Feb / Mar 2013 US Pilots Labor Discussion

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"Case Law and NOW Federal Law dictates that the groups be merged by slotting based on DOH. PERIOD!" Is this guy really that dumb and clueless or just flat out lying?

Bean
I stopped reading after he Fked up "Loose" with "Lose". The most sure sign of an idiot.
 
It's settled, let's start a new discussion.....

http://www.thestreet...-seniority.html

Jim Garbett • 3 hours ago


Hello there Ted: You know, I have at least nine years left before I retire from USAirways / American. As a wise man once said: It takes a LONG TIME to win in court ~ an EVEN LONGER time to loose.
With McCaskill-Bond now Federal Law and the "Nicalau Award," being "awarded under a defunct CBA, Case Law and NOW Federal Law dictates that the groups be merged by slotting based on DOH. PERIOD!
From my perspective the AWA boys will bring Legal Action well into the future; probably until they get REAL tired of paying their attorneys. At the end of the day, in my opinion, there ISN'T a judge on the face of the earth that will grant them an injunction to stop the USAirways / AA merger ~ there's just TOO much money to be made for the boys on Wall Street.
Just my two cents of course.
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The tinest bit of research proves this guy has no clue what he is talking about. M/B is not DOH

An injunction would not stop a merge only the seniority integration part of it.

He needs to rethink who is goin gto be paying lawyers. usapa the soon to be defunct union along with it's DOH dream will be nothing but the former bargaining agent. Who according to east pilots means nothing. Plus with usapa gone no dues to pay lawyers. No usapa to oppose the Nicolau no court case.

But this was the same guy that believed the MDA case would kill the Nicolau. BTW that case was heard on appeal the beginning of the month. No hurrah's no we won, not a single word about how that appeal went. Anyone? MDA going to kick ALPA butt and fix this seniority thing?
 
It is not bias because the court ruled against you. The court ruled against you because usapa and the east pilots are wrong.

The point is that the Ninth did not even consider that complaint. Once it decided on ripeness, they were done.

I doubt the next federal judge, even Wake, will put the same crap again. The jury will hear everything germaine to the case, and the judge won't play that game again. Wake gambled that his decision would end it and USAPA would crawl home with their tails between their legs.

Just fuggedaboudit. Bring on your lawsuit. The next judge will probably dismiss it as frivolous given your 98% vote.
 
Perhaps the arbitrators have met Nicolau before and could be miffed that the east pilots have not respected their senior members work.


Perhaps the arbitrators have met Nicolau before and think he's a mindless buffoon of an old man?

(You're really counting on there being an arbitration to make your dream come true. What if it doesn't go that far?)


Maybe the arbitrator integrate the west list much higher up the combined list while sliding down the east list somewhere near the bottom just to make up for the last 5 years of childish and dishonorable behavior.

Yup. Of course. Noted legal scholar Peter Pan once said: "Dreams do come true, if only you wish hard enough."

And, in agreement, law school Dean Glinda, Good Witch of the EAST, said: "Click your heels together three times."

Yup. The east pilots are toast. No bout a doubt it!
 
The point is that the Ninth did not even consider that complaint. Once it decided on ripeness, they were done.

I doubt the next federal judge, even Wake, will put the same crap again. The jury will hear everything germaine to the case, and the judge won't play that game again. Wake gambled that his decision would end it and USAPA would crawl home with their tails between their legs.

Just fuggedaboudit. Bring on your lawsuit. The next judge will probably dismiss it as frivolous given your 98% vote.
The jury hear all the evidence germain to the DFR case. They heard how usapa was not representing the west fairly.

The fairness of the Nicolau was not on trial even though Seham and usapa and you even now try to make it about that.

98% You still don't understand what the law suit and how DFr cases work do you? Oh well your loss. This will be a surprise for you.
 
Waste of time to tell you again. But....Breeger's place on the list was ratified in a JCBA prior to the US Air merger. Is it called his "DOH?" I am not sure. Was it his ratified place on the PI list, Yes. The list PI presented to the arbitrator was the one used in the integration. Unless you are moving scabs to the bottom of the list (UAL 1985) you cannot reorder previously ratified lists. But you know that. And you obviously had the above tidbit already locked and loaded in your seniority battle spank bank, ready to pounce

AWA and U do not have, nor have ever had a ratified joint list. Your data will be presented in the talks/arbitration with APA according to our (read: your) CBL.

Since you still have never merged before, your list should be pure DOH. No worries for you!

Greeter

Got to disagree. Don Breeger was a ex-Eastern Trump Shuttle pilot. His Trump DOH would have been sometime in the 1990s, since the Trump operating certificate didn't even exist until then. The date is his Eastern DOH. That merger was a US Air merger, not a Piedmont merger. And the Trump pilots did not seek Eastern DOH in the arbitration...done by Nicolau, no less!
 
Got to disagree. Don Breeger was a ex-Eastern Trump Shuttle pilot. His Trump DOH would have been sometime in the 1990s, since the Trump operating certificate didn't even exist until then. The date is his Eastern DOH. That merger was a US Air merger, not a Piedmont merger. And the Trump pilots did not seek Eastern DOH in the arbitration...done by Nicolau, no less!

Thanks NYC, I stand corrected, but stand by my logic on what a ratified list is. I grow weary of making the same argument over and over. Will be so glad when these guys put up and shut up. We are almsot there.

Greeter
 
Doh with fences to protect what each side(3 sides) brings to the table is a very strong possibility(50%). Clear will keep his or her relative position and PHX domicile career expectations.
 
(You're really counting on there being an arbitration to make your dream come true. What if it doesn't go that far?)

I must have missed where USAPA removed DOH from the constitution. If USAPA used the Nic and then offered the APA relative with fences and credit for all of their widebodies, then yes, there probably would be no need for arbitration. Remember the APA pilots can read and they're well aware that the courts warned you about deviating from the NIC. They also are smart enough to know that the only reason you're so fired up and ready to illegaly steal seniority is that you and your union won't be around to sue. How dumb do you think the APA is?

Bean
 
Doh with fences to protect what each side(3 sides) brings to the table is a very strong possibility(50%). Clear will keep his or her relative position and PHX domicile career expectations.

Staple the west and then protect their seniority by locking them out of the merger? Hahahahahhahahh. You're joking I hope. No one could possibly be that dumb and sleazy. This may be a little harsh, but didn't you bring something like 1600 furloughed pilots to the first merger? How would you like them back? I'd be carefull about piping off about what you're
bringing to this merger.

Bean
 
Staple the west and then protect their seniority by locking them out of the merger? Hahahahahhahahh. You're joking I hope. No one could possibly be that dumb and sleazy. This may be a little harsh, but didn't you bring something like 1600 furloughed pilots to the first merger? How would you like them back? I'd be carefull about piping off about what you're
bringing to this merger.

Bean
Interesting how things have changed. Shoe is on the other foot now. Look what West is bringing to the merger. Down to one hub, deep in competition with Southwest and pilots on furlough. Still, you put all your eggs in a basket with the Nic. What if you lose? It could happen. BTW, no one has ever seriously suggested that the West be stapled.
 
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