April/May 2013 Pilot Discussion

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Appeals are NOT automatic. The court has to allow it, and the Appeals court has to accept it. Marty didn't get spanked alone, all the westies did, with their "Nic or nothing" attitude. And more is on the way.

I want to see how Marty tries to spin this so that he can get his cash. It's getting awful hard to see any way he can pull off even a minor victory.

This is a loit closer to being over than you think.
You need to read up on appeals and what kinds. Interlocutory appeals are NOT appeals by right. These are appeals that are allowed for the the district court judge and the appeals court has discretionary review. One the case is completed and final judgment is entered then either or both parties can appeal and is what is known as appeal by right. In short, the appeals court must accept the appeal if the deadlines are ,et.
 
Same here, know him well and do wish him the best, I just want somebody that is going to watch out for us not management. Just my opinion.

Ya, kinda makes ya wonder what our lawyer was doing negotiating with AOL on arbitration regarding the nic....where and how and when was any of these presented to the BPR or the pilots for approval for going down this course? Realy???
 
USAPA will represent all US Airways pilots in the M/B process until there is a final product. I have to go fly, but will walk you through it later.

Greeter
How long did ALPA represent us airways pilots after the NMB declared usapa the bargaining agent?

That is how long usapa will hang around and represent anyone after the APA is certified.
 
Creating a third union to attend MB on behalf of the West...

I gotta hand it to Judge Silver. First she is a mediator handing out homework assignments. And she is asking each side to find her justification to transform herself into the NMB in order to certify a new union. Even if everyone in the court room agreed to do that, would the decision be free and clear, or would such a decision open up risks?
You mean like a union deciding what is fair and ignoring arbitration? Someone going off the reservation.

Like placing a union on dangerous ground by ignoring an arbitration.
 
You mean like a union deciding what is fair and ignoring arbitration? Someone going off the reservation.

Well then; you had best sound the "spartan" war trumpets, gather up whatever "knights" you can find moping around, and valiantly sally forth to round up all the loose indians immediately! Rotsa' ruck wit' 'dat...as well as with your upcoming meet-and-greet/beg-for-yet-more-money, of course. :) I'd love to see an honest transcript of that. One can only imagine it to be along these lines: "Fellow heros of AWA!....Mighty Spartans all! We've endured in our righteous quest for over six years now, without so much as an ounce of sanity ever being seen at any of our meetings! Not so much as any court anywhere has provided us with any standing ruling supporting our collective fantasies, but have instead all noted that the nic needn't be it....BUT, my fellow spartans/knights/dire wolves and even wizards...WE of the mighty army of AOL know this all to be false! Oh beloved faithful of the prophet; Our hearts are pure, our Integrity Matters T-shirts freshly laundered, the dire wolves fed, and our just cause of wanting to see newhires placed above even those with 17 years worked remains unassailable! Umm....Pay no attention to that man behind the curtain! The Great and Powerful OZAol has the situation well in hand! We'll now pass the hat. Provide our sacred ministry with proof that you truly, from the very depths of your hearts, worship St. nic, without the slightest thought or question, and love the cactus! Dig deep into your wallets! :) In closing? Cue the cheerleaders in with a rousing round of GO Spartans! ;)
 
Dude, have some compassion. Poor guy is not well. Give him a day or two before you jump down his throat. I know Gary, he's an upright guy, no matter what you think.

He's as entitled to privacy as anyone else. I hope he gets well soon and comes back to the helm.

I don't think that any Union guy on FPL worries about currency. They do have to be an active pilot, meaning not on LTD, though.

I would have to check, but did USAPA include a currency requirement in their C&B-Ls for union officials? I know currency was never a requirement for ALPA pilots on FPL, and the membership had fits the day the Negotiating Chair showed up to give a briefing at a general meeting sporting a full beard. That's one reason with USAPA we see a lot of videos with the national officers in uniform.
 
I would have to check, but did USAPA include a currency requirement in their C&B-Ls for union officials? I know currency was never a requirement for ALPA pilots on FPL, and the membership had fits the day the Negotiating Chair showed up to give a briefing at a general meeting sporting a full beard. That's one reason with USAPA we see a lot of videos with the national officers in uniform.
There is no currency requirement that I have found.
 
I would have to check, but did USAPA include a currency requirement in their C&B-Ls for union officials? I know currency was never a requirement for ALPA pilots on FPL, and the membership had fits the day the Negotiating Chair showed up to give a briefing at a general meeting sporting a full beard. That's one reason with USAPA we see a lot of videos with the national officers in uniform.
That is the reason we required the officers wear uniforms at meetings.
 
You need to read up on appeals and what kinds. Interlocutory appeals are NOT appeals by right. These are appeals that are allowed for the the district court judge and the appeals court has discretionary review. One the case is completed and final judgment is entered then either or both parties can appeal and is what is known as appeal by right. In short, the appeals court must accept the appeal if the deadlines are ,et.
Thanks. Good info. I am not aware that appeals for not getting an injunction is an appeal by right, but I'm not a lawyer, don't pretend to be one, and didn'r even stay at a Holiday Inn last night. I guess I could have worded that better and done more research. Thanks for the clarification.
 
Can't believe you legal scholars missed the best quote of the entire hearing...

MR. SZYMANSKI: And, Your Honor, I'm not saying that
the Nicolau Award is not fair although there were significant
problems with it, and I'm not saying that a date-of-hire
proposal is not fair.

…

MR. SZYMANSKI: We haven't had any discussions
because they don't want to discuss anything other than the
Nicolau Award and I don't want the Court to misunderstand the
fact that doing the Nicolau Award itself as it is, as it
stands, is a realistic possibility. It isn't. It just -- it
isn't.

But we are willing to say --

THE COURT: Why isn't it?

MR. SZYMANSKI: Because we think it was unfair.
 
Thanks. Good info. I am not aware that appeals for not getting an injunction is an appeal by right, but I'm not a lawyer, don't pretend to be one, and didn'r even stay at a Holiday Inn last night. I guess I could have worded that better and done more research. Thanks for the clarification.
No big deal. It's just that the court system, just like many factions in life, like our airlines, have intricate sops. In fact, it is very difficult to get an interlocutory appeal. Although the Judge COULD ask the appeals court for interpretation. It's been done before.
 
Heading to the MB arbitrators, it would be great to hear the three esteemed arbiters discuss the validity and merit of their predecessor's seniority decision. I wonder how critical they would be of George? Hmmmm. LOL

:D
 
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