crazystnic
Veteran
- Sep 28, 2010
- 781
- 727
I'm not complaining at all. Put a TA out with NIC as the section 22 seniority list and see what happens.
No other list will be accepted by Management unless they are given judicial relief from collusion liability, which isn't at all likely to happen. So if anyone wants a JCBA in 2011 or 2012, the NIC is almost certainly the only seniority list that can accomplish that. Look at what Management filed and argued before Silver in the DJ. Paraphrase - a jury, based on the merits, found USAPA guilty of a failure in their DFR because they proposed a non-NIC seniority list. The Company can be found liable if they were to accept any other list unless of course a court provides explicit protection for Management’s complicity in accepting a non-NIC list. That is Management’s position and I certainly don’t expect them to move off that position just because USAPA sends sophomoric letters and makes wildly unfounded claims about safety.
Of course even if judge Silver rules today in some form or fashion, it won’t change much if anything. If she dismisses the matter, Management will appeal. If Silver rules that the TA is unenforceable, Management and/or AOL will appeal. If Silver rules that the NIC is the only seniority list Management can accept without exposure to collusion, USAPA will appeal if for no other reason than to keep the fire hose of funds flowing into $eham’s bank account.
So for the near-term, the NIC is the only viable list that will allow JCBA negotiations to continue. Any other scenario will only lead to more delay and more uncertainties about where this east-created debacle will ultimately lead the pilots to.
DFR II is a near-certainty, but only if Management is convinced by the courts or the NMB that accepting a non-NIC list will create less financial risk and liability exposure than not accepting such a list. Otherwise, any talk of a JCBA and therefore DFR II is just pure fantasy. We all know that the Ninth ruled that ripeness occurs at ratification and that can only happen if Management agrees to accept a non-NIC list which they will not except as noted above.
I’m neither worried not complaining. I’m simply offering my take on situation at hand, buttressed with facts, reason, and logic to support my views. Do you have anything similar to offer with regards to your original post insinuating that Parker/Management is the one causing the delay in attaining a JCBA?
How about we put a TA out with DOH as the sec 22 boy wonder.
and when we have DFR 2 hopefully we will be allowed to show how a 20 year employee goes behind a new hire.. I'm sure Joe Q Public would love to hear that one.