa]

But my question is, if the 9th upholds Wake, would a filing with the Supremes delay Wakes courtroom. Would we have to wait until usapa was denied the final appeal? From a practical sense, I would think not because usapa will lose alot of support if the 9th rules in favor of the West class, but the promise of delay seems to be a big motivator for the east resolve.

Highly unlikely that SCOTUS will delay the trial court proceedings. First the don't accept Certiorari on many cases at all, perhaps less than 10% of those that are petitioned, and hardly any of them are accepted while the underlying issues are being litigated.

 

[luvn737s]

For those who claim there is a tide of rationality on the east, why hasn't that been demonstrated by a resolution limiting the dollar amount to be spent on further litigation of the Nic dispute? In the US governement, Congress controls the purse strings of any war that the executive branch might choose to pursue. In USAPA, Cleary appears to have dictatorial access to the coffers to fight his personal vendetta against the west.

Who decides enough is enough (without having to wait out the tenure of the tyrant)?

 

[aquagreen73s]

For those who claim there is a tide of rationality on the east, why hasn't that been demonstrated by a resolution limiting the dollar amount to be spent on further litigation of the Nic dispute?

Because enough over there believe everything Seham, Cleary and Mowery tell them regardless of the track record those three have recorded.

 

[CallawayGolf]

Highly unlikely that SCOTUS will delay the trial court proceedings. First the don't accept Certiorari on many cases at all, perhaps less than 10% of those that are petitioned, and hardly any of them are accepted while the underlying issues are being litigated.

Surely the likelihood of the SCOTUS taking the case will be nearly 100% once they learn that USAPA is once again supremely confident in the rightness of their case.

 

[end_of_alpa]

Sounds like someone is starting to go off the reservation. Money will never be a problem. The wheels of justice haven't been slowed one bit for any financial reasons and they never will be. Besides, you guys are going to pay us back anyway.

Go get a loan based on THAT statement. LOL!!

Unlimited supply of money....go figure.

 

[Hate2fly]

Looking back in the past!

https://ecf.dcd.uscourts.gov/cgi-bin/show_p...c?2007cv1309-18

Ultimately, the ALPA Merger Policy generates a proposed seniority list, which ALPA promises to present to the merged airlines in an effort to persuade the merged airlines to adopt the list. See Defs. Opp’n 3-4." .........



Signed: Emmet G. Sullivan

United States District Judge

November 30, 2007

Hate

 

[aquagreen73s]

Go get a loan based on THAT statement. LOL!!

Unlimited supply of money....go figure.

Talking about us running out of money now is tantamount to a German taunting the Americans that they're about to run out of ammo in March of 1945.

Get real.

 

[end_of_alpa]

Surely the likelihood of the SCOTUS taking the case will be nearly 100% once they learn that USAPA is once again supremely confident in the rightness of their case.

Actually I have always predicted the SCOTUS will accept this case due two factors:

Different interpretations in the various courts and because of the standstill created that is exemplified in the companies letter to the NMB.

Every man for himself.....looks like "at will" employment coming our way!!

Now we compete with each other and to the bottom of the barrel!

 

[end_of_alpa]

Talking about us running out of money now is tantamount to a German taunting the Americans that they're about to run out of ammo in March of 1945.

Get real.

Bad analogy. Remand costs you another 1.5 mil. BRING IT ON!!