Maybe it’s the chemicals in the Braveheart blue face paint that are causing even some of the more reasonable posters here to go off the deep end as the trial looms (that’s a spooky Halloween “loom”..Oooooh!) This is pretty much the same thing I told you all when evaluating the possible outcome in the Ninth 4 years ago. Don’t look at our issues as unique or defining; we are ALL part of a small, trivial, and generally unliked pilot group. We work for an airline management so despised by the Pols and Wall Street that nary a single merger can be walked down the aisle, much less consummated on an 8 year wedding night. The legal world could care less about “us,” they want this to go away. Wall Street just wants “us” to be paid as little as possible, they don’t care who pilots the big birds.
We don’t need SCOTUS to “intervene” with the law of the land definition of DFR. It is simply the law now, absent intervention by SCOTUS itself, or legislation passed by Congress to the contrary. What we do need is Harper to actually prove that such a supposed horror of mistreatment MEETS the standards set as law. Nothing more. Does anyone think the Ninth is going to try and change the standard of DFR to meet the needs of the West Class? Even if they were all blood related to PHX pilots, you have to look at what changing the standard does to the entire labor landscape. Do the courts really want thousands of DFRs flooding them based on intention, speculation, fear, supposition, etc.? No, they don’t. DFRs are decided based on actual action, defined even recently by the Ninth itself as an actual bargaining product.
And I continue to be slack jawed at adults counting the number of Judges supposedly in their favor and adding up a win with just strikes and outs called on a ballpark scoreboard. The only thing that matters is the result of the game, rather legal proceeding. The “umps” are important, but the win is a win is win (Lance Armstrong accepted.) As to the idea proffered by both the Company and the West Class that there has already been a demonstrated ruling of DFR in a courtroom (again.. spooky Ooooooh!)…. that is just plain stupid. Absent the final bargaining product how can any court claim to have ruled “on the facts” if they don’t even know them? Had USAPA magically gotten a contract ratified without the NIC, but with some aberration that made everyone a little more unhappy, would we have even been in court? Who knows. Not Judge Wake, he suffered the embarrassment of wasting time and moneys by holding a trial he already knew was unripe, following the “unripe demise” of the Empire group in NC. Silver suffers almost the same fate. She at least had the gumption to be front and center with her ripeness argument, only to have the DOJ splash egg on her face. These AZ judges just cannot get a break. Watching Silver proceed against all odds might be more flinching than Judge Wake’s quick action. Silver’s is more in painful slow motion.
Back to the DFR. Did USAPA commit that heinous act by not including the NIC in the MOU? That is the ONLY question as to DFR that is before Judge Silver. Remember that as you all see the facts of the MOU birth presented, specifically the seniority section. My guess is the proceedings (paternity test?) will prove XXXXXXXX was at least present in the bedroom, if not the actual father. Don’t call the Enquirer yet, try and enjoy the show and not let my predictions ruin your entertainment! RR