US Pilots Labor Discussion 6/29- STAY ON TOPIC AND OBSERVE THE RULES

[informed]

A Rico case against the America West pilots is ongoing. I have provided a link to the court arguments.


RIco case against the America West Pilots

 

[700UW]

The company did it several years ago to fleet service.

 

[informed]

If you have the data for each hub please show us. I don't believe the company has published that since about 2007. Unless you have some modern info how about letting the past go?

You would not be able to handle the truth of such findings.

 

[informed]

A Rico case against the America West pilots is ongoing. I have provided a link to the court arguments.


RIco case against the America West Pilots

 

[cleardirect]

File away Metro. You guys are targets in the wide open. You will be taken down by Seham handily. Jacobs has totally blown this case. All that money wasted, with college coming on soon. I can't wait to see the perplexed looks on the judge and jury visages when the "harm" is revealed. Be good Americans. Work for your careers. Don't try and take what you have not put time in for.

The only thing that the ninth said was that the case was filed to early. Nothing more nothing less.

You might want to read the MDA filings that finally were released. Have a look at what they say about ripeness and SOL.

First, all of the MDA pilots knew by no later than January 24, 2006, that their
information would be listed in the way they now claim was “erroneous.” The limitations period
for duty of fair representation claims is six months, so any claims based on “erroneous” data
would have to be filed by July 24, 2006. The Plaintiffs first raised this claim in a June 22, 2007
letter to the Court requesting a pre-motion conference; accordingly, the claim is time-barred.

Second, the undisputed evidence clearly shows that the merged seniority list has
not been implemented. Indeed, the primary goal of the new union for the US Airways pilots is to
prevent that list from ever being implemented, and the matter is currently the subject of litigation
in the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth
Circuit. Thus, Plaintiffs have not suffered any injury and the case is not ripe for judicial review.

Does any of this sound familiar? You all crow about how Dr. Jacob is wrong. What say you about the MDA guys? Are they wrong? Did they file to late? Did they file to early? Did the MDA guys just waste their money? Wait 5 years to be told to bad, so sad. Go away!

 

[cleardirect]

With the name informed I would think that you would be a little better informed. That case was dismissed with prejudice.

Quick question. Are you on part time or full time flight pay loss from usapa to post here? Shills are usually a little smarter. When I asked one of the defendants for that little audio I was told that you had to send away to the fourth circuit unlike the ninth that publishes. Seham is listed as getting one of those recordings. So unless you sent away you got that little diddy from Seham or a usapa official to publish here. Nothing like a little under cover misinformation. What a way to spend pilot dues.

VII. CONCLUSION
The Plaintiff’s allegation that the Defendants’ purpose is to “destroy
USAPA” undermines the Plaintiff’s RICO claims in two respects. By
asserting that the Defendants’ goal is the destruction of the Plaintiff itself,
the Plaintiff fails to meet the continuity requirement of RICO and also fails
to allege adequately an essential element of extortion, namely, that the
Defendants seek to “obtain” the Plaintiff’s “property.”

Accordingly, IT IS, THEREFORE, ORDERED that the Motion to
Dismiss of Defendants XXXX and the Motion to Dismiss by Individual
Defendants XXXX and Joinder in
Case 3:08-cv-00246-MR-CH Document 97 Filed 07/11/2008 Page 46 of 48
47
Motion to Dismiss Filed by AWAPPA Defendants [Doc. 77] are GRANTED
to the extent that Counts One and Two of the Amended Complaint are
DISMISSED WITH PREJUDICE pursuant to Rules 12(B)(1) and 12(B)(6) of
the Federal Rules of Civil Procedure.

Because the federal claims asserted by the Plaintiff have been
dismissed, the Court declines to exercise supplemental jurisdiction over
the Plaintiff’s state-law claims (Counts Three through Eleven) pursuant to
28 U.S.C. §1367(c)(3), and accordingly, IT IS FURTHER ORDERED that
these claims are DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that the Plaintiff’s Motion for Leave to
Amend First Amended Verified Complaint [Doc. 80] is DENIED as futile.

IT IS FURTHER ORDERED that to the extent that the Motion to
Dismiss by the Individual Defendants [Doc. 77] seeks dismissal of these
Defendants for lack of personal jurisdiction and improper venue, such
Motion is DENIED AS MOOT.

IT IS FURTHER ORDERED that the Plaintiff’s Motion for Temporary
Restraining Order and Preliminary Injunction [Doc. 63] is DENIED AS
MOOT.

 

[Mr Furlough]

You said "I was in fact recalled from furlough some 7 months prior to Nicolaus decision that indecated that I didn't bring a job to the merger?!?". That sounds like picking a date - your recall date. Or at least a time frame after your recall date. The date an arbitrator issues his/her decision has nothing to do with the merger. The length of time depends on how long negotiations go on prior to deciding to use a mediator, and then how long mediation lasts before agreeing to us an arbitrator. Once it's decided to use arbitration, how much testimony the two sides give and the arbitrator's schedule are also variables.

That's why the arbitrator deals with the certified seniority lists presented by the MCs and nothing else. The certified lists are supposed to be accurate as of the PID (under ALPA) or the actual merger date. The only updating of the lists is when producing the combined list, and that's limited to removing those who retired, died, or otherwise permanently left the employ of either airline.

Jim

Jim,

Not so my friend. The PID is something that is agreed upon by the two pilot groups (under ALPA you correctly point out). However, the date historically holds no real value. It is mearily a snap shot of the two list at a given time-to create a baseline. Whether or not it is actually applied is a part of the process.

Best...

 

[informed]

With the name informed I would think that you would be a little better informed. That case was dismissed with prejudice.

