Actually, what you often hear is that USAPA made sure there could be no further negotiation between east and west so it's "eat the Nic". I realize that it's nearly impossible for an easties to blame USAPA and other easties, but the east pilots conjured up a monster that has so far done nothing but spend a fortune on legal bills and gotten you slapped with an injunction. In exchange for what? Certainly not cheaper. Not more transparent. Not responsible to the pilots. Not able to get a contract.
Maybe if the east would fix the mess they created instead of begging the westies to get you out of it...
Jim
Nice revision of what actually happened. The reality is, the meeting at WYE RIVER was pressed by ALPA, because they knew both sides were in need of a middle ground. The west insured they had nobody to speak for them, as did ALPA when the situation digressed to where the East pilots voted ALPA off the property.
Bill_Wilder says:
August 19, 2009 at 9:54 pm
Mr. Vasin, (if that should be Capt. Vasin, I apologize)
The simple answer to your question is no, I would not (and did not in 2007) sue ALPA because ALPA is not a party to the arbitration proceeding that produced the Nicolau Award. The East and West MEC’s were the parties.
For that reason, we filed suit against the West MEC to overturn the award on the ground that it was contrary to the arbitration agreement (ALPA Merger Policy.) We did not allege a “flawed process” but that the award was contrary to ALPA Merger Policy.
You and your attorneys sought to dismiss that lawsuit by removing it to federal court, arguing that it actually constituted a DFR claim against ALPA. The federal court rejected that argument and granted our motion to remand the case to state court. (Federal courts do not remand meritless cases to state court, they dismiss them.) So in the only disputed motion on the lawsuit, the West MEC and its lawyers lost. Those are the facts about the lawsuit.
I
obviously cannot state why the West MEC refused to engage the East MEC at Wye River on its proposal to modify the Nicolau Award in settlement of the dispute. You have confirmed, however, that the West MEC did refuse to engage in that effort.
I agree that further “tit for tat” isn’t productive. I may have done that with earlier posters, although I wasn’t meaning to.
As I stated above, my opinion that the judge’s ruling is contrary to law does not go to the real issue of the dispute facing the East and West pilots. (And of course one attorney’s position is hardly the same effect as rulings by a court.)
I view the extreme positions on both sides to be self-destructive. It is apparent that by its actions to this point (leaving aside the DFR issue), that USAPA has only further harmed the effort to resolve these issues and allow the US Airways pilots to move on as a united group.
Perhaps USAPA will realize that and now try to find some way to reconcile the two sides over the Nicolau Award and move to a combined CBA. (Using the East’s Wye River approach would seem to be the best way to do that.)