Nov/Dec 2013 Pilot Discussion

[nycbusdriver]

PHX Declaratory Judgment - Appeal to be Withdrawn


Details

 

Created on Thursday, 14 November 2013 12:19

 
Yesterday in the United States Court of Appeals for the Ninth Circuit, US Airways filed documents in which they asked to postpone the scheduled December 9th argument; and declared that once the merger becomes effective, it will withdraw its appeal. US Airways said the merger is currently anticipated to close in the first half of December 2013. That will mean Judge Silver's October 2012 Declaratory Judgment decision in District Court will stand without challenge. That decision (Doc 193) held that USAPA “is free to pursue any seniority position it wishes” subject to the obligation imposed by its duty of fair representation (DFR).
Note - This Declaratory Judgment Appeal has nothing to do with the ongoing Addington II case, which included the October 22-23, 2013 hearing in Judge Silver’s court in Phoenix. 
USAPA Communications

 

[nycbusdriver]

 
The NIC is dead and gone....  It will never be part of this property.
 
Thank goodness, it was such an abomination.

 
Once the POR is signed, the TA, per the MOU and which held the only lifeline of the Nic, becomes a nullity.  The Nic will be moot; George Nicolau will, in effect, be mute.

 

[Phoenix]

This says it all:
" That said, now that the Court has heard the evidence and had the opportunity to weigh credibility of witnesses, the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law. "
And this:
"History (most recently USAPAs attempt to introduce the untimely Hummel declaration into evidence) shows that the Court cannot rely on USAPA to abide by any order from this Court in good faith. [See Doc. 256, 257.] USAPA will look for ways to circumvent the remedy that the Court provides on Claim One to the detriment of the West Pilots. Separate and apart from such remedy, therefore, the West Pilots must be afforded a full opportunity to participate in the process of integrating with the American pilots."
Document 266 Filed 11/13/13

Snappy, This is a DFR trial not a trial about witness credibility. Even if Silver agrees USAPA had no credibility DURRING trial, it proves nothing of their actions BEFORE trial. Marty is a ambulance chasing charlatan.

The plaintiff must PROVE a breach of DFR actuly occurred BEFORE the trial. Now Marty is arguing to persuade Silver to ignore that matter of law and instead find that USAPA witnesses were not credible DURRING the trial. And then based on this NEW implicitly assumed "guilt" (that has nothing to do with PROVING a DFR breach) Marty pleads for Silver to substitute this "guilt" as adequate to predict that USAPA will breach its DFR in the FUTURE and therefore Silver must intervene NOW (before a DFR occurs) in order to PREVENT a future DFR....


and Marty does this brazen hat trick "not-as-a-matter-of-law" request as a part of a DFR trial.

Integrity my azzs.

 

[luvthe9]

PHX Declaratory Judgment - Appeal to be Withdrawn


Details

 

Created on Thursday, 14 November 2013 12:19



 
Yesterday in the United States Court of Appeals for the Ninth Circuit, US Airways filed documents in which they asked to postpone the scheduled December 9th argument; and declared that once the merger becomes effective, it will withdraw its appeal. US Airways said the merger is currently anticipated to close in the first half of December 2013. That will mean Judge Silver's October 2012 Declaratory Judgment decision in District Court will stand without challenge. That decision (Doc 193) held that USAPA “is free to pursue any seniority position it wishes” subject to the obligation imposed by its duty of fair representation (DFR).
Note - This Declaratory Judgment Appeal has nothing to do with the ongoing Addington II case, which included the October 22-23, 2013 hearing in Judge Silver’s court in Phoenix. 
USAPA Communications

Parker is walking away from the West kids, just like we knew he would.

 

[luvthe9]

USAPA is ging to get b*tch slapped by APA.

You probably will try and help them. Traitor

 

[luvthe9]

Us Airways is withdrawing it's appeal in the declatory judgement case.  USAPA is free to use any senority list per judge silvers original ruling in DEC 12.
 
The NIC is dead and gone....  It will never be part of this property.
 
Thank goodness, it was such an abomination.

Finished.

 

[Phoenix]

Parker is walking away from the West kids, just like we knew he would.

No need to spend any money on lawyers that isn't necessary. A penny saved is a penny earned.

 

[traderjake]

You probably will try and help them. Traitor

 
They don't need my help, dimwit.

 

[end_of_alpa]

This says it all:

" That said, now that the Court has heard the evidence and had the opportunity to weigh credibility of witnesses, the West Pilots prefer that the Court provide relief on that basis and not as a pure matter of law. "

And this:

"History (most recently USAPAs attempt to introduce the untimely Hummel declaration into evidence) shows that the Court cannot rely on USAPA to abide by any order from this Court in good faith. [See Doc. 256, 257.] USAPA will look for ways to circumvent the remedy that the Court provides on Claim One to the detriment of the West Pilots. Separate and apart from such remedy, therefore, the West Pilots must be afforded a full opportunity to participate in the process of integrating with the American pilots."

Document 266 Filed 11/13/13

Here comes the Westicles final death throws as their "retired rich on West pilot cash" lawyer attempts to paint legal defenses that simply hash out ridiculous arguments that simply have no basis in fact.  In fact, the cases the Westicles argue about don't even support their specious contentions and innuendo.  To a Westicle, an innuendo means the tripe they pull out of their own a$$ and put in their mouths claiming "whoa is me".  What a bunch of chumps.

