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US Airways Pilots Labor Thread 4/21-4/28

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Ummmm, have you not seen the lastest PHX Crew News? Need to watch it so you don't start spending any of that "pay increase."

Hard to misinterpret what Kirby said.

Are you serious Toga!. I don't read the PHX Crew News, I don't read anything that comes out of the "Temple of Tempe". It's "Frat-boy follie". Post something that has meaning. Otherwise, you're wasting bandwidth.
 
Metro,

Give me a break Bro! I'm an West Coast guy all of my life (more life years than yours) but I'm an East Coast pilot. I don't say "bitchin" and "Rad". It's not a west coast thing. It's your thing. I going to ask you to quit categorizing "all" East pilots as some cancer causing infliction. You're wrong! Bro! Listen to Richard. Stick to topics. You're slamming us is one of the worst on these boards. I respect Nic, NLC, and a few others because they actually have thought-provoking things to say. You, though, well - it's boring! Samo, samo. everytime.


C'mon Dude! Me and Richard are Bitchin' Rad Bros!!!

You're harshin' my mellow...
 
Do you understand how the appellate system work regarding a CIVIL case?

Yeah, a little bit. You/we appeal, you/we get a hearing or you/we dont. Lose and appeal to the court en banc. Maybe get a hearing there, maybe not. Lose on appeal, you/we go for the Hail Mary to the Supreme Court. Fairly simple. Did I miss any of the possible steps?

And as for that "All we have to do is defend" comment, USAPA isn't doing so well. But hey, its only dues money, right?

And YOUR agency fees. Thank you, suzie (I know your not suzie).

Ummmm, have you not seen the lastest PHX Crew News? Need to watch it so you don't start spending any of that "pay increase." Hard to misinterpret what Kirby said.

PHX crew news. Now theres a keeper. If parker denies us, we file a grievance. After we win and parker still denies us, normally we could go to court for injunctive relief. But by then well be already in Section 6 negotiations. Now its a major dispute, maybe even viewed as company self-help, without NMB permission. No telling where that could go. If parker goes down that road, hes looking for a showdown because hes got something more sinister in mind. As long as were still separate operations, hes got two separate groups he can spin off. Worst case for you, he merges East with UAL and lets his money-losing hubs just disappear. Worst case for us, not sure there is a worst case for us, except more lawsuits. But then youd be suing ALPA, because under the preponderance of membership provisions in NMB rules, once a single-carrier finding, there doesnt even have to be a vote and I get to be an ALPA non-member again. Guess you could collect balance in USAPAs bank account.

You may be surprised...again.

Plaintiffs’ ISSUE #2: Whether USAPA so violated its duty of fair
representation that the Court should order the airline and USAPA to
submit to NMB mediation/arbitration to create and implement a single
joint collective bargaining agreement that incorporates the Nicolau
Award seniority list.

Plaintiffs Contend: Yes. (holding that the duty to bargain in good
faith “was intended to be more than a mere statement of policy or
exhortation to the parties; rather, it was designed to be a legal obligation,
enforceable by whatever appropriate means might be developed on a caseby-
case basis.â€￾); United Air Lines, Inc. v. Air Line Pilots Assn., Intern.
2008 WL 4936847, 35 (N.D. Ill. 2008) (“[T]he obligation to make and
maintain agreements without interruption to the carrier's operations is …
an affirmative legal obligation, enforceable by … injunction.â€￾).

CONTEND? Hows that one playing out in limines? Showing good faith, we tried to bring in an NMB facilitator (thats pre Section 6 and mediation/arbitration) 2 months ago. Parker didnt go for that.

This may surprise you, but I like the idea of NMB mediation/arbitration track, especially with a Federal Judge looking over our shoulder. Then parker cant hide behind his bad-faith rope-a-dope tactics. But do you really believe parker will let a Federal judge force him into mediation/arbitration if he doesnt want to be there? Hell be in court fighting it til planes are replaced with Mag-Levs.

Oh yeah, I forgot about that cool $70 million.

We havent.

ISSUE #3: Whether, in a reasonably cost-neutral manner, West Pilots
now on furlough can be recalled and East Pilots furloughed in their place.

Plaintiffs Contend: Yes. There are more than enough East Pilots working
in positions for which the West Pilots on furlough are fully trained. There
are more than enough East Pilots flying in and out of the domicile cities to
which the currently furloughed West Pilots were assigned. Any costs to
the Airline from recalling West Pilots and furloughing East Pilots can be
set off against funds that the Airline will soon be due to pay to East Pilots.

