US Pilots Labor Discussion 4/6- STAY ON TOPIC AND OBSERVE THE RULES

[MUTATIS MUTANDIS]

Cute! I would expect no less and about OUR COC provisions yea! MM!

 

[hp_fa]

The decision reads like this case became a hobby for the judge. An explanation for this seemingly inexplicable award comes from the judge’s harsh criticism of USAPA’s attorneys, the law firm of Seham, Seham, Meltz & Peterson:

USAPA has at various stages misstated law, facts, and procedural history, with frequent recourse to the “contradiction or confusion . . . produced by a medley of judicial phrases severed from their environment.”

As Brendan Sullivan once said, a lawyer is “not a potted plant.” Skillful advocacy is essential to successful litigation. Poor lawyering, much less lawyering that misstates “law, facts and procedural history” (what’s left to misstate?), hurts clients. That certainly seems to be the case here.

If you are going to quote Wilder, then quote Wilder.

 

[Freebird]

Clear, old and the law? you may want to rethnk that one! Were out here on an island, look around you, ths merger touts business travel rev, sorry don't see it in our great hub, ( did you catch OBAMA's last 9th nominee) the best way to reduce labor costs consolidate(merge) would be to sell USWEST OFF( yea tell us again about how good my contract is not combined) he can do it in a minute sign an agreement with USAPA, while I am working for RJET and yes keep UAL pilots happy and reduce labor costs thank you YOUNG GUNS! MM! Intead in 6 years we would own this place now it feels like were fighting in the south pacific and outnumbered by kamakazies.MM

Nice spelling. You sound highly educated as indicated by your posts.

How about this scenario. Doug sells the West to CAL. The East, well, they are too smart for any airline...so he parts YOU out. Some to Spirit, Some to Airtran, Republic...etc. Dont overvalue yourself. Oh yeah, you have PBGC to fall back on.....dont spend it all at once !!!

 

[MUTATIS MUTANDIS]

Hey , think what you think don't have a pbgc unless awe has one, offering a different point of view thanx ! MM!

 

[ThirdSeatHero]

For those placing the foundation of their respective positions on the blogged opinion pieces of Baptiste & Wilder, P.C., you might want to give the firm something more than a casual inspection.

The firm has, and still represents the Teamsters. During the IBT raid of AMFA (Mechanics Class & Craft) at UAL, Baptiste & Wilder, P.C. wrote opinion pieces for the Teamster organizers, some of which were more than suspect.

For instance: Baptiste & Wilder, P.C. wrote one opinion that the UAL MCC would be entitled to open our CBA early simply by voting in the IBT, regardless of the fact that at the time(2006-2008) our agreement wasn't amendable til 1-1-2010.

Through previous exchanges on this board its been alluded to that the Teamsters are the heir apparent if USAPA folds.

Is it that much of a stretch to think that you might be being told that which would put Baptiste & Wilder, P.C/ the Teamsters in the best light?

 

[MUTATIS MUTANDIS]

And your point is! They have a different angle, is it wrong to test it, ( not on this weboard) go ahead the facts, the 9th is on notice, will they kick the can? or will they set the record strait, time will tell but one can only guess, this one aint cut and dry , the RLA , labor law and judicial sentiment are all at play! MM! My guess internal union dispute, but then again mine is a minority OPINION so be it!

 

[BoeingBoy]

My guess internal union dispute

Sure it's an internal union dispute - it's certainly not a disagreement between the union and company or the union and a supplier. That, in itself, doesn't mean that it's not something to be addressed by the courts since it's not a dispute between members with the union acting as the neutral but a dispute between a group of members and the union itself. The alternative is to have the union decide if it is right or wrong - having the defendant determine the outcome would mean nobody would ever be guilty of anything in this country.

The MDA pilots are suing ALPA, but that is also an "internal union dispute." I didn't keep up with it, but a group of US retirees were suing ALPA over loss of the DBP pension I think - another "internal union dispute."

Jim

 

[Be Careful What You Wish For.]

For those placing the foundation of their respective positions on the blogged opinion pieces of Baptiste & Wilder, P.C., you might want to give the firm something more than a casual inspection.

The firm has, and still represents the Teamsters. During the IBT raid of AMFA (Mechanics Class & Craft) at UAL, Baptiste & Wilder, P.C. wrote opinion pieces for the Teamster organizers, some of which were more than suspect.

For instance: Baptiste & Wilder, P.C. wrote one opinion that the UAL MCC would be entitled to open our CBA early simply by voting in the IBT, regardless of the fact that at the time(2006-2008) our agreement wasn't amendable til 1-1-2010.

Through previous exchanges on this board its been alluded to that the Teamsters are the heir apparent if USAPA folds.

Is it that much of a stretch to think that you might be being told that which would put Baptiste & Wilder, P.C/ the Teamsters in the best light?

