US Pilots Labor Discussion

[BoeingBoy]

That's the first time I've seen that thrown out. What do you see happening that could make that come true?

Personally, if there's a loser in Silver's court I think it'll be appealed. Other than everyone losing that is - Silver says that the company is on it's own legal liability wise.

Jim

 

[Rookie Jr]

That's the first time I've seen that thrown out. What do you see happening that could make that come true?

The judge will decide whether to go to trial or rule from the bench. The DJ request is frovolous and she had made comments to that effect, indicating that the company alread knows what it has to do. This points to bench ruling and I don't think the company will get a pass on its agreements.

 

[Rookie Jr]

Personally, if there's a loser in Silver's court I think it'll be appealed. Other than everyone losing that is - Silver says that the company is on it's own legal liability wise.

Jim

I doubt the company will appeal if the court does not give them a pass over agreements already made. The company knows what its responsibility is, they are just using the court for its dirty work. They have feared an east meltdown and needed the court as a scapegoat. Now the company is armed with an injunction against such and I believe we will move on from here.

 

[Rookie Jr]

Poor little westies...still crying about LOA 93. It must be keeping them from something...what could it be?

Westies crying about LOA93? I believe most westies could care less if the east chokes on LOA93

 

[traderjake]

Poor little westies...still crying about LOA 93.

"crying"?

I might believe gloating.

You may find this website helpful

http://dictionary.com/

 

[BoeingBoy]

I doubt the company will appeal if the court does not give them a pass over agreements already made.

If I had to choose, I say you're right. The "lose" was referring to option 1 or 2 - the company has to use the Nic or can negotiate with USAPA. One of those and I'd bet there'd be an appeal by the loser - AOL or USAPA.

Jim

 

[Move2CLT]

Which is why the judge won't rule one way or the other. She's already hinted to the company that deep down they know what to do without her guidance.

The company will then use that lack of ruling to stick with the Nic.

 

[CallawayGolf]

Which is why the judge won't rule one way or the other. She's already hinted to the company that deep down they know what to do without her guidance.

The company will then use that lack of ruling to stick with the Nic.

She did make that statement when she was trying to understand the differences between the Addington trial and the company's request for a DJ. By dismissing USAPA's MTD she has also indicated that the company's Hobson's choice argument has merit based on the evidence presented thus far. I don't think we can predict how the proceedings will advance from here or what her relief is likely to be, but I seriously doubt she will tell Management that they should just tell USAPA they refuse to accept any list other than the NIC and see what happens. If that were to be her judicial opinion she would have granted USAPA's MTD and told Management figure it out on their own. A DJ is a valid claim for relief and she has decided it is ripe. Kicking the can down the street like the Ninth did doesn't seem to be in the cards for judge Silver.

 

[Claxon]

She did make that statement when she was trying to understand the differences between the Addington trial and the company's request for a DJ. By dismissing USAPA's MTD she has also indicated that the company's Hobson's choice argument has merit based on the evidence presented thus far. I don't think we can predict how the proceedings will advance from here or what her relief is likely to be, but I seriously doubt she will tell Management that they should just tell USAPA they refuse to accept any list other than the NIC and see what happens. If that were to be her judicial opinion she would have granted USAPA's MTD and told Management figure it out on their own. A DJ is a valid claim for relief and she has decided it is ripe. Kicking the can down the street like the Ninth did doesn't seem to be in the cards for judge Silver.

Western manager. The 9th did not kick the can down the street. The 9th kicked that idiot western judge Wake squarely in his assets. They said the Niclau is not the required list, and it could be something else. If this Silver tries anything other than that, she will get kicked in her assests. What is wrong with the idiots out west? I realize your school system is nothing to brag about, but honestly, there seem to be nothing but idiot right wing judges out there who don't understand law beyond their right wing aspirations. What a bunch of clowns. Thank God above for superior judges in other parts of the country that can set these idiots straight. None of you understand anything about labor law, and real law. You seem to have watched too much television in your youth instead of reading books. You have no sense of reality other that what you must have seen on Miami Vice when your mothers propped you up in front of the television while they gabbed on the phone or watched Oprah upstairs.

