2015 Pilot Discussion.

[53Cactusboy]

[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: (AUTHOR'S NAMES REDACTED)[/SIZE]

 

[53Cactusboy]

[SIZE=12pt]The Board shall retain jurisdiction[/SIZE][SIZE=12pt] in accordance with Section H. 5 .b. of the ALPA Merger Policy to resolve any disputes over the meaning or interpretation of this Award. This retention of jurisdiction shall terminate when all provisions of the Award have been satisfied. In the event the Chairman becomes unavailable or unwilling to serve to resolve such disputes, the Merger Committees will agree on a replacement Chairman or will select one by the alternate strike method from the most recent ALPA list of seniority integrations arbitrators.  In the event one of the Pilot Neutrals becomes unable or unwilling to serve on the Arbitration Board to resolve such disputes, the Chairman, after consultation with the Parties, shall decide how to proceed.  In any such arbitration, if there is a dispute between the methodology contained in the Award and the accompanying Integrated Seniority List or any other list purportedly using such methodology, the Seniority List prevails.[/SIZE]
 
[SIZE=12pt](NAME REDACTED), Mediator[/SIZE]

[SIZE=12pt]AWA/AAA Opinion & Award; May 07, 2007[/SIZE]

 

[53Cactusboy]

[SIZE=12pt]“Actually, it is USAPA that is needlessly delaying the resolution of the seniority dispute and jeopardizing the enforceability of the agreement the parties are able to reach. …….The arbitrator’s decision was to be final and binding on both pilot groups and was to be accepted by the Company so long as certain conditions were met.  The Nicolau Award has resulted in four years of litigation including a trial in federal court and jury verdict fining USAPA’s proposal for a non-Nicolau list to constitute an unlawful breach of the union’s duty of fair representation….”[/SIZE]
 
[SIZE=12pt](NAME REDACTED); Vice President – Legal Affairs and Chief Compliance Officer[/SIZE]

[SIZE=12pt]Exhibit 1 of  Declaration of Counsel; Case 13-15000, 02/20/2013[/SIZE]

 

[53Cactusboy]

[SIZE=12pt]The (NAME REDACTED) on the subject of contract continuity:[/SIZE]
 

"When there is an agreement in effect between a carrier and its employees signed by one set of representatives and employees choose new representatives who are certified by the Board, the Board has taken the position that a change in representation does NOT ALTER OR CANCEL ANY EXISTING AGREEMENT made on behalf of the employees by the previous representatives.  The only effect of a certification by the Board is that the employees have chosen other agents to represent them in dealing with the management under the existing agreement”

 

[53Cactusboy]

[SIZE=12pt]Apparently someone complained that I used his real name in one of my posts.  Since I had refrained from calling anyone by their guessed name, BUT had quoted a statement from articles & court/mediation dicta.  I’ll de-identify all authors of the FACTUAL posts just in case they are on these web boards as well (including respected arbitrators, US District Court Judges, company VP’s, etc.)[/SIZE]
[SIZE=12pt]Here’s the warning from the forum’s web-mom:[/SIZE]
 
[SIZE=13.5pt]Warning Details[/SIZE]
[SIZE=12pt]Warning issued by Eagle for Other in Unknown.
Given 2 points.
Suspended for 100 days[/SIZE]
[SIZE=12pt]You have been warned previously that using another user's name without their permission is against board rules. Since then, you have done it at least twice. Your account is being suspended for 10 days. Further violations may lead to the elimination of your account.[/SIZE]
 
[SIZE=12pt]My 100 days were up on June 15th.  I guess the moderators forgot.  [/SIZE]
 
[SIZE=12pt]About 3 weeks to go kids....[/SIZE]
 
 
[SIZE=12pt]Cactusboy53/53Cactusboy[/SIZE]

 
 

 

[Walmartgreeter]

For the love of Pete. Enough of the legal arguments.

The West Committee already admitted there was no legal right to the Nic, and that they were asking for it out of fairness.

It's over, the Arbs will either gift it to the West....or not.

Guess Cactusboy disagrees with his own committee, which includes one of his elected reps.

He is so giddy to be out of the cornfield he ignored the current lay of the land. Actually he has not had a clue for years.

