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

[oldiebutgoody]

The 9th put a gun to our heads? Holy cow are you folks in for a very rude awakening.

By the way, there is this little thing that I believe is now law, called the McCaskill-Bond amendment. And while it may not apply to our merger which took place before the bill was enacted, the arbitrated Nicolau award would certainly meet the criteria of a "federally mandated arbitration", with respects to that law...

That's another hoot! It either is or isn't. There isn't any "meets the criteria for". Whenever I read something new about this case, I wonder if the West's lawyers even know what they are dealing with, or if they've been fed a pile of cr@p by their clients.

This entire "internal process" took place YEARS before McCaskill-Bond was law. The arbitrator WAS NOT briefed on it's requirements to abide by the Allegheny-Mohawk precedent, which is part of the law, and generally goes DOH/LOS. Plus, since both sides were represented by ALPA, the M-B law wouldn't even apply.

It's your lawyers that need to wake up.

 

[luvthe9]

Is there a venue for the East pilots to contribute to AOL? After all, they are plowing new legal ground with each endeavor they undertake, and it is benefitting the East, so we might as well kick in a few bucks. What was with the "Federal Arbitration " move? Those kids clerking for the en banc must be having a good laugh going through that one. Between Wake, and now this, they must be giving each other those priceless looks. That was a classic. Somebody needs to read Baptiste and Wilder, again. That RLA Blog is a gem. Would save you countless $$$ if you would check it out.

 

[MUTATIS MUTANDIS]

The word on the street is that soon there will be a new level. Un-obtanium.

You will get a villa on Pandorum, you will learn to speak Navu, and after they lock you in a turbo-charged tanning bed you will be able the interact with the natives, ride flying dinosaurs, and have great adventures.

Geeze... I just might have to sign up myself....

That was absolutely worth a second read! I won't be able to look at those BADGE BACKERS in PHL, and CLT, without laughing again! MM!

 

[luvthe9]

You didn't think that petitioning for damages in a dismissed case was enough?

What do you want for a couple o' mil?

Another classic. What on earth is going on with the legal braintrust? You better get Jacobs back to cardiac recurrent and get him back where he might belong. Isn't there anybody out there on the line with common sense enough to know there is no "damage" until there is harm? There is no "harm"until there is an agreed contract. There are especially no damages in a dismissed case. This is the most amazing move of all. I am actually starting to feel bad for you when I see what they are doing to you, and you have to pay them.

 

[oldiebutgoody]

Another classic. What on earth is going on with the legal braintrust? You better get Jacobs back to cardiac recurrent and get him back where he might belong. Isn't there anybody out there on the line with common sense enough to know there is no "damage" until there is harm? There is no "harm"until there is an agreed contract. There are especially no damages in a dismissed case. This is the most amazing move of all. I am actually starting to feel bad for you when I see what they are doing to you, and you have to pay them.

I'm beginning to wonder if the West's legal team might be based in Nigeria, and promised somebody big money if they would wire money directly to their account.

 

[Pi brat]

Another classic. What on earth is going on with the legal braintrust? You better get Jacobs back to cardiac recurrent and get him back where he might belong. Isn't there anybody out there on the line with common sense enough to know there is no "damage" until there is harm? There is no "harm"until there is an agreed contract. There are especially no damages in a dismissed case. This is the most amazing move of all. I am actually starting to feel bad for you when I see what they are doing to you, and you have to pay them.
[/quote

You guys don't get it. It's their birthright! I mean look, they were checking out as captain at 7 years and things never went backwards at AWA(jut ignore that little 747 and Ch11 thingy). This all started when Seeham and Bradford got in the van and drove out to PHX, putting a gun to Parker's head and told him he would do this merger so we could screw the west pilots.

Seriously, I'm a little lost on the idea of having damages if the trail never should have happened. Does anyone know where I can find AOL's documents so maybe I can figure out what they are thinking?

 

[nic4us]

This entire "internal process" took place YEARS before McCaskill-Bond was law. The arbitrator WAS NOT briefed on it's requirements to abide by the Allegheny-Mohawk precedent, which is part of the law, and generally goes DOH/LOS. Plus, since both sides were represented by ALPA, the M-B law wouldn't even apply.

The McCaskill-Bond bill was first written in 2007, the same year Nicolau ruled.

