2015 Pilot Discussion.

[cactusboy53]

[SIZE=12pt]Freund:   Okay.  And would it be fair to say that in looking at this slide, if one were to take the American pilots out, what we would see would be Rick Brown's substituted judgment as the new George Nicolau with respect to the relationship between the East pilots and the West pilots?[/SIZE]
 

[SIZE=12pt]Rick Brown SLI cross-examination                                                                      January 06, 2016[/SIZE]

 

[cactusboy53]

[SIZE=12pt]The Ninth Circuit’s holding, that the denial of the Nicolau Award in Paragraph 10.h. of the MOU breached USAPA’s duty of fair representation, is effectively the tie-breaker on this question.  With the Ninth Circuit’s affirmation of the West Pilots’ reasonable expectation of the Nicolau Award, the AASPIC acknowledges it as the starting point for ranking the East and West Pilots on the ISL. As part of the ISL, the US Airways Pilots (East and West) should be ordered based on the Nicola Award……the job allocations as between the West and East Pilots must be rationalized according to the Nicolau Award as those pilots compete for jobs with each other for the first time, so that West Pilots achieve their expectations vis a vis the East Pilots.[/SIZE]

[SIZE=12pt]AAPSIC Pre-Hearing Statement                                                               19 Sept 2015[/SIZE]

 

[cactusboy53]

[SIZE=12pt]“….This means that the new East Pilots Merger Committee will have to decide whether it is, in face, subject to the injunction….But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award.  Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions.  The new committee members and their counsel must decide, at their substancial peril, whether they are subject to the injunction…”[/SIZE]
 
[SIZE=12pt]Roslyn O. Silver                                                                                                       22 September 2015[/SIZE]

[SIZE=12pt]Senior United States District Judge[/SIZE]

 

[cactusboy53]

[SIZE=12pt]“…The Arbitration Board conducts an evidentiary hearing, with witnesses, evidence and a stenographic transcript. The Board’s Opinion and Award are to be issued simultaneously, within 150 days following the PID, unless both pilot groups and ALPA’s President agree to an extension. The Merger Policy provides, “The Award of the Arbitration Board shall be final and binding on all parties to the arbitration and shall be defended by ALPA.” No ALPA seniority integration arbitration result has ever been set aside by the courts although some dissatisfied pilots have challenged the award before administrative agencies and the courts.”[/SIZE]
[SIZE=12pt]US Airwaves June/July 2000[/SIZE]
[SIZE=12pt]US Air Merger Committee Members: NAME REDACTED FOR CRYBABIES (PIT), NAME REDACTED FOR CRYBABIES[/SIZE] (BOS),[SIZE=12pt]NAME REDACTED FOR CRYBABIES[/SIZE] (PIT)

 

[cactusboy53]

[SIZE=12pt]US Court of Appeals for the Ninth Circuit                                                                       26 June 2015[/SIZE]
 

[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation.  USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty.  Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation, and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award..”[/SIZE]
 
USAPA....."PULLING OUT IS WHAT WE DO BEST".

 

[EastUS1]

 
[SIZE=24pt]arbitration[/SIZE]
[SIZE=12pt]Also found in: [/SIZE][SIZE=12pt]Dictionary[/SIZE][SIZE=12pt], [/SIZE][SIZE=12pt]Thesaurus[/SIZE][SIZE=12pt], [/SIZE][SIZE=12pt]Medical[/SIZE][SIZE=12pt], [/SIZE][SIZE=12pt]Financial[/SIZE][SIZE=12pt], [/SIZE][SIZE=12pt]Encyclopedia[/SIZE][SIZE=12pt], [/SIZE][SIZE=12pt]Wikipedia[/SIZE][SIZE=12pt]. [/SIZE]
 
[SIZE=12pt]........[/SIZE]

 
Most impressive.
 

"vil·lage id·i·ot


noun
archaic

noun: village idiot; plural noun: village idiots

1. 
   
