US Pilots Labor Discussion 6/2- STAY ON TOPIC AND OBSERVE THE RULES

[usfurloughed]

I’ve said all along that the 9th could rule either way on this, especially since it is filled with wacked out judges who hold the record for being the most overturned court in the land. So two federal judges believe this case is ripe (Wake and Bybee) and two believe it isn’t ripe (Tashima & Graber). Hardly a overwhelming victory, and it certainly doesn’t give you the freedom to implement DOH. That course of action will absolutely put you back in court where you will have a far less likelihood of a “victory” than today’s ruling.

"The two airlines combined in 2005, but their pilots are still fighting over seniority rights. Six pilots from the old America West sued their union, saying it planned to ignore an arbitrator's decision that it believed had favored the America West pilots. Last year a judge agreed with the America West pilots and ordered the union to follow the arbitrator's decision.

Friday's decision from a three-judge panel of the 9th U.S. Circuit Court of Appeals says it's too soon to say that the union has harmed the America West pilots because a new contract would have to be ratified first"

Where did you get the 4th judge from?

 

[MUTATIS MUTANDIS]

Try actually reading the ruling. Apparently your reading comprehension is as finely tuned as your writing.

8008 interesting read! MM! Metro for your comprehension that 8008 is the pg number! MM

 

[AWE Dog]

When will your fighting end?!?!?!?!?!?!?!?!

Can you both now please work for a solution and stop the insanity?!

Sure when we have a senority list that doesn't put a 23 year old west new hire ahead of a 50 year old East pilot with 15 years service.

 

[767jetz]

(Shrug) I have to admit, I am surprised at the outcome by the 9th.

I agree. But IMO this really just puts everything back where you were in the first place... stalemate.

The "victory" the east celebrates today sounds like just another delay. They won some more time. I really don't see how they move forward to their goal of DOH and a new contract without stepping on some very big landmines.

I guess we'll see. I don't think this is getting resolved anytime soon.

 

[luvthe9]

Anyone know if judge Wake loses his seat on the bench or gets disbarred for incompetence or lack of knowledge of the law or just spanked a little!!

 

[MUTATIS MUTANDIS]

Baptiste and Wilder had it right also, no surprise there. ah those lawyer wannabees, expensive legal education, wonder if USAPA can counter sue for legal fees and damages? MM!

 

[luvthe9]

USAPA. Best dues money I've ever spent! And I don't even get a magazine!

Right on brother!!!! I agree

 

[flybynite]

It's funny I see every east guy, be perfectly happy, simply keeping the airplanes and spots we brought to the merger. The west guys not so much. They want that capt seat that they are undeniably supposed to be sitting in. Uhmmm..if you want that capt seat, go back to Mesa ....

LOL!!

 

[BoeingBoy]

wonder if USAPA can counter sue for legal fees

"No costs to either side." From the decision...

Also this tidbit from the footnotes: "By deferring judicial intervention, we leave USAPA to bargain in good faith pursuant to its DFR, with the interests of all members — both East and West — in mind, under pain of an unquestionably ripe DFR suit, once a contract is ratified."

Jim

 

[flybynite]

Anyone know if judge Wake loses his seat on the bench or gets disbarred for incompetence or lack of knowledge of the law or just spanked a little!!

Oh no....nothing so drastic.....

Just having it sent back to him is his spanking.

 

[Freebird]

"No costs to either side." From the decision...

Also this tidbit from the footnotes: "By deferring judicial intervention, we leave USAPA to bargain in good faith pursuant to its DFR, with the interests of all members — both East and West — in mind, under pain of an unquestionably ripe DFR suit, once a contract is ratified."

Jim

Dont ruin their 'party' with the legal details. Long way to go. DOH still isnt going to happen.

 

[AWE Dog]

Don't forget , you might not get a DFR out of a new trail. New court, new judge new ground rules, years away and $$$$.

 

[oldiebutgoody]

Dont ruin their 'party' with the legal details. Long way to go. DOH still isnt going to happen.

I'll bet DOH with fences and restrictions does. Count on it!
It is the only mutually fair way to settle it!

So much for guys gettin' rich on the millions in damages. I guess you'll have to go back to buying scratch-offs.

If I were Mr. Seham, or other attorney on his team, I would consider filing a complaint against Judge Wake. Reading the transcript it was plainly evident that he was biased and made MANY inflammatory rulings and comments. He also wasted a ton of both the plaintiffs' and defendants' money in a case that was obviously not ripe. If he had made the correct ruling a year ago, we may have had a new contract by now. The west guys may have had more resources left to persue another DFR if they chose to do so. Both West and East pilots should be pissed at Judge Wake for the stupid waste of time and money his biased, incorrect ruling caused.

 

[AWE Dog]

I can just see the west spin. We didn't really lose, we just spent over a million dollars $ and we are just where we were a few years ago.

 

[A320 Driver]

I'll bet DOH with fences and restrictions does. Count on it!
It is the only mutually fair way to settle it!

So much for guys gettin' rich on the millions in damages. I guess you'll have to go back to buying scratch-offs.

IF the two parties will seek an equally beneficial (or painful) resolution to this mess, it MIGHT be possible to move this group forward. BUT, if USAPA hangs on to straight DOH and West hangs on to the Nic, we will go nowhere...for good.

Time for cooler and more reasonable heads to prevail and get us pulling in the same direction.

Driver B)