I conditionally disagree based on the Court's perception of causing the Company financial damage in any Order, Judgment or Permanent Injunction it may issue. The Court, prior to doing anything that might cause expense to the Company stated that it would need to hear the Company's position prior to any such ruling by the Court. Once the Court has heard and considered the Company's position then I would lift my conditional disagreement.
Hp, its pure fantasy for west pilots to think there will be any mini-winfall of west pilots being recalled, upgraded as an immediate remedy. The judge cannot rewrite the TA. But let them dream on. After all isnt “a deal a deal?†Well, the Appeal will determine that. BTW, weve heard of one union asking for background info so they can file an amicus brief on our behalf. And we will get our appeal. We will be heard. All this “only 5%†are heard is total nonsense. And right now, despite their anonymous postings, Don and Chips revisions of Federal law wont keep this appeal from being heard. Were in for a dime, in for a dollar. This is one that will have to be played out.
Plenty of warm feeling huh? So those west pilots who have not been shy about saying "We never wanted anything to do with you losers", "Things were great around here until we hooked our boat to the Titanic,
It gets kind of old, doesnt it, Pi? The one thing I was surprised about after jury instructions was why it took them a whole 3 hours to reach a verdict. The judge essentially told them how to vote. All the judges decisions, before/during (maybe even after) the trial will be fodder for the appeal. One thing we werent allowed to get in was a potential smoking gun, what the wests own attorney told their MEC back in August, 2005. Essentially, freund told them that they needed a TA more than the east and that the BK judge would never let the east go under. The quote is an eye-opener. Also not allowd in was freunds own brief in July 2007 that the NIC was nothing more than a bargaining position. The 9th Circuit will read about all this and so much more.
The largest single infraction was one of your former West leaders, threatening bodily harm to one of his own West pilots if they tried to join USAPA and become a representative for the West.
I believe characterizing the situation as $100 in phone calls is a slight understatement.
The jury didnt hear any of that threat, but the 9th Circuit will.
nowhere in ALPA merger policy does it call for joint ratification, quite the opposite.
Good point. In fact, no matter how many times I read the TA, I dont see where it calls for joint ratification. Not saying its not there, I just cant find it. If anyone can find it, please quote the section/sub-section.
Immediate implementation is a logical conclusion, however, I would not expect a system equiptment bid to follow. There will still be no bump and flush. Furloughs would be recalled in Nic seniority order, but there will not be displacement.
TA says no bump or flush bid. TA says there cant be any additional costs in seniority integration. Fairly clear to me. So I dont see where all the pie-in-the-sky prognostications are coming from. Wargocky isnt coming back any time soon. And one thing to keep in mind, as weak as it is, the TA sets the floor for hours/furloughs. A new contract may not, potentially leading to even more furloughs/downgrades.
Any legitimate union has nothing to worry about in the upcoming remedy. The fact is USAPA was formed to sidestep an arbitration result. Perhaps the AFL-CIO would pony up money if they felt that a unions right to bargain for the group was in jeopardy, but it is not. Wake will just reaffirm that the bargaining agent has a DFR to all of the workers in the bargaining group.
In regards to who might be willing to invest outside money to support a side, I would think the AFL-CIO would support the West to gaurantee that right of representation. Also, perhaps the American Arbitration Association would like to invest, because if USAPA were to get their way, there would be no need for them anymore, all disputes simply decided by majority rule.
If USAPA is not a legitimate union, why is AWAPA calling for wst pilots to join? Just to set the record straight, Nicolau has become an embarrassment to the NAA (thats the elite group of 890 arbs that ALPA/AFL-CIO uses). Dont confuse NAA with the AAA, which has over 17,000 members. But speaking of AFL-CIO, there will be at least one amicus brief submitted, supporting our position. Interesting reason they will. Please dont forget what the 9th will review. They wont review the jurys decision or the evidence presented at the trial. The Appeals court will investigate procedure, judges instructions, what he wouldnt allow into testimony and our claims of reversible error. AFL-CIO wont support either side financially, only with amicus briefs. El Snoopo