And hows that issue going? So all East pilots, even dues objectors, get to pay for training events? YHGTBKM!


QUOTE (cleardirect @ Apr 22 2009, 08:11 AM) *Calling the judge delusional already? I guess it is never to early to find excuses. These were his words in reference to usapa not following a finding of liability against usapa.

No, I said you were delusional: “Quite a stretch, clear. A DFR win=a contempt citation? And you say were delusional?â€￾

(cleardirect @ Apr 22 2009, 08:40 AM) *
Nos, Seham will or should be irrelevant at trial. Usapa is spending huge dollars on a PHL lawyer named Brengle. He is suppose to be the trial litigator. What insults? Are you imagining something? What words in that statement do you find insulting? I never said anything bad about Brengle or his qualifications. It is usapa that brought Bregle in for a reason. To litigate at trial not Seham.

Obviously I was commenting on your constant insults on Seeham. Brengle named trial attorney back in February. Truth is most of the points the judge ruled on were initiated by Brengle. So go ahead and insult him.
Steve
 
The Major/Minor Dispute is not decided in a grievance you have to file against US in Federal Court.

The IAM did this in the airbus outsourcing and won a TRO and major dispute only to have it overturned on appeal and sent to arbitration.

And if you win an arbitration case and the company refuses to adhere to it, once again it goes to court.
 
  • Thread Starter
  • Thread starter
  • #65
I strongly suggest staying on topic.

Metroyet--not funny. I suggest you follow your fellow poster's advice.



Thank you.
 
Are you serious Toga!. I don't read the PHX Crew News, I don't read anything that comes out of the "Temple of Tempe". It's "Frat-boy follie". Post something that has meaning. Otherwise, you're wasting bandwidth.
You just keep that head of yours buried in that hole. Maybe you can hold off reality a bit longer.
 
Yeah, a little bit. You/we appeal, you/we get a hearing or you/we dont. Lose and appeal to the court en banc. Maybe get a hearing there, maybe not. Lose on appeal, you/we go for the Hail Mary to the Supreme Court. Fairly simple. Did I miss any of the possible steps?

You forgot to talk about the bond USAPA will have to post. And you forgot to mention that Wake's remedy will not be held up just because you appeal.

Like I said, unless your brilliant attorney finds fault in Wake's judicial procedure, not liking the verdict is NOT a good reason. But hey, its your dues.

And YOUR agency fees. Thank you, suzie (I know your not suzie).

Haven't paid a dime to USAPA.

PHX crew news. Now theres a keeper. If parker denies us, we file a grievance. After we win and parker still denies us, normally we could go to court for injunctive relief. But by then well be already in Section 6 negotiations. Now its a major dispute, maybe even viewed as company self-help, without NMB permission. No telling where that could go. If parker goes down that road, hes looking for a showdown because hes got something more sinister in mind. As long as were still separate operations, hes got two separate groups he can spin off. Worst case for you, he merges East with UAL and lets his money-losing hubs just disappear. Worst case for us, not sure there is a worst case for us, except more lawsuits. But then youd be suing ALPA, because under the preponderance of membership provisions in NMB rules, once a single-carrier finding, there doesnt even have to be a vote and I get to be an ALPA non-member again. Guess you could collect balance in USAPAs bank account.

Man, I thought that appeal fantasy was up there, but this takes the cake.



CONTEND? Hows that one playing out in limines? Showing good faith, we tried to bring in an NMB facilitator (thats pre Section 6 and mediation/arbitration) 2 months ago. Parker didnt go for that.

Show good faith?!?! You mean USAPA tried to save face. Unable to live up to their pre-election hype, they're now looking for an excuse and you're eating it up. But that's not really surprising.


This may surprise you, but I like the idea of NMB mediation/arbitration track, especially with a Federal Judge looking over our shoulder. Then parker cant hide behind his bad-faith rope-a-dope tactics. But do you really believe parker will let a Federal judge force him into mediation/arbitration if he doesnt want to be there? Hell be in court fighting it til planes are replaced with Mag-Levs.


Funny, I thought all you east guys now had an aversion to med/arbs. And you're right about Parker and the NMB. If you think the NMB is your buddy, you're into another fantasy.
 
