nycbusdriver
Veteran
In whose eyes?
April/May 2013 Pilot Discussion
- Thread starter Falcon
- Start date
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In whose eyes?
Bill Brasky
Veteran
- May 15, 2008
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I guess I should have said "everyone should be equally pissed off".
PullUp
Veteran
- May 22, 2010
- 820
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Whatever is arbitrated by a M/B panel is it. No DFRs, no lawsuits. Airtight with no recourse.
IMO, this is why it won't proceed to arbitration, but will be negotiated - with one caveat: if the west is permitted to 'represent' the west class pilots, negotiations will be a waste of time and arbitration is assured.
But you know, the west will sue anyway because that's what they do.
Judge Silver knows the only way to put this thing to bed permanently is settlement where the west gives up their claim to the Nic (they already have in the MOU BTW, but fail to realize it). I think this is the reason the west is 'Nic or nothing' - because if they come off of that position, a 'wide range of reasonableness' opens up and USAPA wins.
To the extent plaintiffs claim that USAPA breaches its DFR if at any point in
negotiations with the APA, it proposes anything other than the Nicolau Award, then such
a claim is without merit because this Court has already ruled that “USAPA does not have
to accept the Nicolau Award as the only basis upon which to negotiate a fair seniority
agreement.” Tr. of May 14, 2013 Oral Argument on Plaintiffs’ Mot. for Preliminary
Injunction, 42:4-14. Counsel for the plaintiffs has likewise admitted there are other
seniority systems that are fair. Id. at 55:12-57:1.
negotiations with the APA, it proposes anything other than the Nicolau Award, then such
a claim is without merit because this Court has already ruled that “USAPA does not have
to accept the Nicolau Award as the only basis upon which to negotiate a fair seniority
agreement.” Tr. of May 14, 2013 Oral Argument on Plaintiffs’ Mot. for Preliminary
Injunction, 42:4-14. Counsel for the plaintiffs has likewise admitted there are other
seniority systems that are fair. Id. at 55:12-57:1.
OUCH!
because the Memorandum of Understanding . . . abandons the Nicolau Award without
a legitimate union purpose.” (Doc. 53, at 6) This version of plaintiffs’ DFR claim also
fails because, as this Court recognized, the MOU is: (1) “neutral” as to the Nicolau
Award; (2) sets forth a lawful process for reaching an integrated seniority list, and (3)
USAPA had an abundance of not merely legitimate but compelling reasons for adopting
the MOU and all of its substantial benefits. As explained more fully at the hearing and in
USAPA’s motion papers, the East Pilots made a significant economic sacrifice of the
change of control provision in their contract in order to bring the economic and other
benefits to the pilots as a whole including the West Pilots. If the MOU had attempted to
incorporate a specific seniority regime, it would have put at substantial risk the benefits
to be obtained from the time based opportunity and leverage the union gained in light of
the US Airways’ interest in securing a timely agreement. If a MOU had not been reached
because of delay or disagreement based on seniority, all US Airways pilots would have
suffered and perhaps permanently lost an opportunity to benefit all USAPA pilots if
negotiations were delayed until following a merger. Next thing you know they will want my PBGC check! Forgot they already do! MM!
a legitimate union purpose.” (Doc. 53, at 6) This version of plaintiffs’ DFR claim also
fails because, as this Court recognized, the MOU is: (1) “neutral” as to the Nicolau
Award; (2) sets forth a lawful process for reaching an integrated seniority list, and (3)
USAPA had an abundance of not merely legitimate but compelling reasons for adopting
the MOU and all of its substantial benefits. As explained more fully at the hearing and in
USAPA’s motion papers, the East Pilots made a significant economic sacrifice of the
change of control provision in their contract in order to bring the economic and other
benefits to the pilots as a whole including the West Pilots. If the MOU had attempted to
incorporate a specific seniority regime, it would have put at substantial risk the benefits
to be obtained from the time based opportunity and leverage the union gained in light of
the US Airways’ interest in securing a timely agreement. If a MOU had not been reached
because of delay or disagreement based on seniority, all US Airways pilots would have
suffered and perhaps permanently lost an opportunity to benefit all USAPA pilots if
negotiations were delayed until following a merger. Next thing you know they will want my PBGC check! Forgot they already do! MM!
snapthis
Veteran
- Dec 23, 2009
- 4,236
- 6,907
The company is also way out of bounds with Siegel.
The MOU is not a contract. Where did he get his law degree. Kmart?
The MOU clearly talks about how to get to a JCBA
It's not going to be DOH is all the west can say. If the NIC would of been reasonable slotting we wouldn't be here.
The MOU is not a contract. Where did he get his law degree. Kmart?
The MOU clearly talks about how to get to a JCBA
It's not going to be DOH is all the west can say. If the NIC would of been reasonable slotting we wouldn't be here.
nycbusdriver
Veteran
If the NIC would have been reasonable slotting, we'd be ALPA.
Hate2fly
Veteran
I have a feeling team Tempe would love to have this thing drag out for a long time. Bankruptcy MOU in full force until January 2019. That would be a gift for Doug. He loves the cheap labor on the benefits side of the agreement. Siegel and Harper have been working side by side for a long time. Looks like Silver is getting schooled in labor law. Lets see if she tries to pull a Wake. I am amazed that Silver let herself get pulled into this BS.
Hate
Hate
ALPA shill
You read your own marty and his daddy and 28j Jacob filings.
Snap dis "youse guys" is quoting the same army of lyingitas "legal experts" filings. Ever
since the 9th told Judge Wake to tear up the dfr 1 your legal team has been making fools of them selves.
Judge Silver is trying to mediate and give you one last chance, take or leave it.
You nailed it! Company relieved of any liability, the EAST relieved of Change of Control and Scope! Where are those Compass Correction Guys?
luvthe9
Veteran
- Aug 30, 2002
- 9,464
- 14,119
In hiding I would guess after the damage they have done to our pilot group by supporting the WRONG canidate.
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