2015 Pilot Discussion.

[MUTATIS MUTANDIS]

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.

I think that link will come with a discount movie ticket to sully!

 

[cactusboy53]

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

 
Hey CHERRY PICKER.... you forgot the REST OF THE STORY....
 
Nonetheless, as an equitable matter—and this proceeding is at heart an equitable one—the East Committee is wrong to assert that using the Nicolau Award as the starting point for the integration would deny the East pilots their “true” seniority equities.  What the foregoing demonstrates is that for the past nine years, the East pilots did not exercise “true seniority equities” that they owned outright, but rather that they exercised seniority rights in an East-only list that always remained—up until USAPA’s final unlawful act in negotiating the MOU—subject to divestment upon the achievement of a JCBA. 
 
In other words, after Arbitrator Nicolau settled the equities between East and West pilots arising out of the US Airways-America West merger through a contractually binding and final arbitral process, the East pilots no longer had “true seniority equities” in the operation of an East-only seniority list that were independent from the Transition Agreement and the Nicolau Award; rather, the East pilots were exercising seniority by virtue of an unlawful course of conduct by USAPA on their behalf that has robbed West pilots of their rightful career expectations established in 2007 through the processes established through the Transition Agreement, ALPA Merger Policy, and the ISL contained in the Nicolau Award.

 

[MUTATIS MUTANDIS]

Notwithstanding the long history of litigation between West Pilots and USAPA concerning the Nicolau Award, no court ordered implementation of the Nicolau Award ISL. The June 2015 decision of the Ninth Circuit Court of Appeals did not do so, as the court of appeals acknowledged, “ecause a good faith attempt to implement the Nicolau Award would have ultimately required a ratification vote by all the pilots, and we cannot know what the results of such a vote would have been, we can never be certain whether efforts to implement the Nicolau Award through a collective bargaining agreement with US Airways would

 

[MUTATIS MUTANDIS]

Keep clicking Dorthy!

 

[MUTATIS MUTANDIS]

23/
During his testimony for the West Committee, Capt. Steinman conceded that West Pilot representatives rejected any effort at compromise concerning the Nicolau Award even when ALPA was representative of US Airways pilots. The America West ALPA MEC went so far as to pass a resolution forbidding its representatives from entertaining any compromise of the Nicolau Award at the Wye River settlement conference organized by ALPA. Tr. 4118 (Steinman).

 

[MUTATIS MUTANDIS]

. 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”

. Cherry pick that!

 

[end_of_alpa]

Hey CHERRY PICKER.... you forgot the REST OF THE STORY....
 
[font=times new roman']Nonetheless, as an equitable matterand[/font] [font=times new roman']this proceeding is at heart an equitable onethe East Committee is wrong to assert that using the Nicolau Award as the starting point for the integration would deny the East pilots their true seniority equities.  What the foregoing demonstrates is that for the past nine years, the East pilots did not exercise true seniority equities that they owned outright, but rather that they exercised seniority rights in an East-only list that always remainedup until USAPAs final unlawful act in negotiating the MOUsubject to divestment upon the achievement of a JCBA.  [/font]
 
[font=times new roman']In other words, after Arbitrator Nicolau settled the equities between East and West pilots arising out of the US Airways-America West merger through a contractually binding and final arbitral process, the East pilots no longer had true seniority equities in the operation of an East-only seniority list that were independent from the Transition Agreement and the Nicolau Award; rather, the East pilots were exercising seniority by virtue of an unlawful course of conduct by USAPA on their behalf that has robbed West pilots of their rightful career expectations established in 2007 through the processes established through the Transition Agreement, ALPA Merger Policy, Sonic 1200 the ISL contained in the Nicolau Award.[/font]

You need bigger letters.

 

[end_of_alpa]

Does any one know when Susie E. Is going to be committed to be terminated or at least committed to a mental institution?

 

[MUTATIS MUTANDIS]

Does any one know when Susie E. Is going to be committed to be terminated or at least committed to a mental institution?

. I know your just kiddin and it was funny, but hey, they have been in there own " MUCK" not that anybody else has not but the all about me generation is alive and well!

 

[luvthe9]

Keep clicking Dorthy!

............there's no place like PHX....

 

[luvthe9]

23/
During his testimony for the West Committee, Capt. Steinman conceded that West Pilot representatives rejected any effort at compromise concerning the Nicolau Award even when ALPA was representative of US Airways pilots. The America West ALPA MEC went so far as to pass a resolution forbidding its representatives from entertaining any compromise of the Nicolau Award at the Wye River settlement conference organized by ALPA. Tr. 4118 (Steinman).

That was strike two in STL..............is that a lie Dorothy?

 

[luvthe9]

. I know your just kiddin and it was funny, but hey, they have been in there own " MUCK" not that anybody else has not but the all about me generation is alive and well!

Hey, they did it to themselves, and yet don't want to take responsibility it.

 

[A320 Driver]

It's good this came out during the arbitration. The West has practiced their version of victimization very effectively in the courts and ultimately won themselves a judgement in the 9th, EVEN THOUGH it was the company and NOT USAPA negotiators that wanted 10H, so as not to hold up the merger.
 
If and when the NIC is lost, we will see West's stand on "final and binding"...

 

[FL430]

It's good this came out during the arbitration. The West has practiced their version of victimization very effectively in the courts and ultimately won themselves a judgement in the 9th, EVEN THOUGH it was the company and NOT USAPA negotiators that wanted 10H, so as not to hold up the merger.
 
If and when the NIC is lost, we will see West's stand on "final and binding"...

Question is; will west file suit again and stagnate even further in the fishbowl or learn nothing from the last decade of litigation only to repeat same again. They have plenty of money that Marty is chomping at the bit for acess to. This time the event that might overtake them is Dougs patience; they might just actually be sold to Mesa.

 

[MUTATIS MUTANDIS]

Question is; will west file suit again and stagnate even further in the fishbowl or learn nothing from the last decade of litigation only to repeat same again. They have plenty of money that Marty is chomping at the bit for acess to. This time the event that might overtake them is Dougs patience; they might just actually be sold to Mesa.

my guess you do not know about the filings against their money grab!