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

[767jetz]

Docket Text:
\IT IS ORDERED the Motion [63] is DENIED. Signed by Judge Roslyn O. Silver on 10/26/2010.

Ummm... perhaps someone on the east can let me know if this rises to the level of "spanked."

 

[cleardirect]

On September 10, 2010, the Court granted Defendant USAPA permission to file a
brief of no more than twenty-five pages in support of its motion to dismiss. (Doc. 42). On
September 14, 2010, USAPA filed a thirty-eight page motion. (Doc. 43). Inexplicably,
USAPA interpreted the Court’s order as allowing a thirty-eight page motion, provided
USAPA used different numbering systems for the two sections of the motion. Page limits
cannot be manipulated so easily. USAPA must file a motion of no more than twenty-five
pages. The twenty-five pages is inclusive of any pages devoted to the background facts.
Accordingly,
IT IS ORDERED the Motion to Strike (Doc. 44) is GRANTED. The Memorandum
(Doc. 43) is STRICKEN.

The Court has considered Defendant USAPA's Motion for Extension of Time to Reply to Doc. Nos. 55, 59. The motion is inartfully drawn and lacks good cause for an extension of the reply deadline. IT IS ORDERED the Motion [63] is DENIED. Signed by Judge Roslyn O. Silver on 10/26/2010.(ROS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)

So which one of the usual suspect will be the first to say it? Will it be the usapa spin machine or the web posters that use the B word? Will usapa legal update even mention this little set back or will they ignore it?

I also have to ask the question why is it that Seham can is delaying? Delay for delay sake or incapable of doing the job on time?

 

[hp_fa]

I also have to ask the question why is it that Seham can is delaying? Delay for delay sake or incapable of doing the job on time?

IMO it is a bit of both and both of my reasons have to do with $ as in $eham.

1. SSM&P is not a large firm, especially to be General Counsel, trial counsel, appellate counsel and arbitration counsel of a reasonably large airline. Assume for a second that $eham thinks a spanking is inevitable. If so why expand the size of his firm?

2. Delay is an attorney's friend, especially if the attorney actually fears losing, because 1) clients don't like losing attorneys and 2) potential clients don't like losing attorneys, especially if the attorneys were proven to be fundamentally wrong about the advice, rights and remedies provided to the losing client.

IMO, sooner or later $eham will lose his cash cow. Whether it is when Cleary and the Executive Board are voted out of office, a merger with a larger airline, or if USAPA were to be voted out as bargaining agent. Besides losing a steady cash flow, there are other potential ramifications to SSM&P once any of the above potentially occur.

 

[CallawayGolf]

So which one of the usual suspect will be the first to say it? Will it be the usapa spin machine or the web posters that use the B word? Will usapa legal update even mention this little set back or will they ignore it?

I also have to ask the question why is it that Seham can is delaying? Delay for delay sake or incapable of doing the job on time?

Is it just me or does Judge Silver seem to be significantly less likely to put up with any of $eham and company's lose interpretation of the law and her court room rules? I think USAPA/$eham will very soon be wishing they still had Judge Wake to give them a much wider degree of latitude to make fools of themselves. Silver seems far too hard nosed and no nonsense to put up with anything $eham will bring to her courtroom.

 

[crazystnic]

The transcripts from the transfer hearing are public. Yet no comment from the east posters.

What is it that you east guys like to say? Oh yeah. Grananth got SPANKED in court that day. What was the big argument from usapa? Not legal but the appearance of fairness. Well who are the only ones worried about Wake not being fair? East pilots. Why? Because usapa told you guys that judge Wake was not fair. That he appeared not to be fair. Read the list of rulings that went in favor of usapa. The word appearance was used 9 times.

the motion was denied. Who gives a rats .... about what Wake thinks...

 

[hp_fa]

Is it just me or does Judge Silver seem to be significantly less likely to put up with any of $eham and company's lose interpretation of the law and her court room rules? I think USAPA/$eham will very soon be wishing they still had Judge Wake to give them a much wider degree of latitude to make fools of themselves. Silver seems far too hard nosed and no nonsense to put up with anything $eham will bring to her courtroom.

That is her rep. Also I think she has a pretty good record of not being overturned on appeal.

 

[crazystnic]

First, management wants to sell this pig and luxuriously line their pockets in the process.

