USA320Pilot
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- Joined
- May 18, 2003
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Management has tried five times to either obtain a court order, arbitrator's order, or union agreement to permit a 3 (4)-way M-B ISL arbitration (Summary Judgment, Motion to Correct, PA discussions, Reply & Counterclaim, and their Motion to Stay/Arbitration) and each time USAPA has opposed the Company and APA's attempt.
Tomorrow will mark two weeks since USAPA presented the BPR's counter proposal (including a revised PA, UMTA, GA, and M-B lawsuit settlement) to APA. There has not been a peep from USAPA and it's my understanding that Gary Hummel, Jess Pauley, and other MC associates (members and advisors) may or may not know APA's response, but the BPR has not heard anything and has not been briefed on APA's response, if any
There are multiple reports from people with knowledge of USAPA's situation that AAG and APA will not permit a M-B arbitration to proceed that is not a 3(4)-way arbitration. And, I heard that USAPA's advisors told Gary Hummel and the MC that it's inevitable there will be a 3(4)-way arbitration, which is why USAPA apparently has heard anything so far from APA regarding USAPA's new proposals.
Now the parties are waiting from the federal court in D.C. to "Stay" the proceedings and order an arbitration, which would allow the court to punt. Once Arbitrator Bloch's expedited Opinion & Award is provided shortly after the June 15-17, 2014 arbitration then the federal judge in DCA would not have to hear USAPA's M-B lawsuit. Next the NMB can then authorize SCC with clarity, APA could create 3 labor autonomous MC's that are separately funded, AAG would be the fourth M-B arbitration party as authorized by the M-B statute/MOU, and we would have a F&E ISL arbitration.
In my opinion, USAPA's advisors know the union's legal opinion is unsupportable. USAPA cannot successfully argue in PHX federal court that a subset of a union cannot argue seniority in a SLI arbitration than take the opposite position in the next merger ISL arbitration. USAPA suffers from a severe credibility problem arguing the same point out of a different side of its mouth. USAPA has proven Judge Silver to be correct when she said, "the court has no doubt that-as USAPA's consistent practice-USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority."
Here's the interesting part. Many BPR members apparently now believe a 3(4)-way arbitration will proceed, but politically cannot make this decision. The BPR wants to continue their desperate attempt to maintain relevancy post SCC (to keep some power, FPL in place, and to not have to fly the line as much), for the Domicile Reps to obtain APA Domicile Rep positions post SCC (this is part of the UMTA and GA proposal), and keep the UEL's political power base in place. Furthermore, the UELs cannot make a hard decision and they do not want to take responsibility for a 3(4)-way arbitration to proceed. Instead the UEL's want judicial intervention and for APA to make the decisions for USAPA.
In conclusion, it appears we are at the end game and following the next moves AAG and APA will be able to say "checkmate."
Tomorrow will mark two weeks since USAPA presented the BPR's counter proposal (including a revised PA, UMTA, GA, and M-B lawsuit settlement) to APA. There has not been a peep from USAPA and it's my understanding that Gary Hummel, Jess Pauley, and other MC associates (members and advisors) may or may not know APA's response, but the BPR has not heard anything and has not been briefed on APA's response, if any
There are multiple reports from people with knowledge of USAPA's situation that AAG and APA will not permit a M-B arbitration to proceed that is not a 3(4)-way arbitration. And, I heard that USAPA's advisors told Gary Hummel and the MC that it's inevitable there will be a 3(4)-way arbitration, which is why USAPA apparently has heard anything so far from APA regarding USAPA's new proposals.
Now the parties are waiting from the federal court in D.C. to "Stay" the proceedings and order an arbitration, which would allow the court to punt. Once Arbitrator Bloch's expedited Opinion & Award is provided shortly after the June 15-17, 2014 arbitration then the federal judge in DCA would not have to hear USAPA's M-B lawsuit. Next the NMB can then authorize SCC with clarity, APA could create 3 labor autonomous MC's that are separately funded, AAG would be the fourth M-B arbitration party as authorized by the M-B statute/MOU, and we would have a F&E ISL arbitration.
In my opinion, USAPA's advisors know the union's legal opinion is unsupportable. USAPA cannot successfully argue in PHX federal court that a subset of a union cannot argue seniority in a SLI arbitration than take the opposite position in the next merger ISL arbitration. USAPA suffers from a severe credibility problem arguing the same point out of a different side of its mouth. USAPA has proven Judge Silver to be correct when she said, "the court has no doubt that-as USAPA's consistent practice-USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority."
Here's the interesting part. Many BPR members apparently now believe a 3(4)-way arbitration will proceed, but politically cannot make this decision. The BPR wants to continue their desperate attempt to maintain relevancy post SCC (to keep some power, FPL in place, and to not have to fly the line as much), for the Domicile Reps to obtain APA Domicile Rep positions post SCC (this is part of the UMTA and GA proposal), and keep the UEL's political power base in place. Furthermore, the UELs cannot make a hard decision and they do not want to take responsibility for a 3(4)-way arbitration to proceed. Instead the UEL's want judicial intervention and for APA to make the decisions for USAPA.
In conclusion, it appears we are at the end game and following the next moves AAG and APA will be able to say "checkmate."