- Jun 14, 2008
- 277
- 27
Old and wrong. Well examining what we have said from the beginning we have been correct. Final and binding means final and binding. A jury and federal judge now say so. Integrity does matter. No one can argue against that. Living up to ones word is a matter of integrity.]
It is "old and wrong" because you say so. That is so typical. Judges can and sometimes do the wrong thing and everyone knows juries are not right 100% of the time. Hence the appeal to the 9th.
[Yes usapa is the legal union but that does not make it legitimate. The purpose of it’s inception was illegitimate. To get out of arbitration and to disadvantage the west pilots. See the judge’s findings of fact document. That is what he said.]
That is parsing by you in order to obfuscate. I repeat: The entire world can read this forum and people can make up their own minds as to wx or not you are right.
[So yes the west has been obstructing usapa from doing what usapa was designed to do. Disadvantage the west. Plus as members it is our legal right to oppose a direction that we disagree with if the union is going in the wrong direction.]
That is your opinion of USAPA's reason d' tet however, did't you West pilots try to get rid of ALPA a couple of times?
[You are right that none of us know what the courts will do just like we did not know what Nicolau was going to do. If the east MC had taken that attitude a little more seriously maybe we would not be in this position. If the MC had realized that DOH was not going to happen instead of assuming that it had to be that way. When Nicolau told the MC that they were not going to get DOH then was the time to compromise, not now.]
I know I am right about NOT knowing what the Courts will do so thank you for recognizing that. You don't know how this will turn out either.
[We do not know what the court will rule but we can take an educated guess. When we first went to court DFR’s are hard to win but we knew we had a good case. Better than average, so something over 50%. After we began to see the filings and the legal theories from Seham those odds started going up. In the end the west prevailed.]
Your "educated guess" is still just a guess.
[Now in the ninth circuit the statistics speak for themselves. The court of appeal does not rule on the merits of the case or the outcome. They rule on how the judge did his job. Judge Wake does his job very well. The statistics in the ninth are that 95% of the time they uphold or agree with the judge and jury. So we don’t know but the chances are 95% on the west side that we will win this case. The odds get even longer to even see the SCOTUS.]
Again, that is your opinion which counts for naught in the same way mine does. Naught.
[You may not agree with the west “mantra†but we have been right more time than we have been wrong. One last thing, before you start pointing finger at the west about how nasty some posts have been. Take a look at some of the east posts. Figure out how many east posters have seen the corn field. Being right tends to reduce the stress and keep the posts reasonable where some east posts are shrill and downright vicious and nutty.]
The above is your opinion. School is still out until the 9th rules.
[We don’t now how the court will rule but we have a very good idea. Besides even in that 5% usapa wins the appeal. It only sends it back from a retrial before judge Wake. He knows the facts. A win on appeal does not end this in USAPA’s favor. It only continues the delay further.
Bingo on "we don't know how the court will rule" The rest of what you wrote above is more of your speculation.
You failed to mention the intent of my post and that is when people who either don't have an opinion on this subject read here, they see a distinct difference in tone and manner East vs. West. After a time, one could deduce that the West is whisting past the graveyard, hoping that if they say something loud enough and strong enough that they will get their way. Au contraire!