 

[Move2CLT]

Western manager. The 9th did not kick the can down the street. The 9th kicked that idiot western judge Wake squarely in his assets. They said the Niclau is not the required list, and it could be something else. If this Silver tries anything other than that, she will get kicked in her assests. What is wrong with the idiots out west? I realize your school system is nothing to brag about, but honestly, there seem to be nothing but idiot right wing judges out there who don't understand law beyond their right wing aspirations. What a bunch of clowns. Thank God above for superior judges in other parts of the country that can set these idiots straight. None of you understand anything about labor law, and real law. You seem to have watched too much television in your youth instead of reading books. You have no sense of reality other that what you must have seen on Miami Vice when your mothers propped you up in front of the television while they gabbed on the phone or watched Oprah upstairs.

What about the CLT judge and the injunction? He going to get his assets kicked too?

And whats a "Niclau"?

 

[CallawayGolf]

Western manager. The 9th did not kick the can down the street. The 9th kicked that idiot western judge Wake squarely in his assets. They said the Niclau is not the required list, and it could be something else. If this Silver tries anything other than that, she will get kicked in her assests. What is wrong with the idiots out west? I realize your school system is nothing to brag about, but honestly, there seem to be nothing but idiot right wing judges out there who don't understand law beyond their right wing aspirations. What a bunch of clowns. Thank God above for superior judges in other parts of the country that can set these idiots straight.

You mean like judge Conrad in NC?

We keep coming back to the same point. If the Ninth really said what you think they said with the full terms of the Transition Agreement in mind, then why isn't section 22 closed yet? Management clearly doesn't see it your way. AOL clearly doesn't see it your way. There is no indication that judge Silver sees it your way. I haven't seen anything out of the NY district court but if this is so clearly what the Ninth said then there would be no reason for that judge to do anything other than a bench trial where he would order Management to accept USAPA's DOH list or face an injunction. Do let me know when that happens. If you change screen names by then, we can continue the discussion under your new alias as well.

 

[nevergiveup]

"crying"?

I might believe gloating.

You may find this website helpful

http://dictionary.com/

Why would one gloat about something that belongs to someone else?

 

[BoeingBoy]

Western manager.

Oh ye of little comprehension but big fantasies...

The 9th said:

Five months after certification, USAPA presented a seniority proposal to the airline. The proposal incorporated date-of-hire principles. Although the proposal contained some protections for West Pilots, it was not nearly as favorable to West Pilots as the Nicolau Award.

We conclude that this case presents contingencies that could prevent effectuation of USAPA’s proposal and the accompanying injury.

Additionally, USAPA’s final proposal may yet be one that does not work the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award.

So, the 9th said that USAPA's proposed seniority list "was not nearly as favorable to West Pilots as the Nicolau Award" and that "effectuation of USAPA's proposal" would injure the West Pilots. Then they said "USAPA's final proposal may yet" - not the current USAPA proposal but one that USAPA may yet propose. Followed by the part that easties love to skip: "that does not work the disadvantages Plaintiffs fear" - i.e. it's not USAPA's current proposal since they already said that the current USAPA proposal is "not nearly as favorable" to the westies and presents an "accompanying injury."

So USAPA is in a corner - they have yet to make a seniority proposal that doesn't harm the westies. If USAPA ever does make a proposal that is as "favorable to West pilots as the Nicolau", then and only then will USAPA escape a DFR.

That is exactly what Silver was referring to when she said "No question the Court embraced the issue that there was harm to the West Pilots."

Jim

 

[Monkee]

Western manager. The 9th did not kick the can down the street. The 9th kicked that idiot western judge Wake squarely in his assets. They said the Niclau is not the required list, and it could be something else. If this Silver tries anything other than that, she will get kicked in her assests. What is wrong with the idiots out west? I realize your school system is nothing to brag about, but honestly, there seem to be nothing but idiot right wing judges out there who don't understand law beyond their right wing aspirations. What a bunch of clowns. Thank God above for superior judges in other parts of the country that can set these idiots straight. None of you understand anything about labor law, and real law. You seem to have watched too much television in your youth instead of reading books. You have no sense of reality other that what you must have seen on Miami Vice when your mothers propped you up in front of the television while they gabbed on the phone or watched Oprah upstairs.

I've noticed that you are never right, and your predictions always go the opposite way in which you think.

Doesn't that wear you out, always being so wrong?

 

[luvthe9]

And whats a "Niclau"?

Something you will never see or have in your lifetime, that is what it is. So sorry kids.