US Pilots Labor Discussion

[Phoenix]

More USAPA fairy tales.

USAPA is trying to overturn an arbitration and the courts will decide if they can during the DFR lawsuit.

The 9th already made it clear that they left USAPA and the company free to bargain, and it is clear they deemed the Nic unnecessary (duh, they removed the injunction ), even unworkable. They went so far as to conclude that the West's preferred seniority system would undoubtedly be rejected by the membership, and they acknowledged the court is unable to fashion a remedy to settle the internal seniority dispute.

The notion that the Nic has any court support is quite imaginary, other than of course perhaps seeing it as somewhere within the many possibilities comprising a wide range of reasonableness, though unworkable.

 

[cactusboy53]

Said the side that took their loser case all the way to the Supreme Court. Pot, meet kettle. BOTH sides are fighting this until the final step and when I say let they courts decide, I'm assuming it will be the SCOTUS that finally settles it.

Said the east pilot that most normally posts salient (though misguided thoughts) in utter and complete desperation.......Kettle, this is my cousin....tomato (but can be pronounced tomato). Mr. Parker doesn't have time for your DOH games. He's going to go all in with a Nic inclusive contract offer. 🙄

BTW, IF (big IF) SCOTUS gets this it will go down just like our appeal: They will listen to Howard Sterns case and kick yours to the curb. See you in court..... 🙄

 

[Res Judicata]

So? Nobody asked the court to overturn an arbitration.

The democratic process under the RLA has already taken a new course in an internal union dispute.

Rrrrriiiiiiigggghhhhttttt........

 

[CallawayGolf]

The 9th already made it clear that they left USAPA and the company free to bargain, and it is clear they deemed the Nic unnecessary (duh, they removed the injunction ), even unworkable. They went so far as to conclude that the West's preferred seniority system would undoubtedly be rejected by the membership, and they acknowledged the court is unable to fashion a remedy to settle the internal seniority dispute.

The notion that the Nic has any court support is quite imaginary, other than of course perhaps seeing it as somewhere within the many possibilities comprising a wide range of reasonableness, though unworkable.

Have your read the DJ filings? The Ninth made nothing more clear; in fact the result of the Ninth's wasted effort was to have USAPA claim one viewpoint on seniority integration and the company and the west claim an entirely different and contradictory viewpoint. Judge Silver sees the merits of the Company's concern that USAPA has misinterpreted the Ninth and also that the west threat of a collusion/DFR case stands as a reasonable threat to the whole process. I suggest you wait to make these assertions until after judge Silver weighs in with more clarity in the DJ matter.

BTW, USAPA and ALPA are/were both free to negotiate within a wide range of reasonableness so long as the solution presented follows the ALPA merger policy and abides by the terms of the TA. Only the NIC meets that criteria now that an arbitration to resolve the matter has been awarded.

 

[Move2CLT]

What is up all!?!?! So, who missed me?

Got a bit of catching up to do before I start posting my pearls again.

 

[Phoenix]

...judge Silver...

Will leave USAPA and the company free to bargain, or will be remanded and dismissed.

 

[Move2CLT]

Will leave USAPA and the company free to bargain, or will be remanded and dismissed.

Under threat of an unquestionably ripe DFR lawsuit.

I wonder why USAPA has submitted a new list if what you're saying is true.

 

[Move2CLT]

Section 22 of the CBA is negotiable EVERY time you enter negotiations. It's NO different than any other section of the Contract when you enter negotiations. It's NEGOTIATED as is EVERY other section of the CBA. A Judge who KNOWS the RLA will NOT interfere with NEGOTIATIONS. The Nic WAS a bargaining position under ALPA........NOT with USAPA.

NLG out.

So were your snapbacks. I guess that means the company doesn't have to honor them, correct?

And, if you're free to negotiate S22, then why haven't you? You were quick to submit a new list early on and have failed to do so since.

Move2CLT out.

 

[Move2CLT]

Where is our favorite flame baitor Move2CLT? It's no fun with out his infinite wisdom here. 🙁

I knew you'd miss me.

You want me on this board. You need me on this board.

And yes, I ordered the code red.

 

[MUTATIS MUTANDIS]

Have your read the DJ filings? The Ninth made nothing more clear; in fact the result of the Ninth's wasted effort ?

You guys excused the company in front of WAKE and now you say the 9th wasted effort! ENJOY!, YEARS OF seperate ops and eventual fragmentation! The 9th coming to a theatre near you maybe starting in APRIL! LMFAO!

 

[traderjake]

USAPA is not trying to overturn the "Nicholau". It would be wasted effort. You would be shooting a dead horse.

The "Nicholau" and the other two requirements for transition agreement fulfillment are dead and buried. Forever. Why would one exhume the dead just to "kill it"?

The Nicolau Awards "lives" in the present contract.

The Nicolau Award is the seniority list until it is replaced by another in a ratified contract.

We'll see if the courts let you do that.

 

[cleardirect]

Will leave USAPA and the company free to bargain, or will be remanded and dismissed.

Or tells the company they are liable if they do not use the Nicolau.

Bargain away. What do you think the company will do if they do not have immunity?

 

[MUTATIS MUTANDIS]

Or tells the company they are liable if they do not use the Nicolau.

Bargain away. What do you think the company will do if they do not have immunity?

They will do what they have to do, for the benefit of the shareholders, sell pieces off, merger aquasition, bad fuel hedgeing , bad derivative trades who knows! One thing they won't do is throw enough money on the table for anything close to the NIC to be in a contract that would pass!

 

[Injunction junction]

I know we have some slow ones in the east, and, certainly, you seem to be among them.

USAPA is not trying to overturn the "Nicholau". It would be wasted effort. You would be shooting a dead horse.

The "Nicholau" and the other two requirements for transition agreement fulfillment are dead and buried. Forever. Why would one exhume the dead just to "kill it"? Again.

Constructing C&R to protect the west pilots would be a constructive start instead of whining about something that will never occur.

Ok so consider me one of the slow one's because I still don't get it. If its as easy as you claim then why dont major corporations that are being sued or have arbitration's against them just change the corporate name and all the principles in order to avoid having to honor the arbitration or avoid paying the law suit???

This is a monster of an idea and to think that I have been cursing usloppy all this time. They have changed the legal system so no one will ever have to pay a suit again. Change your name and you're free.

You seem to have a propensity to read only that with which you feel makes your point. The problem with this line of thinking is that you miss the majority of whats being said. This is exactly what you have done with the 9ths ruling. There was much more to their ruling yet you left that part out, wonder why?

Injunction

 

[MUTATIS MUTANDIS]

The Nicolau Awards "lives" in the present contract.

The Nicolau Award is the seniority list until it is replaced by another in a ratified contract.

We'll see if the courts let you do that.

OKAY DAN I GIVE, your now an attorney, Well it maybe ALPA's list but it aint ours, but before you go there explain now 2 seperate votes of a joint CBA, and I think some actual attorneys may have a difference of opinion, but the again, IT"S DAN!