   
   
   
   a person of very low intelligence resident and well known in a village."
    
   Hmmm, while the above addresses the immediate plural; might one wonder as to the proper terminology for a whole pack of such? For a family of lions, we have the term Pride. For geese in squadron strength we have Gaggle. For a group of whales there is Pod. What might be the proper address for a whole contingent of fools?...Perhaps an "Army" of "Leonidas" consisting of purely self-styled "spartans"?
    
    
    
    
    
    
   
   
   
   
   

 

[cactusboy53]

 
 
Most impressive.
 

"vil·lage id·i·ot


noun
archaic

noun: village idiot; plural noun: village idiots

1. 
   
   
   
   
   a person of very low intelligence resident and well known in a village."
    
   Hmmm, while the above addresses the immediate plural; might one wonder as to the proper terminology for a whole pack of such? For a family of lions, we have the term Pride. For geese in squadron strength we have Gaggle. For a group of whales there is Pod. What might be the proper address for a whole contingent of fools?...Perhaps an "Army" of "Leonidas" consisting of purely self-styled "spartans"?
    
    
    
    
    
    
   
   
   
   
   

 

Well....you term me a "village idiot" for quoting dictionary passages and court rulings, expert testimony & dicta.  When a group of village idiots can prove that they were damaged in a DFR lawsuit and get funds back that were used against them illegally.... are they really village idiots? 
 
Name calling is the LOWEST form of verbal debate my friend.  It tells me that between the two of us, you likely have the lower IQ.  I know I'm not the smartest guy in the room, but I do know how to research and quote entire passages rather than "cherry picking" the one or two sentences that make your point.
 
Hey Trader... how did that numerical sequence go with regard to challenges, posting, etc....?

 

[EastUS1]

Well....you term me a "village idiot" for quoting dictionary passages and court rulings, expert testimony & dicta.  .....

 
Don't take it so personally. I equally assigned the notion to "you'se" entire "Army". Should I now be extra-especially impressed with your amazing ability to actually cut-and-paste search results for even a single word's definition?
 
"Name calling is the LOWEST form of verbal debate my friend." Fair enough, so what sort of "verbal debate" can one have with merely cut-and-paste nonsense?  Kindly post whenever/if ever the miracle happens that some bolt-from-above strikes so as to afford you at least some semblance of original, or at least personal "thought" you might wish to someday share with us all.
 
Hint: "This is Sparta!"/"It's going to be epic!"/"[SIZE=12pt]it's gonna be interesting"/[/SIZE]etc fails to qualify as even thought, much less debate.

 

[EastUS1]

.....
Hey Trader... how did that numerical sequence go with regard to challenges, posting, etc....?

 
 
P.S. We've all known for years what a loving little cub/adoring cheerleader for the west against his own people that individual is. You needn't have so rudely and obviously "outed" him at this point.

 

[MUTATIS MUTANDIS]

The West Committee understands that, despite the Ninth Circuit’s decision regarding USAPA’s conduct in negotiating the MOU, there is no legal argument to be made that the Nicolau Award is now binding in this SLI proceeding as a consequence of the terms of the America West-US Airways Transition Agreement CB 53 let us try "these words for tomorrow "despite " and "understands " ! Pg 53 west post hearing brief!

. CB53 This was a post hearing brief, like after all those arguments you put up! From your attorney! Today's words ,despite and understands!

 

[Pi brat]

Cb,

How much money have you guys actually received so far?

 

[Phoenix]

CB, any day now the BOA will publish a little link to their decision that will make meaningless everything you just vomited.

Calm down. Get a grip on yourself, bro.

 

[luvthe9]

. CB53 This was a post hearing brief, like after all those arguments you put up! From your attorney! Today's words ,despite and understands!

He does not understand anything and never has .............I have never seen such desperation from an individual, what he has led his pilot group into has been absolutely devastating to their careers, the boy does not care, his head still buried in the sand.