Are you serious Toga!. I don't read the PHX Crew News, I don't read anything that comes out of the "Temple of Tempe". It's "Frat-boy follie". Post something that has meaning. Otherwise, you're wasting bandwidth.

Pehaps you should go watch the PHX crew news with Kirby. He says something very interesting in regards to snap back for the East pilots. He gives it odds of " what is a number very close to zero" then goes on to talk about the "seniority cost of pilots".

The second part is what is troubling to me. The company is talking about the fact that pilot groups in the industry have lower cost when they are newer groups. If management within the industry could figure a way to get us all back on newhire pay scales they will do it. Future mergers will not be mergers at all but take the guise of upstarts and if you want a job your longevity clock is going to get reset every 10-12 years, to keep your scales competitive within the industry.

This talk of East merging with United and the West left out in the cold is laughable. Last I heard America West Holding was by far the largest holder of LCC stock. I could picture a scenario in which the West is merged with United and takes with it all of LCC's airbus fleet, (east and west) as the newer West group is insufficient to staff all those airplanes the merged company would have to have new hires, and therefore lower "seniority cost of pilots".
 
I am still fine with separate contract ratification. Do not know how that would work, because it is probably in direct conflict with the USAPA Constitution, but I do not pay attention to that anyway, and neither does USAPA, so lets have seperate ratification. Better yet lets have seperate ratification and anyone who was in good standing at the time the TA was written gets to vote.
The east pilots have been accused of not following the "ta", when, in fact, they have, USAPA constitution notwithstanding. The issue, in my mind, revolves around the separately ratified merger agreements, which, as you suggest, will never be ratified.

I have to agree with you. I believe ALPA dumped both the east and the west, even attempted to arrange events to cause that to occur (trusteeship, etc.). They could see the writing on the wall with the "nic", that there is no way both east and west could ever be accommodated under that turn of events. ALPA is trying to distance themselves. I believe a DFR should be filed against ALPA, the ones who inappropriately submitted flawed lists as well as confidential information. The franchise is failed and ALPA made it easy to leave.

They are watching the west act like little kids, keeping their fingers crossed that the kids don't join up with the east and, properly, IMO, sue them.
 
Last I heard America West Holding was by far the largest holder of LCC stock.

That must have been right after the merger, when AWH stockholders as a group held more LCC stock than any other individual/entity. There's no way of knowing if that is still the case since individual stockholders aren't required to report holdings of less than 5% of outstanding stock.

AWH never held any LCC stock since it became a wholly-owned division of US Airways Group with the merger and issuance of LCC stock that replaced AWH stock.

All that said, any guesses about what the future holds for merger or spinoff transactions is purely speculation. I'm not sure that anything US has is worth the cost to another airline, be they buying the whole thing, or only East or West.

Jim
 
You just keep that head of yours buried in that hole. Maybe you can hold off reality a bit longer.
Perhaps a little age will educate you that public announcements rarely are what they seem. For instance, ask yourself who the intended audience was for Kirby's little brave words. IMO, he is playing the west dudes (yeah, I still surf) and their twisted idea of punishing the east pilots, he is playing the east pilots by lowering their short term expectations of increased compensation, he is signaling other US unions that they will have to fight for new contracts (AFA) and he is reassuring investors/stakeholders that things will stay the same. He may very well believe what he says, it makes the pronouncements more credible, but, as to whether he thinks that is the way things will go, who knows. I would expect nothing less out of my managers. It is a part of business.

Many pilots (both east and west) still think management is here to help the employees out. Management is here to "help out" the corporation (and their pockets), first, our presumption being that the front line employees will benefit from the meager fallout, a presumption not shared by the executives. Case in point. The "On time debacle".
 
No, I said you were delusional: “Quite a stretch, clear. A DFR win=a contempt citation? And you say were delusional?â€
QUOTE (cleardirect @ Apr 22 2009, 08:11 AM) *Calling the judge delusional already? I guess it is never to early to find excuses. These were his words in reference to usapa not following a finding of liability against usapa.


Let’s go back and clarify what this is about.

QUOTE (Freighterguynow @ Apr 22 2009, 07:40 AM) *
Which also means Separate Operations, Membership Ratification with no time line. Period.

The judge addressed that issue in court yesterday.

The words contempt, and damages were spoken. Judge Wake is well aware of the final solution the east has in mind. It would be entertaining to see Cleary frog marched out of CLT by federal marshals under order from a federal judge.