Something to consider:

BAPTISTE & WILDER, P.C.
ATTORNEYS AT LAW 1150 CONNECTIClIT AVENUE, N.W., SUITE 500 WASHINGTON, D.C. 20036
April 7, 2010
Edward J. Gilmartin General Counsel
Association of Flight Attendants - CWA 501 Third Street, N.W.
Washington, D.C. 20001


Dear Mr. Gilmartin:

I am writing on behalf of the International Brotherhood of Teamsters, Airline Division in response to your electronic mail dated April 6, 2010 in which the Association of Flight Attendants, purportedly on behalf of "former Midwest flight attendants", demanded the Airline Division initiate a seniority integration process between the flight attendants employed by Republic Airlines, represented by the IBT, and "former Midwest flight attendants."

The AFA has no standing to assert a claim on behalf of flight attendants employed by Midwest Airlines. The National Mediation Board extinguished the certification of the AFA for the craft or class of flight attendants of Midwest Airlines on April 6, 2010. Accordingly, the IBT will not deal with the AFA concerning an alleged right of seniority integration held by Midwest flight attendants.

Further, the "Bond-McCaskill Amendment" has no application to the transaction between Republic Airways Holdings, Inc. and Midwest Air Group, Inc. That provision applies only to "covered transactions", defined as "a transaction for the combination of multiple air carriers into a single air carrier." No such transaction occurred here. Republic Airways Holdings, Inc. is not a carrier so its acquisition of Midwest Air Group, Inc. (likewise not a carrier) is not a covered transaction. Midwest Airlines was not combined with any other carrier owned by Republic Airways Holdings. Rather, Midwest Airlines permanently ceased operation in November 2009 and later surrendered its operating certificate to the relevant regulatory bodies.


BAPTISTE & WILDER, P .C.
Mr. Gilmartin April 7, 2010
Page 2of 2


There also was no combination of crafts or classes as required under the Bond-McCaskill amendment as none of the carrier subsidiaries of RAH employed the Midwest Airlines flight attendants as a craft or class. In fact, nearly all the members of that craft or class remained unhired after Midwest Airlines ceased operations.

Accordingly, the law does not require a seniority integration process between the "former Midwest flight attendants" and flight attendants employed by Republic. The IBT will not initiate nor participate in such process.

Very truly yours,
BAPTISTE & WILDER, P.C.

William R. Wilder

Is there a "US Airways" Holding company?

 

[Phoenix]

USAPA never got a Call because they are a worthless JOKE led by a Bi-Polar, narcissistic idiot. Cleary and this fumbling/bumbling fake union with No leadership or LEGAL direction is not worth the 10 cent call. Parker isn't ever going to ask USAPA for anything because he knows for a fact he can just bulldoze through or around these dumbasses. USAPA garners ZERO respect for any worthwhile entity. Parker would sooner call a random homeless person for merger guidance before any one of the cross-eyed failures in the fake union.

USAPA has NO RELEVANCE!!

Everything you say must be true. After all, what else on earth could be the genesis of your unending streak of contentment?

 

[BoeingBoy]

I suspect that their claim of the transaction not being a covered transaction because it was between the holding companies would NOT hold water in court since the intent of Congress was clearly to cover the merging of airline employees even though they are usually employees of a division of a holding company. The law came about because of the merger by acquisition when AMR (not AA) bought TWA LLC.

Jim

 

[Be Careful What You Wish For.]

I suspect that their claim of the transaction not being a covered transaction because it was between the holding companies would NOT hold water in court since the intent of Congress was clearly to cover the merging of airline employees even though they are usually employees of a division of a holding company. The law came about because of the merger by acquisition when AMR (not AA) bought TWA LLC.

Jim

Their letter would seem to justify whatever position they are being paid to represent.

Imagine that.

 

[BoeingBoy]

Absolutely, and what a surprise

Jim

 

[cleardirect]

For those placing the foundation of their respective positions on the blogged opinion pieces of Baptiste & Wilder, P.C., you might want to give the firm something more than a casual inspection.

The firm has, and still represents the Teamsters. During the IBT raid of AMFA (Mechanics Class & Craft) at UAL, Baptiste & Wilder, P.C. wrote opinion pieces for the Teamster organizers, some of which were more than suspect.

For instance: Baptiste & Wilder, P.C. wrote one opinion that the UAL MCC would be entitled to open our CBA early simply by voting in the IBT, regardless of the fact that at the time(2006-2008) our agreement wasn't amendable til 1-1-2010.

Through previous exchanges on this board its been alluded to that the Teamsters are the heir apparent if USAPA folds.

Is it that much of a stretch to think that you might be being told that which would put Baptiste & Wilder, P.C/ the Teamsters in the best light?

I read that blog as nothing more than a job application for when Seham gets fired. Wilder points out all of the mistakes that Seham made, tells the east pilots that he could have gotten you what you want. But because Seham screwed it up there is nothing that he can do now.

So hire B&W and he can make everything OK for the east pilots.

 

[cleardirect]

Hey , think what you think don't have a pbgc unless awe has one, offering a different point of view thanx ! MM!

What?

Do you just put random words together?

 

[Richard]

Folks,

Stop the personal attacks and insults NOW. I just deleted one post after deleting a bunch earlier this evening.

Next personal attacks gets a MIN 21 day suspension, and could jeopardize this thread for the rest of the week...

We've had enough.