You had your chance west, your nic or nothing attitude gave you nothing. The Court and USAPA requested many times for the west pilots to talk about it, you chose not to. One main reason you are in such terrible legal position today, your law firm wanted damages, you compromising with the East pilots would not have been very lucrative for them. You legal team was motivated at first by greed, now only trying desperately to break even.
You can bring a goat to water, but you can not make him drink.
"October 12, 2012
Captain John Scherff
USAPA Phoenix Domicile Chairman
Dear John,
Given the decision issued by Judge Silver late yesterday, our Union needs to decide where to go on this issue in negotiations with US Airways. I would very much prefer to do that with your participation and agreement instead of continuing the division that has prevailed for so long.
Simply put, are you prepared to discuss and propose any seniority integration other than the NIC on behalf of the Phoenix based pilots? It seems appropriate for me to make this request directly to you as the Phoenix Domicile Chairman.
I make this as a serious request. We all recognize that our pilot group has so far been unable to bridge our internal differences regarding the best way to address our collective seniority concerns. Every pilot knows that it is our collective failure to find a resolution to this issue that prevents us from moving forward. This division on this issue is a major reason for our pilots having gone for so long without any wage increase and why they continue to fall farther behind the industry standard. I believe it is our responsibility as elected Union leaders to find a way to resolve this issue for the good of all of our pilots. The need to find common ground on this issue is even more important given the possibility of a merger between US Airways and American and a possible seniority integration proceeding with the Allied Pilots Association. We will be better able to protect our collective interests if we are working together.
I hope for a prompt affirmative response. We owe the pilots we represent a serious and responsible effort to resolve this issue.
In solidarity,
Gary Hummel, President"
Judge Silver
April 17th, 2013
"Finally, the Court notes that Plaintiffs have already accused USAPA of operating in
bad faith. (Doc. 19). Having handled the previous litigation, the Court is well-aware of the importance of the issues in this case and the unfortunate level of antagonism between the parties. That antagonism, however, will not be permitted to spillover into this litigation.Going forward, the parties must make sincere efforts to reach agreement where possible and to accommodate reasonable requests by the opposing party."
You make it so east to prove just how wrong you are. You bold the order that says no antagonism and that judge Silver expects cooperation.
Usapa filed 43 separate exhibits clogging the court with worthless filings. The company entered zero. The west pilots had just a few. It was usapa that whined about the term west pilots. We have been certified twice and will again. Antagonizing the court with multiple worthless filings is what she was talking about. Most of those filings have nothing to do with the case. Most of those filings will be tossed as irrelevant but the court will have to waste time dealing with them.
Lastly from doc 76 the joint scheduling filing.
All of the parties met by conference call on two occasions to see if they could agree on one suggested agenda. Such an agreement turned out not to be possible, so the agenda agreed to by the West Pilots and Airways is set forth below.
Which party would not cooperate? The west pilots and the company could agree. Usapa not at all.
A. West Pilots and US Airways
The West Pilots and US Airways included time in their proposed schedule to deal with the Application to Intervene, Doc. 56, as representatives from American may appear at the hearing and ask to be heard. Plaintiffs and US Airways have no opposition to allowing American and/or Airline Pilots Association ("APA), who Plaintiffs recently moved to join, Doc. 58, if they appear and want to weigh in on the issue of ripeness.
B. USAPA
Defendant USAPA believes that it is premature to address the status of American Airlines because notwithstanding American Airlines’ notice of the pendency of this case and motion for a preliminary injunction since at least March 28, 2013, the motion to intervene was not filed until May 7 and, under the rules of this Court, no response is due until May 24, 2013. USAPA has advised Plaintiffs that it objects to Plaintiffs’ use of the term “West Pilots” to describe themselves as no class has been certified.
The company and the west pilots agree that AMR should be part of the hearing. Which party refuses to cooperate and has a problem with AMR being part of the proceeding?
You only prove how clueless you are when you mis read or misunderstand orders.
It is usapa that is refusing to cooperate. I hope that judge Silver explains to usapa in a very painful way when parties ignore her orders.
