April/May 2013 Pilot Discussion

[Phoenix]

Thanks for your irrelevant thought! 😀

"USAPA contends, inter alia, that the district court never had jurisdiction because the West Pilots’ claim is not ripe. We agree."

Never had jurisdiction. Jury verdict irrelevant. When the case becomes ripe it will be judged on the outcome and the circumstances that at exist at that future time. 🙂

 

[cleardirect]

"USAPA contends, inter alia, that the district court never had jurisdiction because the West Pilots’ claim is not ripe. We agree."

Never had jurisdiction. Jury verdict irrelevant. When the case becomes ripe it will be judged on the outcome and the circumstances that at exist at that future time. 🙂

Welcome to the future! Stop living in the past.

The time is now.

 

[Claxon]

Welcome to the future! Stop living in the past.

The time is now.

The poster mentioned previous case law and you told him to stop living in the past.

The legal system in this country believes that case law is a very important part.

Sarcasm;

Cleardirectsteve: Your honor, the opposing party is stating case law, I say stop living in the past!

IMHO comment,

In a less civilized forum, I would have told you that you made an ass out of yourself with your post quoted above, but I choose not to go there at this time and place.

http://legal-diction...ry.com/Case Law

 

[Metroyet]

AMR just took a big fat steamer on USTUPID. Turns out AMR confirms the MOU IS A JCBA...JUST LIKE THE TITLE SAYS!

T.A. complete.

Shocking. USAPA is going to be ripped to shreds shortly.

 

[Claxon]

AMR just took a big fat steamer on USTUPID. Turns out AMR confirms the MOU IS A JCBA...JUST LIKE THE TITLE SAYS!

T.A. complete.

Shocking. USAPA is going to be ripped to shreds shortly.

The AMR court of appeals, never heard of it. I hope the East pilots at least insist they pass a polygraph test to ensure their honesty.

 

[prechilill]

AMR just took a big fat steamer on USTUPID. Turns out AMR confirms the MOU IS A JCBA...JUST LIKE THE TITLE SAYS!

T.A. complete.

Shocking. USAPA is going to be ripped to shreds shortly.

Shhhhhhh! Don't tell Greeter, he'll flip!

 

[Claxon]

The AMR court of appeals, never heard of it. I hope the East pilots at least insist they pass a polygraph test to ensure their honesty.

Everyone gets a turn, good night.

 

[snapthis]

"USAPA, however, continues to delay the process of resolving the internal US Airways pilot seniority integration dispute (a resolution that obviously would
facilitate the process of merging the American and US Airways pilot seniority lists). It now claims, not only that this dispute is not currently ripe, but that it will not become ripe for years — until the operational integration of the airlines is otherwise completed and the parties have finished the JCBA process.
That is not tenable."
That is a quote from Doc 57.

How is USAPA going to spin the fact the folks at AA are growing impatient with the delay game they have played with West pilots?

They need to quit cowering in the dugout and play ball.

More from Doc 57:

Attorneys for Intervenors
AMR Corporation and American Airlines, Inc.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don ADDINGTON; John BOSTIC; Mark
BURMAN; Afshin IRANPOUR; Roger
VELEZ; Steve WARGOCKI; Michael J.
SOHA; Rodney Albert BRACKIN; and
George MALIGA, on behalf of themselves
and all similarly situated former America
West pilots,
Plaintiffs,
vs.
US AIRLINE PILOTS ASS’N, an
unincorporated association; and US
AIRWAYS, INC., a Delaware Corporation,
Defendants.
Case No. CV-13-00471-PHX-ROS
Judge Roslyn O. Silver
MEMORANDUM OF LAW IN SUPPORT OF
AMR CORPORATION AND AMERICAN AIRLINES, INC.’S
APPLICATION TO INTERVENE
AND BRIEF OF INTERVENOR

As explained above, American’s interest in any injunctive relief the Court may enter is exceedingly narrow. It extends only to the potential risk that an Order from this Court might inadvertently prevent USAPA from complying with its contractual obligations under the MOU to resolve the merger-related integration process on the agreed-upon schedule, or give USAPA the choice either to begin that process using the Nicolau list or wait until this litigation is concluded.

If the Court concludes that injunctive relief is warranted, it should be careful to avoid any language in its Order that might provide an arguable basis for USAPA to delay the MOU process or renounce its bargained-for responsibilities. Language consistent with the proposed injunctive relief sought by Plaintiffs would, in American’s view, be adequate to protect its interests in this
regard. See Plaintiffs’ Proposed Order, Doc. 53-1.

