US Pilots Labor Discussion 10/13-- STAY ON TOPIC AND OBSERVE THE RULES

[hp_fa]

Granath didn't answer because the answer was already in the record. On July 17, 2009, Defendants filed a motion for a new trial, docket # 590. Execerpts are provided below. Nick Granath knows, as does judge Wake, that the items spelled out in docket #590 are very telling and indicate bias. If it comes to a real discussion of bias in what ever procedure the court uses docket #590 will be the main source of contention.

Thank you for your answer.

Two things come to mind. One, none of those things shows a judicial bias against USAPA, simply that the judge didn't accept their rationale under the circumstances. Second is that Granath had a clear opportunity to state, or restate, the points you bring up. Judge Wake made it clear that he had also ruled on numerous points against the Addington plaintiffs and mentioned those rulings into the record. He repeatedly asked Granath for any evidence that he was judicially biased against USAPA other than having made rulings against them. Granath did not offer any evidence or points to substantiate the claims. If and when USAPA Legal publishes the transcript I encourage you to read it. I don't have access to a transcript, but I was there in court watching how it played out.

Once again, thank you for your response.

 

[Al Legheny]

You did read document 648 right? The one where usapa accused Wake of all the biased. I understand that Granath did point to that document. But when questioned he folded. He could answer none of the accusations.

Thank you for point that one out. I had forgotten about Dkt#648. It doesn't really matter, it is on record along with Dkt#590.

I believe that the net result will be that judge Wake will not accept transfer of this case. It will go to judge Silver, who most likely will dismiss.
The dimissal will be based on general Railway Act doctrine of non-interference in negotiations and commentary from the 9th in Addington. Plaintiffs also have a writ pending with SCOTUS and a premature ruling from a lower court could interfere with that.

If plaintiffs are firm in their convictions, then a case can be filed in DFR II at the conclusion of bargaining, when a contract is finally ratified that does not contain the Nic.

 

[nic4us]

Take a deep breath, be polite during the NAC's upcoming PHX update/education brief on the 20th, and ask intelligent questions.

Concentrate of being a good union pilot and support your brothers and sisters that are devoting WAY more hours a month than you are flying the line, on critical committees. Support your NAC and Strike Prep Committees, now's when they need it.

Mike
DOH 1989

Mike,

First, I am not so sure the NAC will even have an audience in PHX on the 20th. The West is pretty uninterested in anything usapa has to say, much less offering suggestions of how to mitigate usapa's failure of its DFR against us.

Second, the NAC is in direct violation of the intent of the TA, has no West member, and is about to be told to take a hike by the NMB.

Third, the strike prep committee, can join up with the ad hoc committe on stealing profit sharing, and go jump in the pile of useless usapa committes that have no chance of success.

Sorry to hear there are pilots wasting their time on usapa's frivolous endeavors. If usapa decides to drop its campaign of benefiting the east at the West expense, it just might survive a representation election.

 

[exB717Flyer]

Wake just ruled: the case stays with Judge Silver. Fine by us. But the Easties can gloat for a while anyway.

 

[nic4us]

If plaintiffs are firm in their convictions, then a case can be filed in DFR II at the conclusion of bargaining, when a contract is finally ratified that does not contain the Nic.

Plaintiffs are firm in their convictions, but if the company's action is dismissed, DFRII would be filed once the Supreme Court denies Addington.

You are correct in that the Supremes might turn down Addington, because resolution is still pending in lower courts.

The company has demonstrated its wish to reconcile the pilot group by filing its action. If its case is dismissed, DFRII will be prior to any unobtainable contract, and will accuse usapa of intentionally forcing seperate ops to benefit the east at the West expense. Damages accruing since Aug 2008.

You see, under ALPA and seperate MECs, the east had the trump card of not ratifying a contract containing the NIC. But once the east voted in usapa, they took on the duty of fair representation owed the West. Now forcing seperate ops violates that duty.

 

[cleardirect]

OK judge Silver.

What will the excuse be this time?

More bias. Another unfair judge? usapa going to go after a women again like they did for dues?

What will it be this time?

