PilotAction US Airways & American Airlines Trial & Other News Update

[USA320Pilot]

[background=rgb(250, 250, 250)]PilotAction Merger News for US Airways & American Airlines #2: September 18, 2013[/background]

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UPDATE 1-Unionized American Airlines, US Airways workers rally for merger

See Story: http://in.reuters.co...N0HE1X020130918


Unionized American Airlines, US Airways workers rally for merger

See Story: http://finance.yahoo...-195346613.html


Photos From Employees from American Airlines and US Airways rally in Washington for the airlines' merger.

See Story: http://www.star-tele...-employees.html


Airlines, allies in Congress urge DOJ to settle suit brought to stop airline merger

See Story: http://aviationblog....ne-merger.html/


US Airways, American Airlines employees rally at U.S. Capitol

See Story: http://aviationblog....s-capitol.html/

 

[Pi brat]

USA320, have you heard anything about a rally in DC?

 

[USA320Pilot]

PilotAction Merger News for US Airways & American Airlines #3: September 18, 2013

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AMR-US Airways Unions Meet U.S. Official on Merger Suit

Union arguments about protecting jobs are “legally irrelevant,” Allen Grunes, an antitrust attorney at GeyerGorey LLP said. “The antitrust laws just aren’t concerned with producer welfare or worker welfare. They’re concerned with consumer welfare.” “Being open to hearing different opinions is something that he would want to do on a merger of this significance,” Tyler Baker co-chairman of the antitrust group at Fenwick & West LLP said by telephone from Mountain View, California. “It is conceivable that the union people would have information that would actually bear on the antitrust analysis.”

AMR’s $460 million of 6.25 percent convertible notes due in October 2014 rose 0.25 cent to 104.25 cents on the dollar at 3:56 p.m. in New York, according to Trace, the bond-price reporting service of the Financial Industry Regulatory Authority.

See Story: http://www.businessw...-on-merger-suit


AA, US Airways Employees Rally Capitol Hill

See Story: http://www.nbcdfw.co...-224308591.html


What The Airlines' Merger Defense Means for You: Part 1

See Story: http://www.fool.com/...or-you-par.aspx

 

[USA320Pilot]

USA320, have you heard anything about a rally in DC?

US Airways employees met with over 300 congressional staff members, labor leaders met with Asst. AG Baer, and there was the rally. The rally was well done; although, I'm not sure how much the rally will effect the two companies effort to settle with the regulators or win at trial.

 

[USA320Pilot]

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Today Judge Silver issued her an Order in the Addington II DFR case and USAPA lost on all counts. One noteworthy comment by Judge Silver was, "Unfortunately, USAPA did not listen." [/background]
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Judge Silver ordered:[/background]
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IT IS ORDERED the Motion to Certify Class (Doc. 11) is GRANTED.[/background]
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IT IS FURTHER ORDERED the Motion to Intervene (Doc. 128) and Motions to [background=transparent]Expedite (Doc. 129, 188) are GRANTED. US Airways shall file its intervention pleading [/background][background=transparent]within five days of this Order.[/background][/background]
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IT IS FURTHER ORDERED the Motions to Quash (Doc. 149, 178) are [background=transparent]GRANTED.[/background][/background]
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IT IS FURTHER ORDERED the Motion for Reconsideration (Doc. 183) is [background=transparent]DENIED.[/background][/background]
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[background=transparent]Judge Silver also made some other damning comments including:[/background][/background]
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- "USAPA’s current position that the (MOU) vote was a clear [background=transparent]statement by the majority of the West Pilots that they are no longer interested in pursuing the [/background][background=transparent]Nicolau Award is very close to frivolous."[/background][/background]
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[background=transparent]- "[/background][background=transparent]USAPA offered no plausible [/background][background=transparent]basis for the Court to reject the proposed class counsel and there is none. The Court will [/background][background=transparent]appoint Marty Harper, Andrew S. Jacob, and Jennifer Axel as class counsel."[/background][/background]
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[background=transparent]- "[/background][background=transparent]US Airways has moved to intervene to protect its interest in “the prompt and final [/background][background=transparent]resolution of the merits of plaintiffs’ DFR claim against USAPA.” [/background][background=transparent]US [/background][background=transparent]Airways will be allowed to intervene."[/background][/background]
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[background=transparent]- "[/background][background=transparent]Third-party Leonidas has moved to quash two subpoenas issued by USAPA. Despite [/background][background=transparent]filing lengthy oppositions to those motions, USAPA has not been able to establish the [/background][background=transparent]relevance of the information sought by either subpoena. Both subpoenas will be quashed."[/background][/background]
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- "USAPA has moved for reconsideration of the Court’s order refusing to dismiss this [background=transparent]case for lack of jurisdiction. This case, like the previous disputes involving these parties, [/background][background=transparent]presents very difficult issues regarding standing and ripeness. The Court’s ruling on the[/background][/background][background=transparent]
motion to dismiss was based on the facts available at that time. While those facts have [background=transparent]changed, the Court is not convinced that the changes require dismissal. Therefore, the [/background][background=transparent]motion for reconsideration will be denied."[/background][/background]
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[background=transparent]Judge Silver's DFR trial will proceed in October because Judge Silver believes the MOU and the proposed merger make the Addington Group's DFR claim "ripe" for adjudication. In my opinion, USAPA is in very dangerous territory, the court is once again going to rule USAPA is DFR, the West pilots could receive a monetary award in the hundreds of millions of dollars to be paid by USAPA, and USAPA ordered to implement the Nicolau Award. Finally, I believe it's noteworthy to state ALPA is the only airline union who has DFR insurance with $1 billion of protection. USAPA has none. [/background][/background]

