Third Circuit Ruling

[USAirUnited]

The Concession Stand was bulldozed
i second that.....

 

[PITbull]

USA320Pilot,

How did you know?

Do I hear a "payoff"?

This sounds really fishy to me.


And for A320pilot to have an inclination is proof enough.

I say SUPREME COURT! If they take it to arbitration, wouldn't trust the outcome. This is where the company fought in the first place to take it to.

Nope. SUPRREME COURT. Kick their DELETED once and for all!

 

[ITRADE]

Nope. SUPRREME COURT. Kick their DELETED once and for all!

No chance.

 

[MarkMyWords]

My condolences to the IAM.

Lets get this to arbitration and get it over with already.

 

[ClueByFour]

Two avenues:

Rehearing en banc. This is a rehearing of the case before the full 3d Circuit (i.e., every judge in the Circuit). This rarely happens, but is not unheard of.

Barring a denial of rehearing en banc, IAM's only avenue is to the Supreme Court - the chances of which are less than a snowball's chance in he11 - especially since we're already into the January session.

2 to 1, and the majority essentially ignored the Conrail precedent.

Not over by a long shot.

If the company tries to take another aircraft to Alabama, the IAM will petition for (and receive) an en banc sitting, specifically because the avenue for redress (the Supremes) are far enough into the term.

The other thing that we are forgetting here is that the company cannot possibly get all the S-checks that are needed by the end of the year finished before an arbitrator issues a ruling. It's also important to note that all the courts in question ruled upon was the type of dispute--not the merits (an argument which the company will lose, and lose large).

Were I the IAM, PHL based mechanics would begin to "work to rule" promptly on May 1st.

 

[PITbull]

ITRADE,

It will be the former above...just wait...

 

[BoeingBoy]

If the IAM loses this after all avenues are exhausted, look for all heavy maintenance to go outside. The company will only have to sell the equip, maint. stands, etc for Boeing heavy maintenance and then claim they "don't have the facilities" to do it in house.

Jim

 

[ktflyhome]

IAM...take it all the way. My heart goes out to all of you. Just remember, those idiots upstairs are probably drinking champagne on your money right now.Don't give in. Not just for yourselves but for all of us here. Remember everything worthwhile is Worth Fighting For.

 

[ITRADE]

If the company tries to take another aircraft to Alabama, the IAM will petition for (and receive) an en banc sitting, specifically because the avenue for redress (the Supremes) are far enough into the term.

I would think that the IAM would petition for rehearing regardless of what the company does. Whether or not the 3d circuit grants the motion is a different issue. Time will tell. Its not common, but as I said, not unheard of.

The other thing that we are forgetting here is that the company cannot possibly get all the S-checks that are needed by the end of the year finished before an arbitrator issues a ruling. It's also important to note that all the courts in question ruled upon was the type of dispute--not the merits (an argument which the company will lose, and lose large).

Its true that it all goes back to arbitration, what happens then is a different issue. It appears that the majority relied a lot upon the Dunsford Arbitration for their ruling.

 

[pitguy]

We have all seen what third party maintenance does. I feel sorry for the flight crews and passengers.


--I wondered why the company has not been posting Mechanic and Related jobs up for bid the last few weeks. Any time that happens you know something bad is going to happen soon. The company may of had some inside word.

 

[ITRADE]

We have all seen what third party maintenance does. I feel sorry for the flight crews and passengers.


--I wondered why the company has not been posting Mechanic and Related jobs up for bid the last few weeks. Any time that happens you know something bad is going to happen soon. The company may of had some inside word.

I'm sorry, but there is no "inside" word in the Federal court system.

 

[pitguy]

I guess there is no reason for the pilots or other labor groups to negotiate with the company any longer since the outsourcing will be such a big savings the company will have more than the 300 million they said they needed.

 

[ITRADE]

I was waiting for that one.

What took so long?

 

[BoeingBoy]

ITRADE,

Any thoughts on whether the 3 judges involved (or the 2 in the majority) have any "history" of ruling one way or another on labor issues?

I ask because of a decision in the (?) 9th circuit in California a while back where the 3 judge panel was almost immediately over-ruled by the full court. All the media coverage talked about how the 3 were among the most "liberal" on the court.

Jim

 

[ITRADE]

ITRADE,

Any thoughts on whether the 3 judges involved (or the 2 in the majority) have any "history" of ruling one way or another on labor issues?

I ask because of a decision in the (?) 9th circuit in California a while back where the 3 judge panel was almost immediately over-ruled by the full court. All the media coverage talked about how the 3 were among the most "liberal" on the court.

Jim

I'm not too familiar with any of the tree: Greenberg, Barry, or Smith.

Greenberg is a Senior circuit judge - so he's been around for quite a while.

I do not know who appointed who.

As to the 9th (the Leftist Circuit), they're a very, very different breed.

UPDATE
---------

OK, Maryanne Trump Barry was appointed by the Impeached President in 1999.
Morton Greenberg was appointed by Reagan in 1987.
D. Brooks Smith was appointed by Bush 2 in 2001.