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Here's a link to a very experienced legal opinion:

Expert legal opinion

These guys actually function as attorneys for ALPA.

And before you start the "it's only THEIR opinion" crap, remember that until a case is heard by the US Supreme Court, it's ONLY someone's opinion.

Its a blog and nothing else not unlike this web board. Nice try though, you got anything else?? Do I need to call the NYtimes again and have them print one of my made up stories about aircraft returns and furloughs at AAA prior to our buy them??

AWA320
 
Kind of shot your argument there oldie. If as you say the Nicolau is dead how can the west file a law suit?

Next. The Nicolau is still alive. Company law suit. If the company thought the Nicolau was dead and gone how or why would they file a law suit. So I guess there are other people that think it is still alive.

Would you mind posting case law that explains what happens to arbitrations? They don't just disappear.
NO, but INTERNAL UNION PROCESSES do. Plus you can't file until a contract is RATIFIED. Nic = no ratification. The Nic is dead.
 
Ok, three posts of non-answers. Can any of you cite a legal reference saying the Nicolau is dead? All you have given me is a subjective opinion from a law firm (who used to be employed by the east), a misguided recap of event since USAPA's ill- fated inception and a third referencing USAPA's interpretation of case law.

You said that the Nicolau is dead. Fine. Show me the legal reference. I can find a bunch of stuff saying you guys have reached a dead end (and a lot of your friends out east are seeing this now), but show me a court order saying the Nicolau is dead. (Hint: you can't)

OK show us a court order that says it is still alive! Doug says this is " for you guys to decide". Ha ha
 
Its a blog and nothing else not unlike this web board. Nice try though, you got anything else?? Do I need to call the NYtimes again and have them print one of my made up stories about aircraft returns and furloughs at AAA prior to our buy them??

AWA320
Call them. Just make sure the "story" they print backs up your false claims. The ones you quoted didn't.

Fact: You made stuff up and can't back it up.

And, sorry to tell you this, since it blows your "thesis" all to hell, but Baptiste and Wilder are recognized experts in the field of RLA law. Their opinion is MUCH more valued than some of the fools on this board.
 
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clear you are a loud mouth in my opinion, a spoiled brat...
I was part of the Trump merger... it wasnt' perfect, but it had both sides realizing that it wasn't perfect..
but it wasn't the AWA/ US disaster...
So you added nothing and answered nothing.

Thanks for nothing.
 
The West has the burden of proof and claims the Nic award is binding but has failed in every attempt to prove it.
I drove home from the supermarket this afternoon and was going over the posted speed limit at times.

The police did not stop me, and so there is no court decision stating today, December 14, 2010, I, Bear96, broke the law by driving X MPH on Y road.

Therefore, my state's speed limit laws are neither valid nor binding, right?

And if I ever get pulled over for speeding in the future, I can just state that I have driven down Y road at X MPH before, and there is no court decision stating I should not have done so, and therefore I can go on my merry way with no consequences, correct?

Cool!
 
Okay then. You show US where the Nic is still alive. (hint: you can't). Quoting cases that have been dismissed doesn't count.

Since it's gonna take a RATIFIED contract before you can refile a DFR, it's gonna be a while. NO ratified contract will EVER include the Nic. You can take that to the bank.

So, if the Nic is so dead why is the company so worried about ignoring it?
 
They were forced is the key word. You make it sound like it was a choice. It was economic reality that those jobs were not productive and had to be cut. They have the least invested in the airline but seem to think they are most entitled because of the great hardship in being forced by economics out of a non-viable job. All of the furloughs would have been much better off to have cut their losses and move on to companies who did have economically viable jobs for them. I am sure you know many who did this and are in a much better place than they would be had they stayed.

All that said I do wish Nic would have fenced off a portion of the east hulls to try and protect some east attrition for them.

And since it did not and since everyone on the West was basking in their seniority theft glory........Now 'all' east attrition is protected...

V
 
OK show us a court order that says it is still alive! Doug says this is " for you guys to decide". Ha ha

See above. You guys are the ones making wild unsupported claims. Feel free to think what you want, the fact you cannot cite any court decision makes you appear you are full of hot gas. Three years without a DOH contract...
If the Nic is dead, where is your DOH seniority list?
 
Yes, you did. They actually said that USAPA was at least as free to abandon the Nic as ALPA, and we know that ALPA didn't feel bound by it (i.e. Rice comminsion, Wye River, etc). AND that you can't file another DFR until there is a RATIFIED contract.

Please stop distorting the facts.
ALPA could abandon the Nicolau? Would that be ALPA national? ALPA east? ALPA west? Would that have been east and west with mutual agreement?

ALPA did feel bound by the arbitration. That was the reason for the meetings. If ALPA COULD have dumped the Nicolau they would have. Kept the property no more problems. Throw the west under the bus it is over. No ALPA could not dump arbitration.

You really should read and research what the ninth meant by USAPA was as free as ALPA was. ALPA was not therefore usapa is not.
 
See above. You guys are the ones making wild unsupported claims. Feel free to think what you want, the fact you cannot cite any court decision makes you appear you are full of hot gas. Three years without a DOH contract...
If the Nic is dead, where is your DOH seniority list?
It's actually been on the USAPA website (merger committee page) for months, along with the C&Rs. You should read both.
 
Fact are great. So tell you west buds to stop makiing stuff up.

Right back at you, Pennywistle. I just love the hyperbole and revisionist history that you and your pals spew on this forum. It will be the subject of folklore for years to come.
 
See above. You guys are the ones making wild unsupported claims. Feel free to think what you want, the fact you cannot cite any court decision makes you appear you are full of hot gas. Three years without a DOH contract...
If the Nic is dead, where is your DOH seniority list?


Got news for ya Catfish; we use it every day.

V
 
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