Who cares about Judge Silver? Either way, it does not portend well for the West. The comments about the pension and Johnny Come Lately were mighty interesting. She gets the negotiating part, something Wake had no clue about. Either way, she has had to have had a chat with Wake about all of this. She is well aware of what the 9th said with regard to internal union issues and the Nic. That, has to be the point that stood out very well with her. The Nic does not have to be in it at all. LOA 84 pay rates are the focus now. Waiting. After that, and if it goes East, it is all downhill.
Once again Swan misses the boat.
Who cares about Judge Silver? umm..the company, usapa and AOL all care.
The comments about the pension and negotiating were Silver discrediting the 9ths false assumption that a Nic contract could not be ratified. Missed that didn't you. One of the many incorrect assumptions in their non-opinion dicta following their admission that they have no room to comment, because they found the case not ripe.
Further, you are probably correct in that Silver may have been briefed by Wake. What do you think Wake passed on? I am thinking he explained that Sleezham misquotes, perverts and distorts every case he cites, then accuses the judge of bias for holding the correct interpretations of case law. Lets look at Silver's transcript. Did she have to tell any other lawyer in the room that they were reading more into the 9ths decision than is there? Did she correct Seeham and point out the 9th most asuredly saw the harm the usapa has brought the West.
The 9th did not say the Nic does not have to be in it at all. The 9th said, a non-Nic that would not cause the harm plaintiffs fear could be one of the many reasons the case is not yet ripe.
bottom line in all of this, get a DOH contract passed, get sued, waste money, lose "unquestionably ripe DFR". So, usapa will never get to that point, once the company DJ is dismissed, affirmed, whatever, usapa will not see any acceptance of any seniority list they pass at the table unless it is the Nicolau award, unaltered.
It will all become much clearer when Kasher explains why you get to sit on LOA93 until usapa negotiates that new Nic inclusive contract.