Yes, they did not listen to their own attorneys along with Dave Blomgren, what a big mistake.

 

[MUTATIS MUTANDIS]

The Ninth Circuit’s holding, that the denial of the Nicolau Award in Paragraph 10.h. of the MOU breached USAPA’s duty of fair representation, is effectively the tie-breaker on this question.  With the Ninth Circuit’s affirmation of the West Pilots’ reasonable expectation of the Nicolau Award, the AASPIC acknowledges it as the starting point for ranking the East and West Pilots on the ISL. As part of the ISL, the US Airways Pilots (East and West) should be ordered based on the Nicola Award……the job allocations as between the West and East Pilots must be rationalized according to the Nicolau Award as those pilots compete for jobs with each other for the first time, so that West Pilots achieve their expectations vis a vis the East Pilots.

AAPSIC Pre-Hearing Statement                                                               19 Sept 2015

. reasons why the Nicolau Award was an improper basis for integrating the pilots groups, none of which had anything to do with the West pilots’ DFR claim against USAPA. As already noted, the Ninth Circuit dismissed the plaintiffs’ claim under McCaskill-Bond, so the decision cannot be used for interpretation of McCaskill- Bond’s requirements. Consistent with the position asserted by AAPSIC on June 19, 2015, it remains true that “the Nicolau Award has never been implemented or governed seniority” and the Ninth Circuit did not order that remedy. Indeed, it is illogical for the AAPSIC to assert that it is using the Nicolau Award ISL to integrate East and West pilots because of the Ninth Circuit decision when the East Pilot Committee has not been required either by the USDC for the District of Arizona, on remand from the Ninth Circuit, or this Arbitration Board to use the Nicolau Award as part of its proposal.

 

[MUTATIS MUTANDIS]

Sure.  If you say it's so...then it must be true (not really).  Would you care for some truth?  Here you go:
 
[sub-note 40: Not only does the Wye River meeting confirm that the East pilots understood the force of the Nicolau Award, it confirms that they were willing to live under it.  By the terms of their proposal, the list would be operative immediately upon execution of a JCBA but with restrictions for seven additional years.  (The East pilots’ Wye River proposal contemplated that a JCBA would be ratified by June 2008, which was a reasonable assumption given the state of negotiations, including the Kirby proposal.  See West R. Ex. C (East Wye River Proposal) 22.)  Had the East’s Wye River Proposal been in effect, the Nicolau list would have been the list to be used in this proceeding without question and the carryover restrictions of the East pilots’ Wye River Proposal would have dropped within months of the effective date of the Award in this case…]
 
Court testimony and dicta vs. your sad little diatribe, aged videos, and quotes from U-turd.  I hope you won't mind if I hang my hat on the former.  Hang on Claxy...it's gonna be interesting. 

. Columbia Superior Court against the America West ALPA MEC to review the Nicolau Award, the America West MEC removed the case to the United States District Court for the District of Columbia. In its removal notice, the America West MEC asserted that the petition to review the award in fact stated a claim against ALPA for breach of the duty of fair representation:
the “arbitration award” Plaintiffs purportedly seek to “vacate” is in actuality the proposed pilot seniority list developed through ALPA’s Merger Policy that ALPA will adopt as its bargaining position to be presented to the Company, but which (like a union bargaining position on any matter) the Company is not required to accept.
...
Plaintiffs’ Application to “vacate” an “arbitration award” that does not establish any enforceable seniority rights in a collective bargaining agreement with the Company, but which merely sets out ALPA’s bargaining position to be presented to the Company, is not a state law claim at all but rather an artfully pled federal claim for breach of the duty of fair representation.
East 047, at 3-4 (AWA MEC Notice of Removal, Doc. 1, Case No. 1:07-cv- 01309-EGS)(emphasis added).20/
It was only years later that West Pilots changed their position and asserted that the Nicolau Award was the product of “final and binding arbitration”