Call your lawyer and have him file with the court today that you believe she has overstepped her authority and threaten her with the NMB.
No really please. Do it today. Tell the judge she is wrong. Make the call to the NMB and have them intervene.
Don't talk about it do it.
I'd like to see them send Judge Silver more USAPA press releases so Pat gets more time explaining them in the hotseat. I really enjoyed watching him squirm.
Testimony:
MR. SZYMANSKI: I would like to be heard on the
ripeness at some point, Your Honor.
THE COURT: That's next. We're talking about the motion to dismiss here and what my brief analysis of your motion is. There are other issues you raise in the motion to
dismiss and that is the next point here and that's something that I can talk to the West Pilots about and so we can save
some time.
So let me ask the West Pilots about this issue.So let me ask the West Pilots about this issue. Just so everybody knows, there are a number of allegations about what happened post my order and I think everybody understood what my order stated, which is that I would look at anything subsequent to my order to determine whether or not there was a violation of the duty of fair representation. And, you know, I have, in a very synoptic fashion,
set forth some of the things that have troubled me and some of them, Mr. Syzmanski, are what appear to be allegations to what you said which would perhaps -- perhaps can be explained but
they seem contrary, as I have indicated, to what you set forth in Court which indicated quite clear told me and you were very candid and I thought we're fine. We're going to go forward, have another seniority agreement and the Nicolau Award would be at least considered. And then we have these allegations about what has
been said since that time and also noted what is in a press release which is by USAPA which says USAPA will propose date-of-hire integration in accordance with USAPA's constitution at the outset of the McCaskill-Bond process.The parties exchange accurate information, et cetera. Based upon this information, the pilot groups attempt to negotiate a mutually agreeable merger, merged seniority list and that the Merger Committee will proposed DOH method of integrating
seniority.So it seems to me that something must have changed and that USAPA now claims that the findings that were made in
the Nicolau Award are really no longer applicable, that that is not something that you're going to the table with.
And that I haven't seen in any of the papers that I've received from USAPA that would explain what happened in the interim after you appeared in Court and indicated to me unequivocally that certainly it can be a part of our consideration, certainly we have a basis upon which to go forward and certainly you understand the ruling of the Court which is I am going to look prospectively, not retrospectively,
because that was what I had to do. That's what I was told to do by the Ninth Circuit.
So, okay. Now, tell me. MR. SZYMANSKI: So, Your Honor, first of all, I
think -- I thought that it was clear when we argued about the declaratory judgment action that USAPA's position was that the
Nicolau Award was not its obligation and it did not plan to go ahead and propose the Nicolau Award or follow the Nicolau
Award.
THE COURT: You said that, I believe --
MR. SZYMANSKI: Transcript from the argument?
THE COURT: Yes. You're prepared to talk. We want to talk and we will want genuine engagement with the West Pilots about the seniority proposal and we are proposed to make changes. No changes.
MR. SZYMANSKI: Changes in the date-of-hire proposal, not changes in the Nicolau proposal.
THE COURT: Well, you never said that. If you had said that in open Court, then we would have had a hearing at that time because the issue was what I made quite clear is that you had to go forward. USAPA had to go forward and with an open mind and that the Nicolau Award was not irrelevant. It was to be considered.
