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What's up with this lawsuit? I don't recall hearing much about it.

US Airways Pilots File Suit Against the Airline Alleging Violation of Legal Obligation to Bargain in Good Faith


US Airline Pilots Association Takes Legal Action to Address US Airways' Alleged Violation of Status Quo During Negotiations



CHARLOTTE, N.C. -- May 31, 2011 -- The pilots of US Airways, represented by the US Airline Pilots Association (USAPA), have filed a complaint against defendant US Airways in the U.S. District Court Eastern District of New York alleging that US Airways has violated its duty to maintain the status quo during contract negotiations as required by the Railway Labor Act (RLA).

A little bit of Cleary strategery that backfired. He basically did it on his own and didn't clue even the bpr in on it until it was done. He knew the company's injunction suit was coming. He was hoping to get a leg up by being the 'first to file' a case built around similar facts, and it didn't work. I'm sure the more astute legal beagles can pipe in more about it, but that is the gist of it.
 
Of course check airmen might do this.. Senority is not so much an issue with them...
either ways EF will not win.... that is very obvious

My understanding is that east check airmen are, in general, junior. I have met a few who claim that even though the check airman compensation is substandard it is a better deal than sitting reserve at one's base. If this is true seniority is an issue.
 
You're trying hard to make something of this that wasn't said. For starters, here's the exact quote of what was posted:



Does he say that the plan includes ways to mitigate the Nic list through changes to other sections of the joint contract? Yes.

Doesn't that imply that the changes to other sections of the joint contract would more favor the East pilots than the West pilots? Yes (or they wouldn't mitigate the Nic).

Does he say that a single pay scale would benefit the East pilots "almost exclusively"? Yes.

If he's merely talking about putting the West reinstatement rights language into the joint contract, would that be unusual? No, some provisions of East & West contracts will end up in the joint contract so having the same provision for all pilots wouldn't be worth mentioning.

Does he say the reinstatement right provision for East pilots would actually be for East and West pilots? No, only East pilots.

Does he say that any such reinstatement right for East pilots would be a one-time provision for one displacement like the current West language? No, it applies to any East pilot ever displaced.

Does he say that any such reinstatement right for East pilots would not be given to pilots already holding the job displaced from or higher when the joint contract went into effect? No, it would be given to any East pilot that was ever displaced.

Does he say that such a reinstatement right would only apply to the captain job displaced from? No, the only qualifier for exercising the reinstatement right is "a new captain opening." This is in line with giving all East pilots that have ever been displaced a reinstatement right to any new captain opening.

Does he say that the reinstatement right for East pilots is "use or lose" like the current West language? No.

Does he say that the reinstatement right for East pilots has priority only over all vacancy bidders? No, it has priority over any West pilots.

Does he say that the reinstatement right for East pilots is seniority based among pilots holding the same reinstatement right? No, it has priority over any West pilots - some of whom may (or may not if only East pilots get reinstatement rights) have the same reinstatement right and be more senior.

One thing you've shown is why agreements like LOA 93 passed but when everyone learns the details nobody admits to voting for them. The devil is in the details. You assume that details not given aren't there and then assume that changes can be made to make the details more balanced (meaning you realize that the suggested provisions are anti-West but won't admit it). I think I'll go with the anti-West to start with since they're said to be ways to minimize the effect of the Nic and the only way to do that is have anti-West provisions in sections other than 22.

I have absolutely no idea which candidate(s) may be floating these ideas, but my guess is that it's who I think is your choice - Hummel and ticket. You want to present him in the best possible light, which is why you assume that the anti-West details aren't there if they weren't mentioned while at the same time saying that the anti-west details (that aren't there!!!) can be modified to be more balanced.

Jim

You are full of ####. Answer the F'ing question. Have you talked to any of the candidates? Answer that or STFU. I have talked to several of them, except Ferguson, he never called or answered my emails. I spent quite a bit of time with Koontz, so I think I have a better line on their thinking than you.

I asked you if you have more information than what is in Ferguson's blog. No answer. You may be correct about all you posted, but as I said, I talked to Koontz about the very idea and it was nothing like what you have posted. I sent Eric an email, I'll let you know if he answers.

You say it has to benefit the east to mitigate the Nic and that is FALSE. You think that way if you think like the junior west do. The Nic is a potential problem for the senior west captains, the senior west F/Os that were captains, and furloughed pilots that want to get back into PHX. Think back to your experience with PI/US and how PI guys got bumped while out of CLT while US guys came in. I do not see the PHX base growing, and without mitigation I think the few captain vacancies will go to guys like 924PS and the F/O slots will go to east F/Os that are senior to furloughed west F/Os. Depending on the language, first right of refusal could help the west more than the east, but if an east guy was a captain it could help them. I have a friend that was a 737 captain in CLT in 2001, but can't hold it now. That language could help him get back. As I said it just has to be fair to both sides. You can't say that the east guy shouldn't have rights from 11 years ago, but a west guy should from 4 years ago. This could be a win-win situation, but since there is NO trust on either side everyone assumes it is a scheme.

