April/May 2013 Pilot Discussion

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She's not done yet. I think she is giving the parties one last chance to compromise and then she will do what she is legally obligated to do.

Yup. Hope for a compromise, and, if not, dismiss due to lack of ripeness. That's what she's legally obligated to do, and she knows it. And she knows the Ninth is watching.

USAPA should present DOH with C&Rs to her court on May 21. The C&Rs with no bump, no flush are the compromise from straight DOH.
 
Silver understands usapa is the core problem, in a sense the company is required to deal with terrorists and that is a difficult position to be in. It will be interesting to see your lawyers come off DOH- just like Nicolau urged you to do. Isn't that interesting!!!!

You really are nuts. I can't believe you are really posting here today after what you have written. At least the rest have the sense to stay away.
 
You really are nuts. I can't believe you are really posting here today after what you have written. At least the rest have the sense to stay away.

I forgot- you are a child progidy not only in aviation but in law because you totally saw this coming.
 
Your an idiot

That would be you're as in you are.

It's very clear that Judge Silver is frustrated with both sides. She made it clear she gave on order to compromise off DOH and the NIC.

I'm saying if it's not the Nic, then we will present something other than the Nic which protects the interests of our pilot group. The ones based in Phoenix.
 
I know years ago, I tried to make this point. I was dismissed as some dingy dock worker and no one or no attorney associated with ILWU could possibly understand labor law as it might pertain to pilots.

Welcome back. Always said you understood the complexity of this issue better than anyone.
We missed your input.
 
The case is definitely ripe, otherwise it would have been dismissed. Siegel made an eloquent argument that this case is ripe against USAPA as well.

So you are assuming it is ripe because she didn't dismiss it? I wouldn't be so fast to make that assumption. Did you read her questions...


"If the Court were to find West Pilots’ claim ripe, the motion to dismiss might

be granted with leave to amend to allow West Pilots to add factual allegations

regarding USAPA’s allegedly wrongful conduct, some of which appear to be

in the evidence attached to West Pilots’ motion for preliminary injunction.

What additional factual allegations are necessary for West Pilots to state a

plausible claim for relief?"


Do you not understand why she gave the plaintiff the opportunity to provide additional factual allegations to establish a plausible claim for relief? Without factual allegations the plaintiff doesn't have a plausible claim, and without a plausible claim she can't give the plaintiff and injunction, which is the request of this hearing. You will notice in USAPA's motion to dismiss there are many points where they assert the plaintiff makes conclusory allegations and presents them as fact (which in my opinion is accurate).

Don't assume that her questions are meant to enlighten herself. They may be more important for helping the plaintiff and the defendant understand the limits that she has to rule within, so they can consider the value of coming to a settlement. Risk based planning. Reasonable people will be thinking this through carefully.
 
That would be you're as in you are.

It's very clear that Judge Silver is frustrated with both sides. She made it clear she gave on order to compromise off DOH and the NIC.

I'm saying if it's not the Nic, then we will present something other than the Nic which protects the interests of our pilot group. The ones based in Phoenix.
The westies have been approached for a compromise more than once, the most notable time being Wye River. It is they who refuse to compromise, not the East. They even refused to participate in the construction of the C&Rs, which eventually were constructed and give virtually all protections to the westies, and almost nothing to the East side.

She can request a compromise all she wants, and I hope she gets it, but it is the "Nic or nothing" attitude that has to change. The westies will lose it all if they don't, Just like your ALPA lawyer Freund said before you fired him.
 
That would be you're as in you are.

It's very clear that Judge Silver is frustrated with both sides. She made it clear she gave on order to compromise off DOH and the NIC.

I'm saying if it's not the Nic, then we will present something other than the Nic which protects the interests of our pilot group. The ones based in Phoenix.
Insist on the PHX base protection, you will be happy. Your attitude is what The Honorable Judge Silver was trying to protect you from, you will loose if you keep that arrogant stance.
 
Snap,
Silver can't tell a union how to bargain. She is in a bad spot like your boy Wake was in. USAPA is mandated to use DOH with C&R'S.

Hate

Well, if that's USAPA's starting/final position, then they/you just guaranteed making her unhappy and arbitration with the American guys and gals.

Bean
 
That would be you're as in you are.

It's very clear that Judge Silver is frustrated with both sides. She made it clear she gave on order to compromise off DOH and the NIC.

I'm saying if it's not the Nic, then we will present something other than the Nic which protects the interests of our pilot group. The ones based in Phoenix.


That's great, go protect those 2003 and 2004 newhires
 
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