 

[luvthe9]

Wake just ruled: the case stays with Judge Silver. Fine by us. But the Easties can gloat for a while anyway.

No suprise there!! really nothing to gloat about it was a no brainer.

 

[nic4us]

Wake just ruled: the case stays with Judge Silver. Fine by us. But the Easties can gloat for a while anyway.

Gloat all they want, Wake just denied them further delay.

Hi-yo Silver away!!!

 

[Suge Knight]

.... But once the east voted in usapa, they took on the duty of fair representation owed the West. Now forcing seperate ops violates that duty.

i could be mistaken, but didn't "the us airways pilots" vote in usapa??

 

[nic4us]

i could be mistaken, but didn't "the us airways pilots" vote in usapa??

You are correct. The LCC pilots voted in usapa, and usapa has a DFR toward all its pilots.

That is and always was, the gaping hole in Seham's, "we will buy DOH with a cost neutral contract" plan.

 

[GorgeousGeorge]

Plaintiffs are firm in their convictions, but if the company's action is dismissed, DFRII would be filed once the Supreme Court denies Addington.

You are correct in that the Supremes might turn down Addington, because resolution is still pending in lower courts.

The company has demonstrated its wish to reconcile the pilot group by filing its action. If its case is dismissed, DFRII will be prior to any unobtainable contract, and will accuse usapa of intentionally forcing seperate ops to benefit the east at the West expense. Damages accruing since Aug 2008.

You see, under ALPA and seperate MECs, the east had the trump card of not ratifying a contract containing the NIC. But once the east voted in usapa, they took on the duty of fair representation owed the West. Now forcing seperate ops violates that duty.

Good luck with that and the money wasted there. If USAPA was asking for the moon in their proposals, you might have an argument. Since all of their asks at the bargaining table are industry average and not industry leading proposals any delay in obtaining a contract really would look to lay squarely at the feet of US Airways.

 

[No Land Green]

Good luck with that and the money wasted there. If USAPA was asking for the moon in their proposals, you might have an argument. Since all of their asks at the bargaining table are industry average and not industry leading proposals any delay in obtaining a contract really would look to lay squarely at the feet of US Airways.

I agree with your statement above. There is no good reason why Management can not close every other section of the contract, while the Section 22 contention goes through the process of solution.

 

[767jetz]

Wake just ruled: the case stays with Judge Silver. Fine by us. But the Easties can gloat for a while anyway.

I don't really see that there's anything to gloat about. Having the case heard by Wake was just an opportunity for entertainment, watching the USAPA circus tap dance in Wake's courtroom again. Wake or Silver, doesn't really matter. The company's case goes forward one way or another. If it is dismissed, then USAPA wins some breathing room, and I'm sure the gloating will commence. That is, until they find out that the company will still stick with Nic.

IMO Silver is probably a better option simply because it denies USAPA one more thing to whine about if it doesn't go their way. I still haven't heard any explanations from the east as to why they are opposing the case in the first place, since around here many claim it is just a stalling tactic, the outcome of which is already predetermined.

 

[No Land Green]

That is, until they find out that the company will still stick with Nic.

I remember Kirby telling the West Pilots in their last crew news video that they should have "compromised" with the East in regards to seniority.

 

[luvthe9]

I don't really see that there's anything to gloat about. Having the case heard by Wake was just an opportunity for entertainment, watching the USAPA circus tap dance in Wake's courtroom again. Wake or Silver, doesn't really matter. The company's case goes forward one way or another. If it is dismissed, then USAPA wins some breathing room, and I'm sure the gloating will commence. That is, until they find out that the company will still stick with Nic.

IMO Silver is probably a better option simply because it denies USAPA one more thing to whine about if it doesn't go their way. I still haven't heard any explanations from the east as to why they are opposing the case in the first place, since around here many claim it is just a stalling tactic, the outcome of which is already predetermined.

Nobody is gloating over here, the only circus to watch is the west attorneys, if I was a westie I would be pretty ticked off wasting money on these guys. I felt embarrased for them last time it was a pitiful display in front of Wake, gees we even sent our third sting team last time. the company will not use the NIC that's another no brainer, that would be the end of this place. but you go on and put your spin on things that's what you do best.