Second, as long as the pilots are working under separate contracts, the company is not really salable.

Third, as even the Ninth Circuit opined, it is unlikely that a contract containing the Nic would be ratified in the near term.

Fourth, the company really does not care what seniority list is used. They do not care to be sued, however, by ignorant forces that do not understand the RLA. Ignorance, though destined for ultimate failure, still takes time and money to fight (see Addington vs. USAPA.)

With all this in mind, the company wants itself declared by a court to be immune from such lawsuit. That taken care of, they will likely resolve the single contract issue fairly soon afterward. (The contract will mysteriously resemble the American Airlines pilot contract in terms of compensatory rates of pay.) Since a non-Nic contract is the only one likely to be ratified in the near term, that is the contract the company will sign.

Of course, ignorance will again prevail with another ludicrous DFR suit against USAPA, but the company would not care at this point. They would have what they want, and they won't really care if a group of pilots wants to sue their union. They (and any successor corporation) would be immune, and the LCC could be marketed.

But they need the cover of immunity from the court before they can get what they really want, i.e. obscenely rich from selling LCC.

well said bus driver.. agreed.

 

[crazystnic]

One more hole in your theory is the fact that the above statement (stated as fact), is purely speculative opinion with zero evidence to support. If USAPA were sure of this being a fact, then a NIC contract would have already gone out for a vote to put the issue to rest and PROVE unequivocally that a Nic contract can not be ratified. I bet there hasn't even been an independent third party survey of the pilots by the union, to test the mood and support of various ideas and positions. USAPA has no interest in facts or the truth, hence the lack of effort to pole the members. Absent an actual vote, there is no proof. In fact the absence of a vote itself proves that the union is wary of it's actual lack of support. Especially now that years have past with no improvements or achieved promises. IMO (and the opinion of may others around here), while the base may still be cheering them on, support has slipped drastically from those on the fence and those tired of LOA 93 and facing the possibility of retiring on LOA 93.
[/quote]


you crack me up every time you respond on here. You guys continue to spew how a contract should be put out for a vote, how we never know what would happen.. Are you clueless? we are nowhere near a contract. As i mentioned. the compnay is going to drag this out all the way to self help...
there IS NOTHING TO VOTE ON>.. get it?

 

[hp_fa]

Of course that statement depends on $eham telling USAPA everything that he thinks or believes...

 

[crazystnic]

Cleardirect's quotations from the transcript didn't include what I thought was the real telling point of the Wake/Granath exchange. I'll pickup where Cleardirect left off.



awwww.. we hurt the poor little judge's feelings.. give me a break... he was grandstanding, plain and simple... Kind of like the guy that likes to be heard on the PA

 

[Pi brat]

That is her rep. Also I think she has a pretty good record of not being overturned on appeal.

And Wake wrote the book on appeals, and the 9th surely would have lifted the injunction if they were going to rule in USAPA's favor and the company's filing made Addington ripe and there was a great chance that the damages portion of Addington would go through even though the case was thrown out and........................

We will know when we know.

 

[Pi brat]

Is it just me or does Judge Silver seem to be significantly less likely to put up with any of $eham and company's lose interpretation of the law and her court room rules? I think USAPA/$eham will very soon be wishing they still had Judge Wake to give them a much wider degree of latitude to make fools of themselves. Silver seems far too hard nosed and no nonsense to put up with anything $eham will bring to her courtroom.

You know, when you take a break from posting on here and just step back you see silly some of this is.

Which side spins things? If it is so great that Silver got to keep it why did you lawyers want Wake to have it? Maybe you should switch law firms.

 

[aquagreen73s]

Which side spins things?

2 1/2 years with nothing to show for it, I'd say USAPA is the spinner.

 

[Pi brat]

2 1/2 years with nothing to show for it, I'd say USAPA is the spinner.

Oh, there's something to show for it, how about your side? A bill? both sides spin it to keep the masses believing.

 

[767jetz]

Silver seems far too hard nosed and no nonsense to put up with anything $eham will bring to her courtroom.

This is exactly what I was saying weeks ago. When USAPA supporters claimed that the west somehow lost (got spanked) by not having Wake take the case, I was saying that there is a very good chance that another Judge may keep USAPA on an even shorter leash than Wake did. Looks like that very well might be the case.