2014 Pilot Discussion
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" I am so mad, USAPA kiss my a$$. .."..... cat 3 productions
Captain Hale, American Airlines views with jaundiced eye David Braid, Poncho Man, I Hate Youse Guys Man,
Tanya Beserkowitz, Susie " I brought my 7 kids to Parker Crew News, captain Steve Gay- " Here comes Capt Gay with a lecture disguised as a question" Tony Anger ITT Trash Talk, Brice Le Carre Cat3 Productions Cap'n Aux last of the Bush Pilots , Game of Thrones, Dire Wolves,Black Top Pests Back Bay Band, Tire Iron Capt Ed Meyer, Mark Peeper Planet USAPA, Goat Man David Schoppaul,where does the list end of strange west pilots?
Captain Hale, American Airlines views with jaundiced eye David Braid, Poncho Man, I Hate Youse Guys Man,
Tanya Beserkowitz, Susie " I brought my 7 kids to Parker Crew News, captain Steve Gay- " Here comes Capt Gay with a lecture disguised as a question" Tony Anger ITT Trash Talk, Brice Le Carre Cat3 Productions Cap'n Aux last of the Bush Pilots , Game of Thrones, Dire Wolves,Black Top Pests Back Bay Band, Tire Iron Capt Ed Meyer, Mark Peeper Planet USAPA, Goat Man David Schoppaul,where does the list end of strange west pilots?
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You stole my thunder. Thanks for wasting your time instead of me having to waste mine. CM does that to people.algflyr said:
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With Chip Munn, wanna be pilot, lawyer, financial expert.Claxon said:
nycbusdriver
Veteran
700UW said:
Kind of like that self-proclaimed "NMB expert" stores clerk who insisted that there was no way that USAPA would avoid using the Nicolau list. We don't hear much from him about that anymore, do we?
But we also remember that.
nycbusdriver
Veteran
700UW said:
Hmmm.
Ninth Circuit Court of Appeals and Federal District Judge Roslyn Silver vs. the ex-stores clerk.
Who's opinion might prevail on where the Nicolau stands?
Hmmm. That's a rough one.
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We have a MTA which both American and US Airways pilots operate under which is basically incorporating Green book in stages for US Airways pilots. The JCBA that you speak of is just what I would call a "cleanup" contract to distribute where the remaining financial commitment will go to from the company. The SLI is being litigated in the DC circuit. Chip Munn is going nuts. Nothing more here.
USA320Pilot
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[SIZE=10pt]I find it an interesting study in human behavior when people attack the messenger versus the message. It's somewhat juvenile that people hide behind their computer screens as Internet cowards who emotionally strike out at others because they fear the messenger's mesage, which the Internet cowards cannot dispute. [/SIZE]
[SIZE=10pt]It's so comical and even predictable on this site.[/SIZE]
[SIZE=10pt]Remember Judicial Estoppel = Pyrric Victory because USAPA's argument is unsupportable. Why?[/SIZE]
[SIZE=10pt]"In the practice of [/SIZE][SIZE=10pt]law, judicial estoppel (also known as estoppel by inconsistent positions) is an [/SIZE]estoppel which precludes a party from taking a position in a case which is contrary to a position they have taken in earlier legal proceedings. Although, in the United States, it is only a part of common law and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it."
[SIZE=10pt]In the Addington II DFR trial Pat Szymanski correctly argued against US Airways' Summary Judgment that a West MC could not be created without USAPA's consent because the RLA only permits the certified collective bargaining agent to negotiate on behalf of its members. Again, Szymanski is correct.[/SIZE]
[SIZE=10pt]Then unknowingly USAPA's UELs negotiated and ratified MOU paragraph 4, which permits a single carrier determination with APA becoming the likely union for the combined pilot groups before the M-B arbitration, if held, is complete. This action waived USAPA's rights to complete the M-B process because APA will likely become the combined pilots union before an ISL is delivered and per Judge Silver, "[/SIZE][SIZE=10pt] Once SCC happens, USAPA will no longer be entitled to participate in the seniority integration proceedings."[/SIZE]
[SIZE=10pt]Now USAPA wants to say that Szymanski's Summary Judgment argument only applies for the US Airways East v West pilot ISL and not the USAPA v APA list, but that's where USAPA has created its own Judicial Estoppel problem, which was predicted by Judge Silver. [/SIZE]
[SIZE=10pt]Silver said, "USAPA has succeeded here but it is a Pyrrhic victory. As contemplated by the MOU, in the very near future an election will take place and a new representative will be chosen by all of the post-merger pilots.13 It is almost certain USAPA will lose that election. Once that happens, USAPA will no longer be entitled to participate in the seniority integration proceedings. The Court has no doubt that–as is USAPA’s consistent practice–USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority. That is, having prevailed in convincing the Court that only certified representatives should participate in seniority discussions, once USAPA is no longer a certified representative, it will change its position and argue entities other than certified representatives should be allowed to participate. The Court’s patience with USAPA has run out."[/SIZE]