McCaskill-Bond calls for Allegheny-Mohawk section 3 and 13 to be used, when there is no "internal Process". If our merger occured today, the process used would conform to th new law, and the arbitrator would have to use ALPA merger process, not A-M. However, there is no requirement under A-M to use DOH.

 

[nic4us]

I'm beginning to wonder if the West's legal team might be based in Nigeria,

Polsinelli-Shugart is based in Kansas City Mo, with lawyers in 14 cities including Phoenix.

The firm is the result of the 2009 merger of Kansas city based Polsinelli with Shugart Thompson and Kilroy, another Kansas City based law firm.

I wonder if these folks contributed to Senators McCaskill and Bond's campaign funds.

 

[luvthe9]

The McCaskill-Bond bill was first written in 2007, the same year Nicolau ruled.

McCaskill-Bond calls for Allegheny-Mohawk section 3 and 13 to be used, when there is no "internal Process". If our merger occured today, the process used would conform to th new law, and the arbitrator would have to use ALPA merger process, not A-M. However, there is no requirement under A-M to use DOH.

This is where the statement "all the risk is on the West..." really comes home to roost. You missed the boat on the arbitration. The chance for you working a deal sailed from the dock, and the USS Nicolau just got holed by the submarine USS 9th San Francisco. You are part of the big happy family of USAPA now. You are going to have to be very patient, and wait for the contract. And THEN if you don't like it, do your dance. Save your money till then. Please.

 

[oldiebutgoody]

The McCaskill-Bond bill was first written in 2007, the same year Nicolau ruled.

McCaskill-Bond calls for Allegheny-Mohawk section 3 and 13 to be used, when there is no "internal Process". If our merger occured today, the process used would conform to th new law, and the arbitrator would have to use ALPA merger process, not A-M. However, there is no requirement under A-M to use DOH.

NO, they'd have to use the USAPA process. ALPA's gone, never to return. USAPA will use DOH with C&Rs, per their constitution.

What difference does it make when it was written? It wasn't law until 2009.
It does make one think, though. Maybe it was the injustice of the NIC which pushed this along. We all know it was ALPA's "rolling over" in the TWA/AA merger that started the ball rolling.

 

[oldiebutgoody]

Polsinelli-Shugart is based in Kansas City Mo, with lawyers in 14 cities including Phoenix.

The firm is the result of the 2009 merger of Kansas city based Polsinelli with Shugart Thompson and Kilroy, another Kansas City based law firm.

I wonder if these folks contributed to Senators McCaskill and Bond's campaign funds.

If they did, they didn't get you much for YOUR money. Sounds like you guys might have been better off with the Cochran Firm.

 

[nic4us]

NO, they'd have to use the USAPA process. ALPA's gone, never to return. USAPA will use DOH with C&Rs, per their constitution.

What difference does it make when it was written? It wasn't law until 2009.

Does usapa's process guarantee the right to arbitration as required by the new law?

What year were are pilot groups integrated?

 

[oldiebutgoody]

Does usapa's process guarantee the right to arbitration as required by the new law?

What year were are pilot groups integrated?

There is no "right to arbitration" in the new law. Only if there is no internal union process. Man, now I see where the west lawyers get some of their screwball ideas.

The pilot groups HAVE NOT BEEN integrated. Where have you been?

 

[nic4us]

Sounds like you guys might have been better off with the Cochran Firm.

Well if Johnny Cochran were still alive, I would have loved to had him suing the fake union.

We could have heard reverend sounding great phrases like, "there is no escapin'....arbitratin'"

 

[MUTATIS MUTANDIS]

It was sort of fun mulling through the legal brief today of the AOL, Why can't they write it in what we call swamp diplomacy, I think this is basically what they(AOL) said," Gee guys look, we got a sympathetic judge to take our case, moved it in the direction we asked, alot of golf involved, paid 2mill+ , and got it thrown out because those liberal 9th circuit judges, just like breeger said it wasn't ripe. Now I know they didn't address the other 4 counts but hey, we have made BIG promises and need to get PAID. Even though you tossed it can we get our damages pleez?, and BTW, could you please tell our group they WILL WIN!, when it is ripe because man our bills are piling up, sorry about calling it a "FEDERAL ARBITRATION" just kiddn!"Fraternally your AOL BUDS! PS Christmas will be here soon and again no ST. NIC. !