The only warped cause here is USAPA.
April/May 2013 Pilot Discussion
- Thread starter Falcon
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The only warped cause here is USAPA.
Sad the General has to resort to retorts like that.
Yes in fact, Black Swan and the rest of the East US Airways pilots were the ones that brought a change in alpa merger policy. They told alpa to take a hike, just like the American pilots.
Keep spinning, the Honorable Judge Silver will dismiss your amateur pilot lawyers feeble attempt at jurisprudence.
The only way west pilots will ever be able to come East is the way you did, accept recall from furlough.
Res Judicata
Veteran
Here. Have a Tampax. While you fumble with opening it through tear-blurred-vision, I will quote to you the Words of your former Grand Poohbah and Scab Lunatic in Chief, One Michael Cleary..."the courts HAVE NEVER SET ASIDE an arbitrated seniority award"
That's how binding final and binding is...it's NEVER been undone. Changing identities is pointless.
The west pilot pilot lawyers clerking for Marty Harper and Andy Jacobs, got their ever loving, living cheeks kicked by The Honorable Judge Rosenblatt on April 9th. The west, major airline pilot and lawyer wanna bees, thought they had one over on USAPA professional attorney's and filed for "Motion for Entry of Default Judgment."
Here is the highlight of the spanking moments, link follows so you can use this in your law class for how not to write a legal brief.
"Having reviewed the motion,
the Court finds that it should be summarily denied."
"First, the motion is procedurally improper."
"There is a two-step procedure
under Fed.R.Civ.P. 55 for obtaining a default judgment that the plaintiffs have inexplicably failed to follow."
"Although the plaintiffs state that The Court deems USAPA’s response to the plaintiffs’ motion to transfer, which it filed on April 5, 2013, to have been timely filed since the Court would have granted it an extension until April 22, 2013 to file its response.
the declaration of their counsel filed with their motion “establishes the procedural
elements required by Fed.R.Civ.P. 55(2)[,]” the declaration does nothing to
establish that the plaintiffs have complied with Rule 55(a), nor does anything else
in the record."
"IT IS FURTHER ORDERED that all future documents filed in this action
must be captioned according to the party capitalization requirement of LRCiv
7.1(a)(3) (“Party names must be capitalized using proper upper and lower case."
http://leonidas.cact...oc_37_Order.pdf
Here is the highlight of the spanking moments, link follows so you can use this in your law class for how not to write a legal brief.
"Having reviewed the motion,
the Court finds that it should be summarily denied."
"First, the motion is procedurally improper."
"There is a two-step procedure
under Fed.R.Civ.P. 55 for obtaining a default judgment that the plaintiffs have inexplicably failed to follow."
"Although the plaintiffs state that The Court deems USAPA’s response to the plaintiffs’ motion to transfer, which it filed on April 5, 2013, to have been timely filed since the Court would have granted it an extension until April 22, 2013 to file its response.
the declaration of their counsel filed with their motion “establishes the procedural
elements required by Fed.R.Civ.P. 55(2)[,]” the declaration does nothing to
establish that the plaintiffs have complied with Rule 55(a), nor does anything else
in the record."
"IT IS FURTHER ORDERED that all future documents filed in this action
must be captioned according to the party capitalization requirement of LRCiv
7.1(a)(3) (“Party names must be capitalized using proper upper and lower case."
http://leonidas.cact...oc_37_Order.pdf
Hardly. Field the post you conveniently overlooked, if "youse" are up to anything more than replicating the drooling, simian gruntings of your fellow "spartans", ie: "Here. Have a Tampax."..or more devastingly briliiant variations on "cupcake" and/or "Ha!"
Advocating for, and pursuing a sane and decent course of action's never a loss, even should such a supposed "loss" occur. Not all the coins ever minted, nor any possible, personal gains from eschewing natural law and personal morality have real value. On the other hand: Positioning one's self against all evolved and natural law's never a win for any aspect of supposed civilization...or even individual, over time.
So's not to overtax you: Take argument against just this line alone: Positioning one's self against all evolved and natural law's never a win for any aspect of supposed civilization...or even individual, over time....?
west attorneys',
"Barely more than half of the West Pilots with positions on the Nicolau Award list
participated in the MOU ratification vote. Only about 2/3 of the members of the putative
West Pilot Class participated. Even if the MOU were an overt vote on whether to
abandon the Nicolau Award (which it was not), this subgroup of West Pilots cannot
consent to abandonment of the Nicolau Award for the entire West Pilot Class. The Court should find, therefore, that even if USAPA were not estopped from making such a defense, the MOU ratification vote could not, and did not, release USAPA from its duty to implement the Nicolau Award."