But hang on to that dream. It is about all the usapa has left.

This is not about what I said or my opinion. No need to make it personal. I was quoting the judge’s words regarding a continuing separate ops and disregarding of a ruling against usapa. So it would be the judge that determines if usapa is in contempt of his order. He also mentioned more damages if usapa was not in compliance.

This is not my opinion, desire or delusion but the judge’s opinion and authority.


Obviously I was commenting on your constant insults on Seeham. Brengle named trial attorney back in February. Truth is most of the points the judge ruled on were initiated by Brengle. So go ahead and insult him.
Steve
QUOTE
(cleardirect @ Apr 22 2009, 08:40 AM) *
Nos, Seham will or should be irrelevant at trial. Usapa is spending huge dollars on a PHL lawyer named Brengle. He is suppose to be the trial litigator. What insults? Are you imagining something? What words in that statement do you find insulting? I never said anything bad about Brengle or his qualifications. It is usapa that brought Bregle in for a reason. To litigate at trial not Seham.

Again let’s go back to the origin.

QUOTE (nostradamus @ Apr 21 2009, 10:06 PM) *
The bad acts by west pilots have a great bearing. The nic is not on trial, that would be your strong point, but it is not admissible.

You say alpa is not relevant, the nic is not relevant, the bad acts of the america west pilots are not relevent and the attorney Seeham is not relevant. Sulley and Skiles are not relevant.

Is the attorney and USAPA allowed to show up in court that day, or are you going to trial without them?

My point was Seham by USAPA’s own admission should be irrelevant when the trial starts. If you consider pointing out Seham’s failures as an insult not my problem.

Truth is most of the points the judge ruled on were initiated by Brengle. So go ahead and insult him.

Would that be the 30 out of 33 motions in limine that were denied. I would not call that successful. Again if you consider pointing out failure an insult. I think that you are going to be very insulted for a long time about a lot of things that have to do with usapa.
 
The east pilots have been accused of not following the "ta", when, in fact, they have, USAPA constitution notwithstanding. The issue, in my mind, revolves around the separately ratified merger agreements, which, as you suggest, will never be ratified.

I have to agree with you. I believe ALPA dumped both the east and the west, even attempted to arrange events to cause that to occur (trusteeship, etc.). They could see the writing on the wall with the "nic", that there is no way both east and west could ever be accommodated under that turn of events. ALPA is trying to distance themselves. I believe a DFR should be filed against ALPA, the ones who inappropriately submitted flawed lists as well as confidential information. The franchise is failed and ALPA made it easy to leave.

They are watching the west act like little kids, keeping their fingers crossed that the kids don't join up with the east and, properly, IMO, sue them.
6 month limit on DFR. We are well past that time. It has been a year since ALPA left the property. Time to let go of the boogeyman.
 
I love how the "founding fathers" are so proud of their Union, that they'll do anything not to testify. I guess that whole "under oath" thing might be a problem for them. :lol:
 
The east pilots have been accused of not following the "ta", when, in fact, they have, USAPA constitution notwithstanding.

I believe a DFR should be filed against ALPA.

They are watching the west act like little kids, keeping their fingers crossed that the kids don't join up with the east and, properly, IMO, sue them.

The biggest issue that I personally feel USAPA violated the TA with was the handling of the furloughed East recalled to the West then recalled back East when furloughed from West, and the furloughing of West pilots prior to all newhires. Now I understand there is a grievence for the newhire issue, but there should have been strong, very vocal opposition from USAPA immediately upon the furlough notices. Instead they were more concerned with the precedence of getting those 6 back East and somehow affirming DOH, in violation of the TA.

A DFR has been filed against ALPA by the MDA Pilots. Had Prater held the Nic list one more day the West pilots would have filed a DFR against ALPA, but the West ALPA MEC was reluctant to sue the mothership. Frankly, I would have threatened a lawsuit at the forming of the Rice committee, and served at Wye River! Those....insert explative here.....failed the West pilots almost a grieviously as USAPA. Why do you think the Nic was delivered to the company at the 11th hour just prior to the NMB vote? If they had not delivered the West would have had an open and shut DFR against them, and they knew it!!! They held that list knowing they were doing the West harm and yes a DFR should have been filed!!

I am sure ALPA is watching, but will wait until after Addington to determine if they can get back on property, at which time I hope the East and West do join up and develope a suitable alternative to ALPA.
 
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