US Pilots Labor Discussion 7/13- STAY ON TOPIC AND OBSERVE THE RULES
- Thread starter Richard
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I believe seperate ratification was derived from the fact that we had seperate MECs, not from the TA itself. But I could be wrong.
For eveyones benefit I copied the header from the TA, make your own judgement who the agreement is between.
THIS LETTER OF AGREEMENT is made and entered into in accordance with the provisions of the Railway
Labor Act, as amended (the “Act”), by and between AMERICA WEST HOLDINGS CORPORATION
(“AWHC”), AMERICA WEST AIRLINES, INC. (“AMERICA WEST”), US AIRWAYS GROUP, INC. (“US
AIRWAYS GROUP”), US AIRWAYS, INC. (“US AIRWAYS”), and the AIR LINE PILOTS in the service of
AMERICA WEST and US AIRWAYS, respectively, as represented by the AIR LINE PILOTS ASSOCIATION
(hereinafter referred to as “the Association”) by and through the Master Executive Councils of the America
West and US Airways pilots (“America West MEC” and “US Airways MEC” respectively) (collectively
referred to as the “Parties”).
Looks to me like the AIR LINE PILOTS in the service of AMERICA WEST have a contract here. Not ALPA, not the West MEC, but through ALPA and now through usapa as our representative.
Here is the best part, not only is it with, the AIR LINE PILOTS in the service of US AIRWAYS, but also with AWHC,AWA,USAG,AND USA.
Actually, LEE SEHAM explains it pretty well or try the WILDER and BAPTISTE blog, with those qualifications actually, you did meet my expectations! MM!
Actually that would be a great place to start.
I suggest the issue of the "thorny question" in particular, where Tashima tells us that he is not commenting on whether or not usapa is bound by the Nic, and more specifically that the opinion does not address whether or not usapa is bound by the Nic, but for sure, he warns that the dissenting opinion certainly felt so and so did the circuit court. So usapa if free to negotiate, but they damn sure better come up with something that does not include "the harm plaintiffs fear", otherwise they will end up in front of another circuit court judge with an "unquestionably ripe DFR", and the only two judges to rule and comment whether usapa is bound to the Nic to date have said,the Nic is not going away.
For those wearing the usapa blinders, that have a little issue understanding, I will make a score card.
Tashima= no comment on Nic, other than Bybee thinks so.
Grabber=no comment on Nic.
Bybee= Nic is binding on usapa.
Wake=Nic is binding on usapa.
Seham=I talk alot because I charge by the billable hour. Want to hear how I am smarter than a federal judge?
Phoenix
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- Apr 16, 2003
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In the south, there are many families that possess legal bonds issued by the Confederacy. They are really cool documents to hold in your hand and contemplate that their ancestors put money down, fully expecting to get it all back with interest.
Lest you loose heart, the bonds will never go away! Never, never go away! The south will rise again! (p.s. I think they have a writ of certiorari on file.
)
Lest you loose heart, the bonds will never go away! Never, never go away! The south will rise again! (p.s. I think they have a writ of certiorari on file.
)"We note, as the district court recognized, that USAPA is at least as free to abandon the Nicolau Award as was
its predecessor, ALPA. The dissent appears implicitly to assume that the Nicolau Award, the product of the internal rules and processes of ALPA, is binding on USAPA. See Diss op. at 8021-22."
"Plaintiffs seek to escape this conclusion by framing their harm as the lost opportunity to have a CBA implementing
the Nicolau Award put to a ratification vote. Because merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots furloughs, Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA’s final proposal may yet be one that does not work the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award.3"
NIC 4 sort of sums it up you might have missed it, BTW Als post on UNOBTANIUM is classic! MM!
its predecessor, ALPA. The dissent appears implicitly to assume that the Nicolau Award, the product of the internal rules and processes of ALPA, is binding on USAPA. See Diss op. at 8021-22."
"Plaintiffs seek to escape this conclusion by framing their harm as the lost opportunity to have a CBA implementing
the Nicolau Award put to a ratification vote. Because merely putting a CBA effectuating the Nicolau Award to a
ratification vote will not itself alleviate the West Pilots furloughs, Plaintiffs have not identified a sufficiently concrete
injury.2 Additionally, USAPA’s final proposal may yet be one that does not work the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award.3"
NIC 4 sort of sums it up you might have missed it, BTW Als post on UNOBTANIUM is classic! MM!
Yeah I get it MM.
Nicolau was senile.
The "desert judge" knew nothing about the law, and carried us as far as he could.
Bybee, almost disbarred.
The whole, THE EAST COULD BE PLAINTIFFS IN A DFR IF THE NIC IS USED, thing just does not hold water.
But let me get it straight. You are argueing that the east could sue usapa for DFR, because usapa promised to break the law but failed? umm...not really a lot of DFR material there MM.
Get in line? What is that supposed to mean?
Yep, that is the stuff I am talking about.
im·plic·it [ im plíssit ]
adjective
Definition:
1. implied: not stated, but understood in what is expressed
Asking us when we would like to start was an implicit acceptance of our terms.
2. absolute: not affected by any doubt or uncertainty
Seems Bybee has an implicit understanding of what usapa is about.
"even if that proposal is not the Nicolau" is addressing what may or may not be "the damages plaintiffs fear". Tashima is not telling usapa it can do what it wants, he is telling usapa pass something the West is willing to live with and you will not get sued. However, at this point, pretty much all AOL will accept is the Nic or "unquestionably ripe DFR".
I did like the UNOBTAINIUM post. That is what I am here for. Whoever came up with it first with the need for a urainium class, because we were going to have a meltdown, was actually more clever.
Black Swan
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- Dec 13, 2009
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There is a big difference. He actually knows what he is talking about! All backed up by the 9th. You have resurrected the Nicolau so many times, you actually should start a new religion based on it. It just won't die. That is, unless you really read the decision. Then it becomes really clear, and direct.More hypocrisy, 9?
Why not tell him to go spend time with his family for cryin' out loud, instead of "wasting his time" with such lengthy posts. Maybe you could admonish him for "not having any skin in the game." Better yet, just tell him to mind his own business, since he's not even a USAirways employee, let alone an airline pilot. While you're at it, come up with some insult about being a USAPA shill and probably being married to an east pilot. (Why else spend so much time on this forum involved in other people's business.)
Oh wait! I forgot... he agrees with the east view of the world, therefor he's welcome here any time. Especially since it's "the stuff you listen to."
luvthe9
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- Aug 30, 2002
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This is the bottom line. USAPA had nothing to do with it. Ran into a West friend today. They know the Supreme deal is the end of the road. All except those on this board. Everybody else gets it.
luvthe9
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- Aug 30, 2002
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Heard you joined USAPA Welcome aboard!
luvthe9
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- Aug 30, 2002
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All that negotiating prowess, and the work is done by Prospect. Where did the power go?? What are you doing now? Clerking for Wake?
Metroyet
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- Nov 1, 2008
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You're not on a road. You're on a race track. This is all going to happen all over again. You're not so stupid as to believe the 9th gave you a DOH green light. In fact, nothing the 9th said should be construed as any type of "win" for either side. A jury saw through all of this before, they'll do it again. Please hurry up and vote in your "standard" contract. With any Luck, USAPA might be able to deliver something not-too-far-below the new Spirit deal. I doubt it, but who knows.
IAM negotiated away the 401k match that was an arbitration award.
After the judge abrogated the contract IAM negotiated with management
and airbus scope was involved
Like USAPA supporter’s said the nic is like crew meals
All sections and article are negotiable with union leadship in involved
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