[SIZE=10pt]Now USAPA has created a situation where AAG and APA have countersued the union for bad faith negotiating, which is not good and has placed USAPA clearly in the cross-hairs with an argument it cannot support.[/SIZE]
[SIZE=10pt]In my opinion, once APA is the certified agent APA's BOD will create three APA MC's (APA, APA Legacy USAPA East MC, & APA Legacy USAPA West MC) as proposed by APA's draft PA and AAG's desire per the Company's Summary Judgment petition, Motion to Correct, Reply, and Counterclaim. Each MC will be antonymous, which will permit the APA Legacy USAPA West MC to introduce the Nicolau Award II as the US Airways pilot's starting point for the APA-USAPA ISL for the M-B 3-panel BOA to consider.[/SIZE]
[SIZE=10pt]It will be interesting to see if the M-B ISL BOA will agree with USAPA's idea the final and binding arbitration is not really final and binding or the M-B BOA will agree with George Nicolau and the West pilots that will permit the Nicolau Award II to be implemented. [/SIZE]
[SIZE=10pt]Thus, Judical Estoppel = Pyrrick Victory as predicted by Judge Silver. [/SIZE]
[SIZE=10pt]It's so comical and even predictable on this site.[/SIZE]
[SIZE=10pt]Remember Judicial Estoppel = Pyrric Victory because USAPA's argument is unsupportable. Why?[/SIZE]
[SIZE=10pt]"In the practice of [/SIZE][SIZE=10pt]law, judicial estoppel (also known as estoppel by inconsistent positions) is an [/SIZE]estoppel which precludes a party from taking a position in a case which is contrary to a position they have taken in earlier legal proceedings. Although, in the United States, it is only a part of common law and therefore not sharply defined, it is generally agreed that it can only be cited if the party in question successfully maintained its position in the earlier proceedings and benefited from it."
[SIZE=10pt]In the Addington II DFR trial Pat Szymanski correctly argued against US Airways' Summary Judgment that a West MC could not be created without USAPA's consent because the RLA only permits the certified collective bargaining agent to negotiate on behalf of its members. Again, Szymanski is correct.[/SIZE]
[SIZE=10pt]Then unknowingly USAPA's UELs negotiated and ratified MOU paragraph 4, which permits a single carrier determination with APA becoming the likely union for the combined pilot groups before the M-B arbitration, if held, is complete. This action waived USAPA's rights to complete the M-B process because APA will likely become the combined pilots union before an ISL is delivered and per Judge Silver, "[/SIZE][SIZE=10pt] Once SCC happens, USAPA will no longer be entitled to participate in the seniority integration proceedings."[/SIZE]
[SIZE=10pt]Now USAPA wants to say that Szymanski's Summary Judgment argument only applies for the US Airways East v West pilot ISL and not the USAPA v APA list, but that's where USAPA has created its own Judicial Estoppel problem, which was predicted by Judge Silver. [/SIZE]
[SIZE=10pt]Silver said, "USAPA has succeeded here but it is a Pyrrhic victory. As contemplated by the MOU, in the very near future an election will take place and a new representative will be chosen by all of the post-merger pilots.13 It is almost certain USAPA will lose that election. Once that happens, USAPA will no longer be entitled to participate in the seniority integration proceedings. The Court has no doubt that–as is USAPA’s consistent practice–USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority. That is, having prevailed in convincing the Court that only certified representatives should participate in seniority discussions, once USAPA is no longer a certified representative, it will change its position and argue entities other than certified representatives should be allowed to participate. The Court’s patience with USAPA has run out."[/SIZE]
[SIZE=10pt]Now USAPA has created a situation where AAG and APA have countersued the union for bad faith negotiating, which is not good and has placed USAPA clearly in the cross-hairs with an argument it cannot support.[/SIZE]
[SIZE=10pt]In my opinion, once APA is the certified agent APA's BOD will create three APA MC's (APA, APA Legacy USAPA East MC, & APA Legacy USAPA West MC) as proposed by APA's draft PA and AAG's desire per the Company's Summary Judgment petition, Motion to Correct, Reply, and Counterclaim. Each MC will be antonymous, which will permit the APA Legacy USAPA West MC to introduce the Nicolau Award II as the US Airways pilot's starting point for the APA-USAPA ISL for the M-B 3-panel BOA to consider.[/SIZE]
[SIZE=10pt]It will be interesting to see if the M-B ISL BOA will agree with USAPA's idea the final and binding arbitration is not really final and binding or the M-B BOA will agree with George Nicolau and the West pilots that will permit the Nicolau Award II to be implemented. [/SIZE]
[SIZE=10pt]Thus, Judical Estoppel = Pyrrick Victory as predicted by Judge Silver. [/SIZE]
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