III. THIS DISPUTE IS RIPE

American agrees with the arguments made by US Airways with respect to the ripeness issue. It writes separately here merely to emphasize the unique harm that will be done to American should there be any delay in considering the merits of that dispute.

 

[3dtv]

As you wish sir. If you want the scab list, please feel free to let me know.

http://www.youtube.com/watch?feature=player_embedded&v=JgANbh81-8A

Fat AND ugly.

 

[luvthe9]

You can't help yourself, can you LtJG? Go back to read only as your time here is short. You'll have plenty to do with your XBox and lots of time to accomplish your dog fight fantasies.

Get me some Bojangles Junebug!

 

[end_of_alpa]

The American intervenors simply LIE:

"....American takes no position on the underlying merits of this litigation, the possibility exists that injunctive relief entered here in favor of Plaintiffs (should they prevail) could interfere with the obligations of all parties to the merger process (including Defendant US Airline Pilots Association (“USAPA”)) to proceed with that process on a timetable and on conditions memorialized in a four-party Memorandum of Understanding currently under consideration for approval by the bankruptcy court as part of that court's jurisdiction over American's reorganization."

Yet they COLLUDE with the Posinelli (sans Shugart, looks like their own lawfirm is limiting the risk of malpractice lawsuit) law firm:

"It bears repeating: American takes no position on the merits of this case or even, for the most part, the relief the Court might consider should Plaintiffs prevail. Moreover, discussions with Plaintiffs’ counsel have yielded proposed language granting injunctive relief that would, if entered as suggested, leave USAPA and the other parties to the merger seniority integration process free to comply with their contractual obligations."

AMR intervenors take no sides. RIGHT:

"Language consistent with the proposed injunctive relief sought by Plaintiffs would, in American’s view, be adequate to protect its interests in this regard. See Plaintiffs’ Proposed Order, Doc. 53-1."

 

[prechilill]

The American intervenors simply LIE:

"....American takes no position on the underlying merits of this litigation, the possibility exists that injunctive relief entered here in favor of Plaintiffs (should they prevail) could interfere with the obligations of all parties to the merger process (including Defendant US Airline Pilots Association (“USAPA”)) to proceed with that process on a timetable and on conditions memorialized in a four-party Memorandum of Understanding currently under consideration for approval by the bankruptcy court as part of that court's jurisdiction over American's reorganization."

Yet they COLLUDE with the Posinelli (sans Shugart, looks like their own lawfirm is limiting the risk of malpractice lawsuit) law firm:

"It bears repeating: American takes no position on the merits of this case or even, for the most part, the relief the Court might consider should Plaintiffs prevail. Moreover, discussions with Plaintiffs’ counsel have yielded proposed language granting injunctive relief that would, if entered as suggested, leave USAPA and the other parties to the merger seniority integration process free to comply with their contractual obligations."

AMR intervenors take no sides. RIGHT:

"Language consistent with the proposed injunctive relief sought by Plaintiffs would, in American’s view, be adequate to protect its interests in this regard. See Plaintiffs’ Proposed Order, Doc. 53-1."

Nice post Jamie- you're figuring it out. How's that headwind feel?

 

[Claxon]

Nice post Jamie- you're figuring it out. How's that headwind feel?

USS USAPA always turns into the wind before launching for decisive victories. Incoming Leonidas!

 

[nycbusdriver]

Prater should have told everyone nothing happens until everyone is back in JNC. I suspect if he had done that, the usapa vote may have failed. There is something to be said for being straight up and letting the chips fall where they may.

We would have all had enough respect for each other to get through it that way.

Once USAPA had submitted the cards and the NMB started the balloting, if Prater had kept his and his minions mouths shut and stayed "hands off," we would still be ALPA. Prater's big fat mouth and ALPA's scorched earth campaign ensured the fence-sitters would kick them to the gutter.

 

[Crzipilot]

The problem I see here, is AMR is trying to redefine what a higher court stated in their opinion of ripeness. AMR has a slightly biased look at things, as they could careless on seniority as long as it doesn't interfere with their millions waiting to be dumped into their pockets.

Their filing sounds nice and all, but I believe Judge Silver is going to have to take the esteemed opinions of these lawyers (with no real vested interest, ya right) and compare them to what the higher court stated and laid down as to the requirements to meet the ripeness test.

What was it that the 9th stated about ripeness?