My sarcasm follows,
Marty and Andy show. >><You see your JuDgeNess, youse guys should know, DEfeNenDents won in the 9th circuit by a only 2 to 3 margin. Only half of appelants voted and 2/3 of them did too and only 1/2 were barely estoppled. This was only a minority of the majority of the minority bullied by the tyranny of the majority. Judge wake and a jury of 12 divided by barely..,,,,,,,,,,./////????. Please allow us attorney fees, small bills please>>>>>>>
http://leonidas.cact...Mot_Dismiss.pdf
"Barely more than half of the West Pilots with positions on the Nicolau Award list
participated in the MOU ratification vote. Only about 2/3 of the members of the putative
West Pilot Class participated. Even if the MOU were an overt vote on whether to
abandon the Nicolau Award (which it was not), this subgroup of West Pilots cannot
consent to abandonment of the Nicolau Award for the entire West Pilot Class. The Court should find, therefore, that even if USAPA were not estopped from making such a defense, the MOU ratification vote could not, and did not, release USAPA from its duty to implement the Nicolau Award."
My sarcasm follows,
Marty and Andy show. >><You see your JuDgeNess, youse guys should know, DEfeNenDents won in the 9th circuit by a only 2 to 3 margin. Only half of appelants voted and 2/3 of them did too and only 1/2 were barely estoppled. This was only a minority of the majority of the minority bullied by the tyranny of the majority. Judge wake and a jury of 12 divided by barely..,,,,,,,,,,./////????. Please allow us attorney fees, small bills please>>>>>>>
http://leonidas.cact...Mot_Dismiss.pdf
Ah, but the merits have changed. Every legacy airline merger since the Nic fiasco has used a differing merger policy and a total of three arbitrators as a result of Nic's mess. BECAUSE OF NIC'S MESS! Good old Nic has been basically unemployed since as well. Taken together with the fact that Delta / Northwest and United / Continental pilots will not gamble on the use of a singular arbitrator and re-written merger policies. What can one surmise from the results of Nic's mess? Come on Metro - even you are not that stupid.
Nothing sad about it - it's the truth. Hi there move!
How is it that you happen to have a tampax? Are you that chick in the youtube video in the desert that proudly proclaims to " NEVER PAY DUES TO USAPA"! How has that been working out for you? Are you still having troubles with that polygraph test? And how long have you been waiting for that " final and binding thingy"? And I will call Mike for you and have him revise his prior quote to "the courts have never set aside an arbitrated seniority award UNTILL NOW". How's that sweetie? SCAB
- May 8, 2007
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At the time Cleary wrote that, he was under the misinterpretation of the law at that time. The courts HAVE set aside arbitrations under very limited circumstances. However, as discussed for ever here, the term "final and binding" is ALPA's merger policy between two (or more) MEC's. It is their merger policy and cannot ever bind the rank and file without an affirmation of a vote. If anyone in the world wishes to put the blame on anyone, it should be focused on both the ALPA reps AND, repeat....AND the company to negotiating and unenforceable contract provision....ie, a promise unrequited.
I said it. AwFOL and the rest of us are finding out the hard way and we know you guys hate us. You'll always hate us. AWA pilots are full of hate and we'll just have to live with it. Res Judicata and Dave (Cactusboy53) will always hate you and their future AwFOL reunions in years to come will carry that message on. Unfortunately What George Nicolau did for the commercial airline industry was to start a process that will continue to diminish the profession on behalf of corporations everywhere.
Wait until that big profit in the sky is paying our new management in spades. We will NEVER see our pay rates equate with Delta, United and SWA. In fact, our new "growth" after the merger will put those three into a competative down slide that their employees are not going to like. What until all the US Airways pilots are on green book in two years.
"Adapt and GO". Slang for "you'll take it and shove it".
- May 8, 2007
- 3,146
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Man, no sooner did I post this retort than this just came out! The party starts in Dallas shortly. http://www.dallasnews.com/business/columnists/mitchell-schnurman/20130504-us-airways-breezy-winning-style-is-coming-to-texas.ece
- May 8, 2007
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Question for West pilots: "Why is ALPA not a party to the lawsuits"?
(Like is was with the TWA pilots).
I won't get an answer.
(Like is was with the TWA pilots).
I won't get an answer.
cactusboy53
Veteran
- May 9, 2007
- 2,649
- 7,407
Here's your answer:
Chapter 1: ALPA moderated the process within the confines of its merger policy section 45. The process was followed completely and without fault. ALPA then delivered the list to CEO Doug Parker, where upon it was accepted.
Chapter 2:
- AAA MEC pulled out of the joint negotiations talks with AWA & the new company.
- Stephen Bradford & the down by the river gang fired up a card drive to start up a new union. The primary purpose of this action was to evade the Nicolau Seniority Arbitration at any and all costs (sub-titled: We hate ALPA).
- New "union" USAPA is voted in by a couple of hundred votes.
Happy Sunday Jamie! It's going to be an interesting month of May.
CB
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