2015 Pilot Discussion.

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US Airways MEC Presentation to ALPA Executive Council May 21, 2007

In view of the analysis set forth above, we believe the following quotation from Captain Jim Brucias Opinion at p. 3 is apt and accurate:
"As a consequence of the Boards decision, America West pilot Odell, who was hired less than 2 months before the merger was announced, has been placed immediately senior to US Airways pilot Colello who was hired more than 16 years earlier and who had over 16 years of credited length of service. I disagree with this placement, which disregards Colellos substantial service time.


"The Board did not adequately take into account the realities of the new airline, the return of furloughees that has already taken place and the much greater rate of age-based attrition at US Airways as compared to the rate at America West. The vast amount of age related attrition that has occurred within the US Airways pilot group caused the recall of over 300 US Airways pilots between March 2006 and the first week of January of this year. The pace of recalls is brisk and has continued. During the hearings we learned that additional recalls were taking place and there was testimony that stated at the current pace it was possible that all US Airways pilots would receive recall notices before the end of 2007."


Will the final SLI alter the Colello/ ODell ratio? That 16 years of time Dean had served will hopefully be taken into account over new hire ODell.
Your thoughts CB53, NoNic4 US? Resjudicata, NoMove2CLT, Cactuspilot1 et al????
 
Claxon said:
Will the final SLI alter the Colello/ ODell ratio? That 16 years of time Dean had served will hopefully be taken into account over new hire ODell.
Your thoughts CB53, NoNic4 US? Resjudicata, NoMove2CLT, Cactuspilot1 et al????




Can't wait to see how that one plays out.
 
Pi brat said:
Said the guy that is constantly posting old, irrelevant legal quotes. Amazing.
The difference being that your quoting me & other posters here (being mere airline pilots), where I post legal opinion, dicta, rulings & expert testimony that is a matter of permanent & public record.

Oops...I went over your head again, didn't I?
 
cactusboy53 said:
The difference being that your quoting me & other posters here (being mere airline pilots), where I post legal opinion, dicta, rulings & expert testimony that is a matter of permanent & public record.
Oops...I went over your head again, didn't I?
No, you missed the irrelevant part.
 
Pi brat said:
No, you missed the irrelevant part.
 
I was about to address that very same thing. Poor cactusboy sounds a lot like some troubled grade school child pretending towards personal knowledge and, umm..."intelligence" solely by way of crying "But, but, our teacher/lawyer TOLD us!"  Perhaps best for universal amusement would be to indulge his fantasy of going "over your head again", just to see what he'll produce next. ;)
 
Hey boy, here is some relevant, expert opinion that is located in a public document. YOUR expert!
 
"In fact, when the US Airways and America West pilots were still
represented by ALPA, the West Pilots, represented by Mr. Freund, sought to
avoid judicial review of the Nicolau Award by asserting it was not an arbitration
award subject to review and created no enforceable seniority rights. In an action
brought by the US Airways ALPA Master Executive Council in the District ofColumbia 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.
 
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” that
governed the seniority rights of US Airways pilots. But none of that litigation
alters the fact that the list constructed by Arbitrator Nicolau for ALPA created no
enforceable seniority rights and never existed as part of the Railway Labor Act
status quo for US Airways pilots."
 
I can help you find that, if you need it.
 
Or my personal favorite, relevant statement by west experts, in a publicly available document:
 
"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."
 
EastUS1 said:
 
I was about to address that very same thing. Poor cactusboy sounds a lot like some troubled grade school child pretending towards personal knowledge and, umm..."intelligence" solely by way of crying "But, but, our teacher/lawyer TOLD us!"  Perhaps best for universal amusement would be to indulge his fantasy of going "over your head again", just to see what he'll produce next. ;)
Sounds like something...
 
cactusboy53 said:
The difference being that your quoting me & other posters here (being mere airline pilots), where I post legal opinion, dicta, rulings & expert testimony that is a matter of permanent & public record.
Oops...I went over your head again, didn't I?

Simply clueless. I wonder Wye.
 
cactusboy53 said:
Me too. Get the poporn ready. Who knows? Maybe you'll accept the list this time and honor your agreement. .. yea, that could happen.
A NICless list, sure...........are you?
 
Pi brat said:
Or my personal favorite, relevant statement by west experts, in a publicly available document:
 
"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."
Cherry-pickin' 101. Classic. Keep reading the passage that the esteemed Mr. Freund crafted. Then you MAY understand the delivered message (but I doubt it).
 
cactusboy53 said:
What am confident of is that the USAPA-faithful will rally a fight of "it's not fair!". Oh wait...some already have. Color me surprised.
Is that like how the west will whine about "it's not fair" no NIC...


We can smell the desperation out here........you hang in there Dorothy.
 
cactusboy53 said:
Cherry-pickin' 101. Classic. Keep reading the passage that the esteemed Mr. Freund crafted. Then you MAY understand the delivered message (but I doubt it).

Still clueless..........tell us again about the list on Parkers desk.....
 
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