 

[luvthe9]

Hey flounder........WyeRiver




"Yes, the East offered the NIC. They just wanted to protect their retirement attrition, which stalled by the change in Age-60. Looking back, that offer must look like a home run to any West pilot right now,"

 

[53Cactusboy]

For the love of Pete. Enough of the legal arguments.  The West Committee already admitted there was no legal right to the Nic, and that they were asking for it out of fairness.

It's over, the Arbs will either gift it to the West....or not.

Guess Cactusboy disagrees with his own committee, which includes one of his elected reps.

He is so giddy to be out of the cornfield he ignored the current lay of the land. Actually he has not had a clue for years.

 
[SIZE=12pt]On June 19, 2015, the (NAME REDACTED)[/SIZE]Merger Committee (“[SIZE=12pt](NAME REDACTED)[/SIZE]”) filed its Prehearing Brief in this Seniority List Integration (“SLI”) arbitration, expecting to begin hearings 10 days later.  The [SIZE=12pt](NAME REDACTED)[/SIZE] Proposal in that Brief called for the creation of a hybrid status and category/longevity integrated seniority list (“ISL”) modeled in the same manner as the list created by the panel in the [SIZE=12pt](NAME REDACTED)[/SIZE] SLI arbitration after first integrating the [SIZE=12pt](NAME REDACTED)[/SIZE] and [SIZE=12pt](NAME REDACTED)[/SIZE] seniority lists in the manner established by the Award of Arbitrator [SIZE=12pt](NAME REDACTED)[/SIZE] in the [SIZE=12pt](NAME REDACTED)[/SIZE] SLI arbitration (the “[SIZE=12pt](NAME REDACTED)[/SIZE] Award”).
 
[SIZE=12pt](NAME REDACTED) – September 19, 2015[/SIZE]

 

[53Cactusboy]

"Throughout Part I of the Brief, we discuss the Ninth Circuit’s unequivocal endorsement of the principles the West Pilots have been advancing since 2007; namely, that the Nicolau Award was the product of a fair process agreed to by the America West and US Airways pilots, and USAPA’s abandonment of the Award was nothing more than a naked power grab designed to advance an SLI position Arbitrator Nicolau rejected in breach of its duty of fair representation."

 

[luvthe9]

"Our former MEC and our union leadership played a very high stakes game of poker by not dealing at Wye River. Freund was right, we were risking everything…..and right now, it looks like we lost. They need to take responsibility for that."

 

[53Cactusboy]

"Our former MEC and our union leadership played a very high stakes game of poker by not dealing at Wye River. Freund was right, we were risking everything…..and right now, it looks like we lost. They need to take responsibility for that."

 
Hmmmmmm....a 10 year old quote from U-Turn.  That really must trump court rulings, judicial dicta, admonishments from VP's of the company & rulings from esteemed arbitrators.  I'm sure it'll be just fine.

 

[MUTATIS MUTANDIS]

For the love of Pete. Enough of the legal arguments.
The West Committee already admitted there was no legal right to the Nic, and that they were asking for it out of fairness.
It's over, the Arbs will either gift it to the West....or not.
Guess Cactusboy disagrees with his own committee, which includes one of his elected reps.
He is so giddy to be out of the cornfield he ignored the current lay of the land. Actually he has not had a clue for years.

Hilarious unequivocally endorse? Really? Their own committee said " No legal reason " despite the ninth, click those heels Dorthy53!

 

[MUTATIS MUTANDIS]

I endorse, good luck with that!

 

[EastUS1]

[SIZE=13.5pt]Warning Details[/SIZE]
[SIZE=12pt]Warning issued by Eagle for Other in Unknown.
Given 2 points.
Suspended for 100 days[/SIZE]

[SIZE=12pt]My 100 days were up on June 15th.  I guess the moderators forgot. [/SIZE]

 
Arrrgh!...The almost unimaginable angst and utter distress that must've caused "you'se" is difficult to even conceive of, and who could even dare imagine any people anywhere so easily forgetting your sort?   "The horror, the horror!"....I'd suggest you commence another series of fruitless lawsuits immediately! I mean, from your own proud postings: "This is Sparta!" after all, and none should ever dare so cavalierly, completely and easily forget about the likes of you...Right?
 
P.S. Any update on your "cap'n aux" finally coming out of the closet with a new video as an "heroically" transgendered "Mother of Dragons" yet?

 

[EastUS1]

And the Wonder Boy recently was giving a speech... He said the airline industry will never again lose money!

 
Whew! "He said the airline industry will never again lose money!" Seriously? Words just fail me sometimes...