 

[Reed Richards]

[background=transparent][background=transparent]Judge Silver's DFR trial will proceed in October because Judge Silver believes the MOU and the proposed merger make the Addington Group's DFR claim "ripe" for adjudication. In my opinion, USAPA is in very dangerous territory, the court is once again going to rule USAPA is DFR, the West pilots could receive a monetary award in the hundreds of millions of dollars to be paid by USAPA, and USAPA ordered to implement the Nicolau Award. Finally, I believe it's noteworthy to state ALPA is the only airline union who has DFR insurance with $1 billion of protection. USAPA has none. [/background][/background]

Wow, quite a mouthful. Let me summarize: "Judge Silver is sticking by her guns and will hold a trial come hell or high water." Think we pretty much figured that out when she started cutting off the limb she was standing on. I look forward to your explanation of how not using the NIC in an MOU for a merger that is not going to happen is going to cost USAPA "hundreds of millions." I seem to remember two companies, two unions, and the UCC all were a part of that agreement. And that the West Class voted and approved a non nic/non DOH MOU by a margin of 98%. And finally, where did you get your information ALPA has $1B in protection? Take a trip over to the DPA site, they seem to disagree. RR

 

[flyer63]

Of course she ruled against us. she isn't happy we went directly to the 9th. If she strays with the law we will be back at the. 9th again. Either way she isn't standing on Tera firma

 

[Reed Richards]

Of course she ruled against us. she isn't happy we went directly to the 9th. If she strays with the law we will be back at the. 9th again. Either way she isn't standing on Tera firma

I think she will get her trial. Despite a well written and researched appeal by USAPA, the 9th does not share Silver's belief that this is "airline stuff," and has to move quickly! I don't think the DFR stuff is going anywhere, especially when it is all sorted out who actually wrote the seniority language in the MOU. But the best show will be when Silver and Siegel "give" the West class a seat at the M/B table, a seat at the table for merger and process that is not going to happen. The mechanics of actually doing that if the merger lives will be Keystone Cops type of humor. RR

 

[Phoenix]

I think she will get her trial. Despite a well written and researched appeal by USAPA, the 9th does not share Silver's belief that this is "airline stuff," and has to move quickly! I don't think the DFR stuff is going anywhere, especially when it is all sorted out who actually wrote the seniority language in the MOU. But the best show will be when Silver and Siegel "give" the West class a seat at the M/B table, a seat at the table for merger and process that is not going to happen. The mechanics of actually doing that if the merger lives will be Keystone Cops type of humor. RR

The sure test of a judge with dementia is when s/he responds, "Wake who?"

 

[Phoenix]

... "give" the West class a seat at the M/B table, a seat at the table for merger and process that is not going to happen. The mechanics of actually doing that if the merger lives will be Keystone Cops type of humor. RR

In her latest order she has effectively established a new union by granting Leospankers' motion to quash USAPA's deposition of them. Leospanker is a third party organization (Silver's words) and it is obviously exercising representational opposition to the certified bargaining agent. She has denied USAPA's right to discovery in a matter that she has agreed to consider as a possible remedy at trial. She may have completely unglued herself from any of her foundations to which she was appointed, and from the oath that allowed her to sit on the bench.

It appears she is in danger of implicitly assuming she sits not on a bench but instead sits on a throne. But she is much smarter than Wake.

 

[Reed Richards]

In her latest order she has effectively established a new union by granting Leospankers' motion to quash USAPA's deposition of them. Leospanker is a third party organization (Silver's words) and it is obviously exercising representational opposition to the certified bargaining agent. She has denied USAPA's right to discovery in a matter that she has agreed to consider as a possible remedy at trial. She has completely unglued herself from any of her foundations to which she was appointed. But she is much smarter than Wake.

[font="Arial""]She is going to give Siegel anything he wants. I have not been there to see the dynamic between those two, but I am told it is obvious to any in the room. Siegel really stepped on it telling Parker he could have this "three way." It’s all about face now, nothing more. As I have said, Parker should show up to the table and work this out with USAPA. Any solution would have to include FULL parity for the last 7 years for East pilots, and a vote by the entire membership. RR[/font]

 

[prechilill]

In her latest order she has effectively established a new union by granting Leospankers' motion to quash USAPA's deposition of them. Leospanker is a third party organization (Silver's words) and it is obviously exercising representational opposition to the certified bargaining agent. She has denied USAPA's right to discovery in a matter that she has agreed to consider as a possible remedy at trial. She may have completely unglued herself from any of her foundations to which she was appointed, and from the oath that allowed her to sit on the bench.

It appears she is in danger of implicitly assuming she sits not on a bench but instead sits on a throne. But she is much smarter than Wake.

It's a legal thing... you wouldn't understand

 

[prechilill]

[font=Arial"]She is going to give Siegel anything he wants. I have not been there to see the dynamic between those two, but I am told it is obvious to any in the room. Siegel really stepped on it telling Parker he could have this "three way." It’s all about face now, nothing more. As I have said, Parker should show up to the table and work this out with USAPA. Any solution would have to include FULL parity for the last 7 years for East pilots, and a vote by the entire membership. RR[/font]

NEWS FLASH: USAPA is irrelevant. You stupid clowns are just about finished...

 

[prechilill]

You can't change a seniority list without a reason. "Majority rules" isn't one of them.
It's over. Silver understands clearly what the USAPA scabs are all about, todays order clearly shows what the court thinks about the scab union, truly a great read!

LMAO at the USAPA clowns tonight!!!

 

[Phoenix]

It's a legal thing... you wouldn't understand

I see you have dementia too. But don't worry, it doesn't mean you aren't smarter than Wake too.