April/May 2013 Pilot Discussion

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Oh look! Claxman has brought out the old Ansett video (again, and again, and again, and again, and again...). He must be getting REALLY DESPERATE. Hey, why don't you post some nonsense of drug running from over 30 years ago. Maybe some other 20+ year old news (that really isn't news any longer). Keep clicking those heels, Dorothy.
Scabbing and drug running the america west pilots have done should not be forgotten. The nic is getting to be six years old and will never happen, how long will you want this to be forgotten.
 
Harper and 28j Jacobs (Polsinelli Law Firm) idea of a compromise after The Honorable Judge Silver gave them one last chance

west Legal Argument
A. First Alternative: Order USAPA to use the Nicolau Award.

B. Second Alternative: Order USAPA to conduct a neutral arbitration
to determine whether to use the Nicolau Award or a date-of-hire list.

C. Additional Remedy: Award Plaintiffs attorneys’ fees and expenses
pursuant to common benefit doctrine
 
No injunction. No 3rd party status given. West does NOT come off the NIC. Ripe. Dismissed.

And I suspect tomorrow USAPA is going to look a whole lot better in front of the Judge than Marty and the "Nic or nothing" gang. That is because I KNOW the union is capable of compromise. They have a history early on.

But what do I really know? Nada. Despite my inside connections, the info lockdown seems to be tight. Guess I will have to wait like all of us to find out what went on today.

Greeter
Compromise? Really! So dispite the years of table pounding about the C&BL demand DOH. Dispite every communication from usapa is DOH. Dispite Paul DOH or death Music being elected.

Now with your contention that the court is about to put an end to the west, usapa is ready and capable of compromise form DOH.

Sure. This from a guy that started a union on a lie.
 
Harper and 28j Jacobs (Polsinelli Law Firm) idea of a compromise after The Honorable Judge Silver gave them one last chance

west Legal Argument
A. First Alternative: Order USAPA to use the Nicolau Award.

B. Second Alternative: Order USAPA to conduct a neutral arbitration
to determine whether to use the Nicolau Award or a date-of-hire list.

C. Additional Remedy: Award Plaintiffs attorneys’ fees and expenses
pursuant to common benefit doctrine

Smell that?? It reeks of desperation. Sorry Boo, but you don't matter.
 
I'm virtually certain that USAPA is going to tell the Judge, essentially to "piss off it's DOH". This is Ripe. Their choice is go to Arbitration via the MOU and risk sudden death, or take Silver's Injunction to the 9th and pray that "not yet" is good enough this time. You're right. The really Don't want this to end. They're hoping they can delay until some heretofore unseen saviour event will spare them the indignity of fairly representing the West pilots.

If USAPA won't back off DOH. and Silver figures out the obvious that Symanski's "clients" are really just the East pilots using West dues money to disregard their rights. I'd expect a pretty swift injunction.
A legal brief to a judge, by USAPA counsel, is not disrespectful or telling her to do anything. The Honorable Judge Silver requested legal information, USAPA counsel is a messenger that brought you the bad news.
 
Compromise? Really! So dispite the years of table pounding about the C&BL demand DOH. Dispite every communication from usapa is DOH. Dispite Paul DOH or death Music being elected.

Now with your contention that the court is about to put an end to the west, usapa is ready and capable of compromise form DOH.

Sure. This from a guy that started a union on a lie.
This has all been settled in a court of law sir, your frivolous DFR 2 law suit by the
Polsinelli Law Firm is a waste of our legal resources.

"IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
US Airways, Inc.,
Plaintiff,
vs.
Don Addington, et al.,
Defendants.
))))))))))
No. CV-10-01570-PHX-ROS
AMENDED JUDGMENT
(to add description of class)

Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”

DATED this 4th day of December, 2012."

The Honorable Judge Silver
 
Uhmm, your legal counsel said this...."we’re prepared to talk and we want to talk and we want genuine engagement from the West Pilots about the seniority proposal and we are prepared to make changes.”

It doesn't sound like DOH to me, but perhaps I'm misconstuing the quote,
As long as the changes lock the west pilots into PHX, they will be happy to make changes to the DOH proposal.
 
DFR 2 america west pilots Polsinelli Law Firm attorney Marty Harper being told by Judge Silver, Arizona District Court, do not tread on me.

THE COURT: What if I order it as I did before?
MR. HARPER: You know, they have been ordered to do
stuff in the past, Your Honor.
THE COURT: Well --
MR. HARPER: And that's the best I can tell you.
THE COURT: Do you want me to call in the United
States Marshals?
 
MR. HARPER: We're taking the position that they have
a duty to follow through with what they agreed -- ALPA agreed
to and Airways accepted back in 2007 which is the Nicolau.
That is our position, Your Honor. And we think that the union
has the duty to represent us, the minority, and not trump us
because they are the majority and put something else on the
table.
THE COURT: So, then, are you not, then, in violation
of the agreement or the Court's order? I made quite clear --
do I have to read the Court order to you, too, Mr. Harper?

MR. HARPER: I don't think -- I'm sure we're not in
violation because --
THE COURT: Well, I said they do not have to adopt
Nicolau. Okay?
 
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