 

[EyeInTheSky]

 

PHX Declaratory Judgment - Appeal to be Withdrawn
Details   Created on Thursday, 14 November 2013 12:19
 
Yesterday in the United States Court of Appeals for the Ninth Circuit, US Airways filed documents in which they asked to postpone the scheduled December 9th argument; and declared that once the merger becomes effective, it will withdraw its appeal. US Airways said the merger is currently anticipated to close in the first half of December 2013. That will mean Judge Silver's October 2012 Declaratory Judgment decision in District Court will stand without challenge. That decision (Doc 193) held that USAPA “is free to pursue any seniority position it wishes” subject to the obligation imposed by its duty of fair representation (DFR).
Note - This Declaratory Judgment Appeal has nothing to do with the ongoing Addington II case, which included the October 22-23, 2013 hearing in Judge Silver’s court in Phoenix. 
USAPA Communications

 

Exactly nycbusdriver!
The loser Westies will continue to pour money into their continuing losing legal battle to steal seniority.  Well, bitches, Parker just gave you West homies the finger...get over yourselves.  Let's face you kids are lucky to be here.  I mean who would have thought the Westies would be working for American Airlines. You all should be shi&&ing in your pants at your luck!  
 
Later,
Eye

 

[end_of_alpa]

Snappy, This is a DFR trial not a trial about witness credibility. Even if Silver agrees USAPA had no credibility DURRING trial, it proves nothing of their actions BEFORE trial. Marty is a ambulance chasing charlatan.

The plaintiff must PROVE a breach of DFR actuly occurred BEFORE the trial. Now Marty is arguing to persuade Silver to ignore that matter of law and instead find that USAPA witnesses were not credible DURRING the trial. And then based on this NEW implicitly assumed "guilt" (that has nothing to do with PROVING a DFR breach) Marty pleads for Silver to substitute this "guilt" as adequate to predict that USAPA will breach its DFR in the FUTURE and therefore Silver must intervene NOW (before a DFR occurs) in order to PREVENT a future DFR....


and Marty does this brazen hat trick "not-as-a-matter-of-law" request as a part of a DFR trial.

Integrity my azzs.

Marty is a "has been".  These "westicles" like Simmons, Holmes, Koontz and their remaining ilk are on the loosing end and simply go through the motions.  My only fear now is when the Westicles don't get their way after the courts kick them down the road.  Read how Leonidas threatens everyone even to this day:
 
 
"Leonidas LLC Objectives
We, the former pilots of America West Airlines, hereby declare the following:
 
1. We fully demand all of our legal rights, in their entirety, within the new US Airways, or any successor airline.
2. We require full, good faith compliance with our existing contract, the Transition Agreement and ALPA merger policy from all parties.
3. We will not allow our rights to be trod upon by USAPA, the East MEC, ALPA National, or the Company.
4. We will aggressively seek any and all available legal remedies against any party which might seek to dilute our rights.
5. We will not tolerate discrimination against the pilots of America West in any form, including the dilution of the Nicolau Award by any means, contractual or otherwise.
6. We will not engage in fruitless debates over matters already settled.
 
7. We will remain perpetually poised to aggressively defend our rights until such time when we are no longer threatened."
 
I wouldn't be surprised if they decided to do something VIOLENT at the completion of their loss.  

 

[end_of_alpa]

 
They don't need my help, dimwit.

 
You have none to give.  BTW, when we DO integrate with DOH are you going to give up the money you make under the MOU to the senior Nicolau award pilot above you so you are not stealing HIS job?
 
Will you quit?  Go on Strike?  Protest?  Write a letter to Obama?
 
WHAT? 
 
What would DAN DO?

 

[Phoenix]

Here comes the Westicles final death throws as their "retired rich on West pilot cash" lawyer attempts to paint legal defenses that simply hash out ridiculous arguments that simply have no basis in fact.  In fact, the cases the Westicles argue about don't even support their specious contentions and innuendo.  To a Westicle, an innuendo means the tripe they pull out of their own a$$ and put in their mouths claiming "whoa is me".  What a bunch of chumps.

You gotta give credit to Marty for one thing, even after the 9th busted the West on the "implicit assumption" scam, Marty is able to keep reinventing that same scam and keeps selling it to the self-proclaimed paragons of integrity.

Marty could charge a premium for hot garbage to a cold bum.

 

[end_of_alpa]

Deleted duplicate post.

 

[Beancounter]

Us Airways is withdrawing it's appeal in the declatory judgement case.  USAPA is free to use any senority list per judge silvers original ruling in DEC 12.
 
The NIC is dead and gone....  It will never be part of this property.
 
Thank goodness, it was such an abomination.

You really love to qoute that, but it's always taken out of context. Yes, you can present any list, but presenting anything other than the Nic puts you on dangerous ground. You guys just don't seem to understand that is why the Nic is really not dead. You can't erase the fact that it happened. You can go in presenting DOH or something really crazy like fencing off the west (major failure to represent), but it will just be another mess.

As for the company withdrawing the appeal. They are not taking sides, so i don't think it's a surprise. There is now a set path to combining seniority, contrary to what you think, that's what they've wanted all along. It was Usapa that has been preventing a combined list and contract, not management. They've just been taking advantage of the cheap labor.

Bean