Of course if you do that there are trade offs. Some guys will be pissed because they cannot get into an east or west base. One thing I suggested a while back was a swap provision. If a guy was in the same seat, same category as pilot in another base and they wanted to swap they could without a bid. Maybe it would need to be done by percentages of seniority so that a number 1 guy couldn't swap with the bottom guy thereby pushing everyone down. So say 924PS is in the top 25% of PHL and wants to get into PHX but there are no vacancies. A former west pilot that lives east and is in the top 25% in PHX wants to get into PHL. If they were allowed to swap it really wouldn't have much of an affect on anyone. No training or other cost to the company.

But no one is talking about things like that. It's winner take all. My perception, from talking (and knowing some of them) with the camps that Hummel would be open to more of that type thing than the others.

Since you have not answered the question about talking to the candidates it sounds like you are making assumptions about Hummel. I've talked to him and he absolutely didn't mention anything like that. I pressed him for details about what we could do for this or that and his basic answer was that there are things we can do for both sides. One big thing he said was that when we talked about those things was that WE HAD TO BE AWARE OF THE DFR. And by DFR I'm talking about the duty part, not just the fear of being sued.

I do not think the west slate can solve the problem by telling the east to eat it. It will just flip flop the problem. I think mitigation will be a factor in moving on, for both sides, and the west candidates have been clear that they will have no part of that.
 
I do not think the west slate can solve the problem by telling the east to eat it. It will just flip flop the problem. I think mitigation will be a factor in moving on, for both sides, and the west candidates have been clear that they will have no part of that.
There isn't going to be a single Atom of "mitigation" to appease you terrorists. LOA93 until you die or accept reality. You guys have Screwed yourselves harder than anybody else has in the last 30 years. These delusional references to Mitigation is just taking another step along the path of a worthless career. I'd suggest you stop and turn around but what do I know?
 
You can't say that the east guy shouldn't have rights from 11 years ago, but a west guy should from 4 years ago. ..................

I do not think the west slate can solve the problem by telling the east to eat it. It will just flip flop the problem. I think mitigation will be a factor in moving on, for both sides, and the west candidates have been clear that they will have no part of that.

Actually, you most certainly can and should say that (not an east or West) but an LCC pilot should be granted right of first refusal for an involuntary displacement post merger.

The difference between the West pilot displaced 4 years ago and the east pilot displaced 11 years ago is apples to oranges.

The displaced east pilot had their seniority acounted for in the Nic as part of the integration process, the West pilot had his seniority stolen as a result of the TA and the merger process that the east is continuously throwing up roadblocks in an effort to renege on.


What the West candidates are saying, IN MY OPINION, is they will have no part of the DFR attitude that is the cornerstone of usapa. Either move on with a foundation of integrity, or the West will retain its position and shut down usapa.
 
Mitigation: more bait for the easties to vote in the same old ####.

There is no bait. No east candidate brought up the subject of mitigation to me, I brought it up because I think in the end THAT is what it's going to take to get a contract. For both sides. I think Ferguson's letter on the subject is to further divide the east.
 
Pi,

How about instead of all that BS you put up as a solution, we KIS and let the agreed to SLI take care of it all.

No, no genius, you go first. I've seen no answers to my questions, so you carry Ferguson's water.

-How does dropping the litigation suddenly bring the unity required to get an INDUSTRY LEADING contract?
-How would Ferguson just drop the litigation? Wouldn't that be up to the BPR?
-What would a Nic type SLI with AA or DL look like with all the top SLOTS going to the other carrier?
-What does the Nic do to guys that want to stay in PHX?

I'll let you get those, then give you a few more.
 
There is no bait. No east candidate brought up the subject of mitigation to me, I brought it up because I think in the end THAT is what it's going to take to get a contract. For both sides. I think Ferguson's letter on the subject is to further divide the east.
You guys don't need Eric to divide you. Reading the campaign emails, your candidates haven't mentioned Eric once.

It's all you guys and it's ok to take 100% credit for your divide.
 
Actually, you most certainly can and should say that (not an east or West) but an LCC pilot should be granted right of first refusal for an involuntary displacement post merger.

The difference between the West pilot displaced 4 years ago and the east pilot displaced 11 years ago is apples to oranges.

The displaced east pilot had their seniority acounted for in the Nic as part of the integration process, the West pilot had his seniority stolen as a result of the TA and the merger process that the east is continuously throwing up roadblocks in an effort to renege on.


What the West candidates are saying, IN MY OPINION, is they will have no part of the DFR attitude that is the cornerstone of usapa. Either move on with a foundation of integrity, or the West will retain its position and shut down usapa.

So everything has to favor the west. Got it.

Entitlement, alive and well.
 
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