cleardirect
Veteran
- May 24, 2008
- 6,234
- 9,749
- Banned
- #4,726
Mike Cleary’s “quote” from his president’s message a 7:56
That does not end the quote. This is the rest of the story. He seems to have left out an important part of this. Besides no one has decided if a DOH list DOES meet these criteria. Cleary left out a big chunk of what the T/A says.
Twice Cleary stated the “The courts have already decided the seniority issue” If that is the case how does that square with the quote he used at 10:16?
This is the “quote” that Cleary used.
Notice the period at the end of the quote. Now look at the entire quote in context. How is it that the according to Cleary the court decided but here they say that they DEFERED judicial intervention? Does usapa really think that we are so blind not to notice that glaring problem?
Notice that there is no period where Cleary chose to end his quote. That is not being honest with the membership at all.
How about at 10:06
The court themselves say that they did not solve anything other than deciding “prematurely” not ripe yet? that certainly does not sound to me like the ninth "decided seniority"
You will also note that these are FOOTNOTE from the opinion not in the body of the text. Why would Cleary and Seham have to use footnotes and take them completely out of context in order to make their point? Could it be because what you guys trying to force the ninth’s opinion into saying is not what is really says? I will direct you to the findings of fact.
“end quote”The Airline Parties will accept such integrated seniority list, including conditions and restrictions
That does not end the quote. This is the rest of the story. He seems to have left out an important part of this. Besides no one has decided if a DOH list DOES meet these criteria. Cleary left out a big chunk of what the T/A says.
IV. Seniority List Integration
A. The seniority lists of America West pilots and US Airways pilots will be integrated in accordance with ALPA Merger Policy and submitted to the Airline Parties for acceptance. The Airline Parties will accept such integrated seniority list, including conditions and restrictions, if such list and the conditions and restrictions comply with the following criteria:
1. no "system flush" whereby an active pilot may displace any other active pilot from the latter’s Position; and
2. furloughed pilots may not bump/displace active pilots; and
3. no requirement for pilots to be compensated for flying not performed (e.g., differential pay for a position not actually flown); and
4. allows pilots who, at the time of implementation of an integrated seniority list, are in the process of completing or who have completed initial qualification training for a new category (e.g., A320 Captain or 757 First Officer) to be assigned to the position for which they have been trained, regardless of their relative standing on the integrated seniority list; and
5. does not contain conditions and restrictions that materially increase costs associated with training or company paid moves.
Twice Cleary stated the “The courts have already decided the seniority issue” If that is the case how does that square with the quote he used at 10:16?
This is the “quote” that Cleary used.
“By deferring judicial intervention, we leave USAPA to bargain in good faith.”
Notice the period at the end of the quote. Now look at the entire quote in context. How is it that the according to Cleary the court decided but here they say that they DEFERED judicial intervention? Does usapa really think that we are so blind not to notice that glaring problem?
By deferring judicial intervention, we leave USAPA to bargain in good faith pursuant to its DFR, with the interests of all members — both East and West — in mind, under pain of an unquestionably ripe DFR suit, once a contract is ratified.
Notice that there is no period where Cleary chose to end his quote. That is not being honest with the membership at all.
How about at 10:06
The present impasse, in fact, could well be prolonged by prematurely resolving the West Pilots’ claim judicially at this point.
The court themselves say that they did not solve anything other than deciding “prematurely” not ripe yet? that certainly does not sound to me like the ninth "decided seniority"
You will also note that these are FOOTNOTE from the opinion not in the body of the text. Why would Cleary and Seham have to use footnotes and take them completely out of context in order to make their point? Could it be because what you guys trying to force the ninth’s opinion into saying is not what is really says? I will direct you to the findings of fact.
While neither side has refrained from taking dubious legal positions, 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.”