August 2013 Pilot Discussion

[Res Judicata]

Judge Silver should not be obsessed about making rulings to regain her own happiness. Judge Wake obsessed about his own happiness and it proved to be a colossal waste of time and money.

History has shown it was two Judges at the 9th circuit that have wasted all the time and money. They were dumb enough to believe USAPA was capable of sane, rational behavior.

 

[Phoenix]

History has shown it was two Judges at the 9th circuit that have wasted all the time and money. They were dumb enough to believe USAPA was capable of sane, rational behavior.

Yes, they were the dumb ones. It took judge Silver to write your claim, but even she wasn't smart enough to articulate the harm...

Perhaps then you could start by articulating the injury in fact that you suffer... It would have been helpful years ago but now is never too late... 😀

 

[MUTATIS MUTANDIS]

History has shown it was two Judges at the 9th circuit that have wasted all the time and money. They were dumb enough to believe USAPA was capable of sane, rational behavior.

“... the vintage of history is forever repeating same old vines, same old wines!” , Now when do those same 9th circuit judges hear the DJ?

 

[snapthis]

“... the vintage of history is forever repeating same old vines, same old wines!” , Now when do those same 9th circuit judges hear the DJ?

Take it to the 9th. Meanwhile, you get put in a box and the merger continues. Maybe you can have the APA appeal. Good luck

Fact #3: Leonidas Update - October 12, 2012
Yesterday, Judge Silver issued her final ruling on the Company’s Declaratory Action. You can read the order here. Judge Silver did incorporate one addition requested by West Pilots’ attorney Marty Harper:
“Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so.” (Doc. 193, p.7, line 14.)
USAPA must have missed that in their update today.
What she did lay out in plain language is that USAPA’s freedom to negotiate is limited by their duty to fairly represent the West. The significant part of the order is the connection made between USAPA’s DFR and the Nicolau:
“Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so. By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized. An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.”. (Doc. 193, p.7.)
(extract)
Link: http://leonidas.cactuspilots.us/index.php?view=article&id=224:leonidas-update-october-12-
2012&format=pdf

Fact #4: Key Statements from Judge Roslyn Silver’s Declaratory Judgement Court Order – October 11, 2012
 "Having reviewed all of the filings and considered the arguments made by counsel at the oral argument, the Court concludes Defendant US Airline Pilots Association (“USAPA”) is free to pursue any seniority position it wishes during the collective bargaining negotiations. But with that freedom comes risk because the West Pilot Defendants may have viable legal claims in the future should the collective bargaining agreement contain a seniority provision harmful to a subsection of the union. As for US Airways, it must negotiate with USAPA and it need not insist on any particular seniority regime. But US Airways must evaluate any proposal by USAPA with some care to ensure that it is reasonable and supported by a legitimate union purpose."
 Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so.”
 "According to USAPA, it is “not ‘contractually’ bound by any of ALPA’s agreements,” including the Transition Agreement. (Doc. 160 at 10). But the West Pilots, as well as US Airways, cite a variety of authority supporting the position that the “decertification of ALPA and the certification of USAPA did not change the binding nature of the Transition Agreement.” (Doc. 164 at 7). The West Pilots and US Airways are correct."
 "An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground."
(extracts)
http://www.unbiasedfacts.org/QF238-USAirways-to-Appeal-DJ-Decision.pdf

You really expect the same result? Really? Dream on.....

 

[Phoenix]

No takers on the injury in fact... Big surprise!

 

[MUTATIS MUTANDIS]

Take it to the 9th. Meanwhile, you get put in a box and the merger continues. Maybe you can have the APA appeal. Good luck



Fact #4: Key Statements from Judge Roslyn Silver's Declaratory Judgement Court Order – October 11, 2012


You really expect the same result? Really? Dream on.....

Quoting unbiasedbiased facts and AOL updates? Really, really, so far JJ you are sure you have a merger? Sure it gets "put in a box and the merger continues with the WEST representing the NIC in a 3 way because you were promised it? Man better check the variables in that equation your workin because it wreaks of swisse cheese!

 

[MUTATIS MUTANDIS]

No takers on the injury in fact... Big surprise!

This one is going to be more fun than listening to them after the WAKE1 ARRIVAL in SFO!

 

[snapthis]

The HIPAA defense...

Mr. Harper, through Mr. Jacob, do you have any
questions to ask of Dr. Gleason?
MR. JACOB: Yes, Dr. Gleason. Thank you. Do you
have any information on how his surgery got to be timed for
this time?
THE COURT: Let me interrupt there for a second. I'm
not sure if you heard, Dr. Gleason, that Mr. Jacob is a lawyer
and also a cardiologist.
And, Mr. Jacob, that is news to me. Are you a
practicing cardiologist or was that some time ago?
MR. JACOB: I practiced in Scottsdale for about 12
years and then I went to law school and I don't practice now.
THE COURT: All right. So just in terms of
background now, Dr. Gleason, you have -- he certainly has more
expertise than I do.
So why don't you repeat the question for Dr. Gleason,
Mr. Jacob?
MR. JACOB: Yes. Dr. Gleason, I would like to figure
out whether the surgery was in some way elective or if it
urgently had to be scheduled for when it was done and I wonder
whether you have that information.
DR. GLEASON: I have that information. Again, I feel
that that type of question is, again, a HIPAA violation.
United States District Court
CV 13-00417-PHX-ROS, October 17, 2013

Denied....
The trial will continue...

My ruling is based upon what I've heard from Dr.
Gleason. He's obviously very qualified. He is a doctor, as is

clear. He did not want to violate any of his responsibilities​

to his patient, is that he would take very good care to ensure​

that his patient was not in harm's way.​

So the trial will not be continued. It is going​

forward as planned with the understanding that if Captain​

Hummel is -- his situation becomes egregious, then counsel will bring it to my attention and I will reconsider.​

United States District Court​

CV 13-00417-PHX-ROS, October 17, 2013​

 

[snapthis]

This one is going to be more fun than listening to them after the WAKE1 ARRIVAL in SFO!

One word response is all I need.

Naive

 

[EastUS1]

History has shown it was two Judges at the 9th circuit that have wasted all the time and money. They were dumb enough.....

Umm...I don't honestly even know how to adequately address such mindless arrogance, so I'll just go with: Thank you for weighing in, Chief Justice of the Supreme Court. 😉

 

[snapthis]

No takers on the injury in fact... Big surprise!

Injury? Maybe.

I'll bet Hummel is a no-show after y'all hand him a carton of cigs and buy him shots at McKoy's Saloon.

 

[EastUS1]

Injury? Maybe.

Just FYI: Being dropped onto your heads as babies doesn't count here.

 

[nevergiveup]

History has shown it was two Judges at the 9th circuit that have wasted all the time and money. They were dumb enough to believe USAPA was capable of sane, rational behavior.

May I forward your quote to the 9th?

 

[Phoenix]

Injury? Maybe.

......

Exactly what Silver said, and nether of you 100lb brains knows how that premise torpedoes Article III jurisdiction... But that obviously won't matter until the 9th has to clean up loose cannons on deck again.

 

[Phoenix]

One word response is all I need.

Naive

An excellent summary, but Wake wasn't the first and won't be the last.