Feb / Mar 2013 US Pilots Labor Discussion

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Marty's motion to transfer will fail if USAPA opposes it:
"The plain language of LRCiv 42.1(a) requires for an unconsented transfer that the related case be “pending” before the transferee judge alone is authorized to transfer the other case to himself. That requirement fails on this motion.
IT IS ORDERED that Plaintiffs’ Motion to Transfer Related Case, Pursuant to
LRCiv 42.1 (Doc. 642) is denied.
DATED this 18th day of October, 2010. Judge Neil V. Wake, USDJ Case 2:08-cv-01633-NV W Document 666 Filed 10/19/10
 
So you are asking for an action from the court based on an event that may or may not happen in the future? In fact you have no way of even knowing what list will be put before you to vote on in the JCBA, down the road.

It ain't ripe Res, never has been. Won't be for a long time. No injunction based on your fears of what “might happen” will be issued. No knife thrust. The Ninth already made that clear.

Greeter
There is no vote on the JCBA under the MOU.
 
Not according to the last four pilot seniority arbitrations.
Dictionary.com: priority, precedence, or status obtained as the result of a person's length of service, as in a profession, trade, company, or union: First choice of vacation time will be given to employees with seniority. http://dictionary.reference.com/browse/seniority
1. The state of being older than another or others or higher in rank than another or others.
2. Precedence of position, especially precedence over others of the same rank by reason of a longer span of service. http://www.thefreedictionary.com/seniority

2: a privileged status attained by length of continuous service (as in a company) http://www.merriam-webster.com/dictionary/seniority The preferential status, priveges, or rights given to an employee based on the employee's LENGTH OF SERVICE with an employer. Also the status of being older or senior. http://definitions.uslegal.com/s/seniority/ http://legal-dictionary.thefreedictionary.com/seniority Every legal definition of seniority is different then Dan's. Now why is that?
 
Not according to the last four pilot seniority arbitrations.
The reason for M/B arbitrations, Dan, is that no one (companies or employee groups) can legally disregard longevity under ANY fair and equitable standard. AMR pilots and F/A did it which got M/B into federal law. Nicolau can't do it either under ALPA's former guidelines. The legal definition of that is called Disparate treatment under the eyes of the law, that is why seniority is LEGALLY defined as Length of Service. Sorry AOL (and Dan and DCA319), but you guys have no legal basis to support your contentions.
 
BOHICA

Get ready boys. The tax man comith again.


We thank you for your support. We thank those who took time to attend the trial. That was huge to us, because those who attended saw for themselves what's been going on for the last couple years with Judge Scullin. Those of you that we have talked to since the trial feel very strongly that we've come this far, we need to finish it. If this does go through an appeal, it will be a very finite process of no more than 18 months. The cost would be about 15 percent of what we've spent to date.


It would appear that $4 million was not enough money to put your hearts at ease about what happened to your pension. That the loss of your pension was not enough. $4 million more dollars was not enough. The PIC wants another $600,000 from you. After three years, a trial, depositions and $4 million you still don’t know what happened to your pension?

I really do feel sorry for you east pilots. First your company failed and your pension was terminated. Next your own union came along and scammed you out of $4 million. Now they want to continue the gravy train of FPL and tax you another $600,00.00. When the appeal fails will they want another couple hundred thousand to go to SCOTUS?


When that decision comes out, we expect that no matter whether it’s a decision for USAPA or a decision for the PBGC, the case will undoubtedly go to appeal. PBGC will have to appeal it if we win, and we should appeal it if we lose, because of the demeanor and statements made by the judge during the three-year process and his unwillingness to reference the law.

Here we go again. Yet another judge or legal authority that just does not understand the law like the usapa experts. First it was Nicolau, then Wake. The judge in the RICO case. The judge in the illegal job action. The arbitrator for the LOA 93 case and the MDA case. All unwilling to reference the law as usapa sees it. All unwilling to agree with usapa. How is it that all these people disagree with usapa? The one common denominator in all those cases? East pilots misreading contracts and the law.



Is it possible that the judges demeanor is telling you that you don't have a case and you are wasting the courts time?

When are east pilots going to take responsibility of your actions and admit you were wrong?
 
The Benedict Arnold of your airline.
Benedict Arnold was actually a great General of the Revolutionary War: "
Born in Connecticut, Arnold was a merchant operating ships on the Atlantic Ocean when the war broke out in 1775. After joining the growing army outside Boston, he distinguished himself through acts of intelligence and bravery. His actions included the Capture of Fort Ticonderoga in 1775, defensive and delaying tactics despite losing the Battle of Valcour Island on Lake Champlain in 1776, the Battle of Ridgefield, Connecticut (after which he was promoted to major general), operations in relief of the Siege of Fort Stanwix, and key actions during the pivotal Battles of Saratoga in 1777, in which he suffered leg injuries that ended his combat career for several years.
Despite Arnold's successes, he was passed over for promotion by the Continental Congress while other officers claimed credit for some of his accomplishments.[sup][3][/sup] Adversaries in military and political circles brought charges of corruption or other malfeasance, but most often he was acquitted in formal inquiries. Congress investigated his accounts and found he was indebted to Congress after spending much of his own money on the war effort. Frustrated and bitter, Arnold decided to change sides in 1779, and opened secret negotiations with the British." http://en.wikipedia.org/wiki/Benedict_Arnold Dan isn't even a fly on the ass of Arnold's horse. You give him too much credit where no credit is due.
 
And they actually WANT to be front of Wake AGAIN. I saw that and one thought came to mind : "Once bitten twice shy"
The west will take judge Wake. Judge Silver even the judge assigned now. Why is it usapa does not want any judge? Oh yeah. usapa thinks that ALL judges are biased and can't understand the law.

They just said it again in the pension trial.

When that decision comes out, we expect that no matter whether it’s a decision for USAPA or a decision for the PBGC, the case will undoubtedly go to appeal. PBGC will have to appeal it if we win, and we should appeal it if we lose, because of the demeanor and statements made by the judge during the three-year process and his unwillingness to reference the law.

That was huge to us, because those who attended saw for themselves what's been going on for the last couple years with Judge Scullin.

Always the judges fail never usapa fail.
 
BOHICA

Get ready boys. The tax man comith again.





It would appear that $4 million was not enough money to put your hearts at ease about what happened to your pension. That the loss of your pension was not enough. $4 million more dollars was not enough. The PIC wants another $600,000 from you. After three years, a trial, depositions and $4 million you still don’t know what happened to your pension?

I really do feel sorry for you east pilots. First your company failed and your pension was terminated. Next your own union came along and scammed you out of $4 million. Now they want to continue the gravy train of FPL and tax you another $600,00.00. When the appeal fails will they want another couple hundred thousand to go to SCOTUS?




Here we go again. Yet another judge or legal authority that just does not understand the law like the usapa experts. First it was Nicolau, then Wake. The judge in the RICO case. The judge in the illegal job action. The arbitrator for the LOA 93 case and the MDA case. All unwilling to reference the law as usapa sees it. All unwilling to agree with usapa. How is it that all these people disagree with usapa? The one common denominator in all those cases? East pilots misreading contracts and the law.



Is it possible that the judges demeanor is telling you that you don't have a case and you are wasting the courts time?

When are east pilots going to take responsibility of your actions and admit you were wrong?
Funny, but we pity YOU!
 
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