US Pilots' Labor Thread 6/9-6/16--PLEASE OBSERVE THE RULES

[ussnark]

I assume you mean "go along to get along" so as not to make waves or to get it over with though not convinced. That doesn't change the fact that the jury verdict was unanimous 9-0. Each jury member was polled and individually each said that they agreed with the verdict.

They have to be unanimous, in order to render a verdict, at least in the trials I've been juror on. Perhaps it is possible a jury could be divided, but, where I served that would be grounds for re-trial.

I would want out of that verdict anyway if jurors are "compensated" like the jurors where I served, most small companies can't/won't compensate and the state/city barely pays mileage, the stipend barely covering lunch.

BTW, it seems I remember in each case, being cautioned about what we say after the trial. Perhaps PHX is different. Heck, they got that fruit-cake for a sheriff so who knows.

 

[hp_fa]

Who would you suggest do so? Are you volunteering? Run for election!

I don't think that I qualify. Sorry. 🙂

 

[luvn737s]

I don't think that I qualify. Sorry. 🙂

That's no problem. The Official USAPA Constitution is written on a white board for easy amendments.

 

[boeingplt]

That's no problem. The Official USAPA Constitution is written on a white board for easy amendments.

What you should really be concerned about is that our contract is written in a loose leaf binder

 

[aquagreen73s]

What you should really be concerned about is that our contract is written in a loose leaf binder

With a protective order issued by a federal judge which will prohibit USAPA from altering, modifying or diluting the Nicolau. He (the judge) will also have continuing jurisdiction in case anyone tries something stupid over at USAPA HQ.

Have a nice day.

 

[Nicstolemyjob]

yawn...

 

[traderjake]

So the score is really running 12-0. Add three more judges from the 9th Circuit and that'll be the game: 15 to zip.

It was OK for USAPA to be wrong.

It's not OK to stay wrong.

Staying wrong in the face of overwhelming evidence is beyond stupid.

 

[traderjake]

What you should really be concerned about is that our contract is written in a loose leaf binder

What we are really concerned about are the clowns enforcing the contract.

 

[aquagreen73s]

How does the saying go? Insanity = doing the same thing repeatedly hoping for a different result each time. Did I get that right?

 

[EastUS]

How does the saying go? Insanity = doing the same thing repeatedly hoping for a different result each time. Did I get that right?

Actually; on the macro level, the old definition of insanity = repeating the same experiment and expecting different results, would have required continuing with Alpa as the supposed "representation". On the micro level....it's easily achievable by way of continuing to spew forth any/all of the west fantasies of "integrity"...."righteous position"..."it's over, get used to it"..."and we hate you guys"..."I hate all of youse"/etc, ad nauseum, and absurdly expecting a different response from east folks, as per the west's insanely exalting the far fewer years of work done by your sorts, over the greater time worked by your east "fellow pilots".

No amount of vitriol, "righteous" ranting, insanely inflated senses of self worth, jumpseat denials, and/or tantrums of any kind will effect anything at all regarding how any portion of this mess will continue to unfold.

Have a nice day as well.

 

[john john]

With a protective order issued by a federal judge which will prohibit USAPA from altering, modifying or diluting the Nicolau. He (the judge) will also have continuing jurisdiction in case anyone tries something stupid over at USAPA HQ.

Have a nice day.

The Railway Labor Act under the guidance of the National Mediation Board (NMB), trumps the ruling. NBM is responsible for labor and management and other interested parties and the resolution of disputes arising out of the negotiation of new or revised collective bargaining agreements

 

[hp_fa]

The Railway Labor Act under the guidance of the National Mediation Board (NMB), trumps the ruling. NBM is responsible for labor and management and other interested parties and the resolution of disputes arising out of the negotiation of new or revised collective bargaining agreements

Wrong.

You forgot a federal judge who accepted the ALPA merger policy process under which the Nicolau full and binding arbitration result was reached, accepted it, and then along with a jury went on to find USAPA responsible for having failed in its Duty of Fair Representation.

The RLA establishes the right of employees to join unions and what interactions with the company may and may not occur. It does not establish how unions function in intra-union merger disputes. In this case the only Company action taken was to accept the list that ALPA presented in compliance with the Transition Agreement.

 

[aquagreen73s]

Wow East, wasn't that kind of a short post for ya? Shouldn't it be a couple of hundred words longer? Heck, I read the entire thing within 20 seconds!

 

[aquagreen73s]

The Railway Labor Act under the guidance of the National Mediation Board (NMB), trumps the ruling. NBM is responsible for labor and management and other interested parties and the resolution of disputes arising out of the negotiation of new or revised collective bargaining agreements

In other words, what HP is saying is that jurisdiction in labor-management relations in airlines and railroads is almost entirely given to the NMB. However, there are situations where jurisdiction moves from the NMB to a federal court. A major dispute is one and a union's breach of its duty of fair representation is another. These suits are rare, but that's because of the wide deference given to unions to conduct their buisness. But once a finding of jurisdiction is made, the union had better watch out as the biggest hurdle was just crossed by the plaintiffs. In our case, USAPA was finsihed once the judge found that he had jurisdiction. The rest was history. And before you go running off and thinking that what I just said is evidence of reversible error on the part of the trial court, Seham already had his crack at an interlocutory appeal and the 9th already kicked it out. You'll get a second crack at the full appeal, but good luck. This judge has covered every base. Liability is going to stick on USAPA like super glue.

 

[prechilill]

In other words, what HP is saying is that jurisdiction in labor-management relations in airlines and railroads is almost entirely given to the NMB. However, there are situations where jurisdiction moves from the NMB to a federal court. A major dispute is one and a union's breach of its duty of fair representation is another. These suits are rare, but that's because of the wide deference given to unions to conduct their buisness. But once a finding of jurisdiction is made, the union had better watch out as the biggest hurdle was just crossed by the plaintiffs. In our case, USAPA was finsihed once the judge found that he had jurisdiction. The rest was history. And before you go running off and thinking that what I just said is evidence of reversible error on the part of the trial court, Seham already had his crack at an interlocutory appeal and the 9th already kicked it out. You'll get a second crack at the full appeal, but good luck. This judge has covered every base. Liability is going to stick on USAPA like super glue.

Excellent post.