Clear,
The east is going to get the MONEY! Take a look at LOA 84 and go down to WAIVER. It will talk about a change of control. BOOK RATES! Section 1 Scope will also have your head spinning 4.5% raises year over year until it gets put together. I wish you guys would have bought us, because we would have been kicking butt on the money issue. Obviously, AWA didn't acquire US! Look, we don't really care what guys or girls like you think. We are protected by our Scope clause. How about yourselves? It is just a matter of time.
Now back to the other stuff. LOA 93 pay restoration is going to happen. The Desert Judge's law school project is about to get tanked by the 9th. The judge really should have paid attention to the RLA. Internal Union Dispute. Nothing concrete! Premature Adjudication. Wilder got this one right on the money....he spanked Vasin on his blog.
Back to the CHANGE of CONTROL thing............it will happen! Team Tempe, just like your desert judge has taken this thing as far as they could.
Hate
the Association shall, in addition to all other rights, thereupon have the right in
1©
Scope
Successorship and
Labor Protection
Section Page
24
1 its sole discretion, upon written notice to the Company within 60 days of written notice of
2 such transaction, to extend the duration of the Agreement for one, two or three years at
3 the Association's option, past the amendable date of the Agreement with across-the-board
4 wage increases of four and one half percent (4.5%) on January 2, 2003 and each annual
5 anniversary of the amendable date thereafter (i.e., on January 2, 2004, January 2, 2005,
6 January 2, 2006).
Is this the paragraph that you are pointing to with glee and wonder?
Interesting how you just tanked your case before you got started.
I wish you guys would have bought us, because we would have been kicking butt on the money issue. Obviously, AWA didn't acquire US!
That defines change of control. So are you going to argue that AWA did buy US Air and therefore make a liar of all that have said for 5 years that we did not or are you going to now change positions and say that we did but US Air?
You guys might want to find someone else other that some Cracker Jack box lawyer to read this section. You all do know what 60 days means right?
, upon written notice to the Company within 60 days of written notice of such transaction
The transaction took place in 2005 WAY, WAY , WAY past your 60 days SOL. Yes SOL stands for statute of limitations or in this case So out of luck. Your grievance is not ripe is has past ripe it has past stale and it has past rotted. This change of control is dead buried and turned to dust in the grave.
You guys need to face reality. There is no way around the Nicolau, there is no other money coming except through a new contract that includes the Nicolau. Once you guys get that idea through concrete skulls we will finally be able to move on.
This is just one of those lame brained ideas meant to distract the easily distractible.
Riddle me this. Where were the other unions that were promised to come out to the ninth with friend of the court briefs in support of USAPA? How is that Title VII and EEOC age discrimination suit working for you.
To even attempt to get anyone’s hopes up that a change of control will work is absolutely and completely irresponsible if this is coming from anyone in any sort of leadership position at the union. It is complete waste of resources and a misappropriation of funds to go any further.
What is it going to take to make you guys understand reality? The company is done playing with USAPA. What do you think that letter was all about? USAPA has crossed over from being a bother to frivolously dangerous. They put up with an expensive arbitration once do not expect them to do it again. The RICO suit was way out of line and USAPA had pushed it beyond reasonable. Expect pushback.
This union and some of it's supporters are acting like spoiled little rich kids demanding their way and an absent parent allowing them to terrorise those around them.
This will end badly for the current leaders of this association.
