Pray AWA320 gets the "itis" or internet coma! JAMIE, JJ,JG, MM!
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usapa founder steve bradford will look really nice on the witness stand.
"ALPA'S" response in the NAUGHLER! MM!Here, the Plaintiffs’ claims are even weaker than the claims of the America West
pilots that the Ninth Circuit held were unripe. While USAPA’s refusal to negotiate a CBA
incorporating the merged seniority list resulted in actual furloughs of some America West pilots
that would not otherwise have occurred, here, the Plaintiffs may be injured only if (i) USAPA
agrees to violate its constitution by implementing the Arbitration Board’s merged seniority list as
part of a new comprehensive collective bargaining agreement, (ii) the US Airways pilots agree
by majority vote to ratify that new collective bargaining agreement,10 and (iii) the list is
implemented without any conditions to alleviate or eliminate the perceived negative effect on the
9 See USAPA Constitution and Bylaws, Exhibit A to the Supplemental Declaration of James L. Linsey (“Supp.
Linsey Decl.”), at 8, § 8.D and 25, § 5.A.3.
10 The court in Addington noted that “[a]dditionally, 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,” and thus the implementation of a
CBA that does not include the Arbitration Board’s merged list would not necessarily be a breach of USAPA’s DFR.
2010 WL 2220058 at *5.
Case 1:05-cv-04751-NG -VVP Document 118 Filed 06/25/10 Page 12 of 37
-9-
Plaintiffs. Indeed, such an action by USAPA and the US Airways pilots would be a superseding
cause breaking any chain of causation emanating from ALPA’s alleged DFR breach. See Ramey
v. Dist. 141, IAM, 473 F.Supp.2d 365, 368 (E.D.N.Y. 2007) (dismissing DFR claim because
unforeseen events broke chain of causation). Thus, even more so than in Addington, there are
“contingencies that could prevent effectuation of [the Opinion and Award] and the
accompanying injury,” and Plaintiffs’ claims should be dismissed as unripe. Addington, 2010
WL 2220058, at *4.
First you have to get lawyers that are competent enough to process subpoenas.
Oh, and a ratified contract. Don't want to forget that detail.
Thanks, we will. Since there is no "illegal scheme" it shouldn't be a problem.
That was ALPA. They are no longer the CBA. Get with the program. Those guys would steal from their mother.oldie. When you receive a payment for goods and services rendered, what happens when you/your cba cashed such payment for the companies acceptance of a LEGAL list?
Did LCC corporation pay my cba and your cba $300,000 each for services rendered? Yes they did. Did my current cba that inherited all my contracts pay back LCC for the lack of services rendered?...NO
OTTER
That was ALPA. They are no longer the CBA. Get with the program. Those guys would steal from their mother.
As "a most senior pilot," let me reassure those westies who are so very concerned for my welfare. USAPA rules; DOH is it.
We all have places to go post-USAirways.
Well keep your bases covered, because if by some miracle usapa gets a DOH contract ratified, LCC won't be around long enough to fire the pilots that shut the operation down.
Then you can have your 2005 career expectation back.
I'm confused by your statement that "if by some miracle usapa gets a DOH contract ratified" the operation will somehow shut down. By whom and in what manner?
seajay
I'm confused too? Why would a company go along with usapa's illegal scheme and hang it's derriere out for a major lawsuit?
Per the TA, a ratified contract means the NIC.
OTTER
WHAT IS
Union Busting?
Union-busting is a practice that is undertaken by an employer or their agents to prevent employees from joining a labor union, or to disempower, subvert, or destroy unions that already exist.
Union busting is a field populated by bullies and built on deceit. A campaign against a union is an assault on individuals and a war on truth. As such, it is a war without honor. The only way to bust a union is to lie, distort, manipulate, threaten, and always, always attack.
Martin Jay Levitt, 1993, Confessions of a Union Buster
AWA320
I'm confused by your statement that "if by some miracle usapa gets a DOH contract ratified" the operation will somehow shut down. By whom and in what manner?
seajay
"Union-busting is a practice that is undertaken by an employer or their agents to prevent employees from........."
My point exactly, lets break this definition down to who and what is being defined. The who is the employer or their agents and the employees, the what is all the rest of the definition.
For a union (any union) to be guilty of "Union-busting", said union, lets say APA, would have to be guilty of acting as an agent for and colluding with the management at American to oust ALPA. I haven't heard all the conspiracy theories floating around out there, but I definitely haven't heard that one.
In the case of UseLessAirways, are you suggesting that "Dougie" got in bed with USAPA to get rid of ALPA? Made some kind of a side deal? Proof of that would make for a great lawsuit! Not to mention seeing a picture of "Dougie" in the rack with USAPA leadership at the Motel 6 in CLT. :huh:
seajay
I don't think he 'got in bed' with usapa in a manner of back room deals and that sort of thing. But I do think he got the union he wanted. All he had to do was watch it unfold, all the while being playing 'neutral'. Prater allowed the process to gain steam, and Dougie was more than happy to let it happen. Just my own lowly opinion, as likely to be wrong as it is to be right.