Quick question. Are you on part time or full time flight pay loss from usapa to post here? Shills are usually a little smarter. When I asked one of the defendants for that little audio I was told that you had to send away to the fourth circuit unlike the ninth that publishes. Seham is listed as getting one of those recordings. So unless you sent away you got that little diddy from Seham or a usapa official to publish here. Nothing like a little under cover misinformation. What a way to spend pilot dues.

Your statement sir, " When I asked one of the defendants for that little audio I was told that you had to send away to the fourth circuit unlike the ninth that publishes."

Your own America West Pilots cactus 18 web site provided this to you, click here.

This Rico case against the actions of the America West pilots is now being decided in the 4th circuit court of appeals. I provided a link to the oral arguments.

Oral arguments audio, Rico claim against the America West Pilots,

The dismissal in the lower court is totally irrelevant at this point in time, sir. I provided the link to the appeals court audio so others can base their opinions on facts, not emotional uninformed opinions, as you so eloquently provided.

 

[Metroyet]

Your side was DECIMATED by Seham and the fake union. Put your time in like real Americans. Stop trying to use quotas and butt in front of others. Artificial seniority does not fly with honest Americans.

Honest Americans and the Fake Union should never be mentioned in the same paragraph. It's insulting to the basic Integrity of our collective histories. I'll say this again as you seem to want to ignore it. When ripeness was not an issue, Seham and the fake union, (led by those that can't hold a candle to picket line crossers ) was eviscerated by a Jury of 9 neutral, average Americans...inside of 90 Minutes.

Permanent Injunction followed.

Guess what will happen again after ratification? Although there will never be anything to ratify...read the PHX update and honest ask yourself if it isn't the truth. I know how much you hate the truth but sometimes it needs to be acknowledged. How many Federal Judges do you need to tell you that Seham is flat out lying to you? Oh well, If you're OK with flying a 330 to Europe from the left seat for less money than a Spirit 320 Capt. makes I guess it's your call.

In your world that's a "win". I'm starting to understand why the furloughees that returned after all those years were apparently unemployable anywhere else.

 

[kubotapilot]

I'm starting to understand why the furloughees that returned after all those years were apparently unemployable anywhere else.

Not the furloughees, but the majority of the America West pilots were NOT employable anywhere else. I still have friends in the west that agree with this fact. HP was where you applied if no one else would take you.

 

[Richard]

Time for another reminder.

One of you has a week off to think about the consequences of insulting other members...

That said, there will be NO further discussion of a liquidation which never happened. It is IRRELEVANT to this discussion and is dangerously close to the old who saved whom argument which is prohibited in this thread. It's like a broken record already.....enough.

 

[MUTATIS MUTANDIS]

Did the zanzibar file get opened? That would be no. So continuing to bring it up is a waste of time. Did US Air liquidate? No Would you like to continue to talk about it?

If you have the data for each hub please show us. I don't believe the company has published that since about 2007. Unless you have some modern info how about letting the past go?

But if you must talk about it. How much did LGA make or lose? How much did PIT make or lose how much did BOS make or lose?

Maybe you think the company closed ts because they were making too much money. Give it rest. The year is 2010 deal with the here and now.

I didn't one of your compadres did, and like those hubs PHX aint to far behind, I don't live in the past ,but as your recollection of it (unbiased facts) sure seems foggy to us, as for 2010 USAPA is dealing just fine , thanx for the dues money, remember it is a % of our salaries best money we ever spent! MM!

 

[MUTATIS MUTANDIS]

Your statement sir, " When I asked one of the defendants for that little audio I was told that you had to send away to the fourth circuit unlike the ninth that publishes."

Your own America West Pilots cactus 18 web site provided this to you, click here.

This Rico case against the actions of the America West pilots is now being decided in the 4th circuit court of appeals. I provided a link to the oral arguments.

Oral arguments audio, Rico claim against the America West Pilots,

The dismissal in the lower court is totally irrelevant at this point in time, sir. I provided the link to the appeals court audio so others can base their opinions on facts, not emotional uninformed opinions, as you so eloquently provided.

Thanx for bringing CLEAR updates for 2010 on the RICO! MM!

 

[cleardirect]

The dismissal in the lower court is totally irrelevant at this point in time, sir. I provided the link to the appeals court audio so others can base their opinions on facts, not emotional uninformed opinions, as you so eloquently provided.

The dismissal is NOT irrelevant. It is the fact today as we stand here. What I posted is NOT emotional uniformed opinion it is the judges ruling.

The case has been dismissed with prejudice. The federal judge in NC found that usapa and Seham did not even have enough of a case to go any further. Not even enough to start the trial. Until and unless the fourth changes it the west pilots falsely sued for RICO have been dismissed. NO case.

Have any idea what happens if the forth does reverse? Have any idea how much dues money usapa has wasted to get thrown out of court?

That case was thrown out two years ago. So you bring up a dismissed case for what reason? Changing the subject perhaps?

BTW where is that DOH contract you all think that you won from the ninth? How much longer are we going to wait for that?

 

[cleardirect]

I didn't one of your compadres did, and like those hubs PHX aint to far behind, I don't live in the past ,but as your recollection of it (unbiased facts) sure seems foggy to us, as for 2010 USAPA is dealing just fine , thanx for the dues money, remember it is a % of our salaries best money we ever spent! MM!

What has that return on investment been? Still working under LOA 93. Still the lowest paid major pilots. Got sued for DFR in the first 6 months and spent over $3 million defending yourselves. That is still not over. Still hoping that Parker will play nice and "give" you DOH.

The grievance record is spotty at best.

No really how has usapa been the best money you spent? What has been the return?