US Pilots Labor Discussion

[MUTATIS MUTANDIS]

Former America West pilots conduct

And this is what there dealing with!

 

[aquagreen73s]

Another nice try, there is a list and is DOH every one seems to know that except a few of you nice folks, The company's DJ is another way to stall from getting a contract that will increase costs, bset course of action is for the west to get a contract and then you can do you next DFR, as of right now your dead in the water.

Why yes! The majority can do whatever they want, DFR and Transition Agreement be damned!

Not.

There is only one seniority list, and that's the Nic. The 9th told you to be very careful or face an unquestionably ripe DFR. Change the Nic, and you'd better somehow demonstrate that the change is done is a way that benefits both East and West. Good luck with that. Maybe in your pursuit of finding a way to get DOH to comport with a union's duty to fairly represent, you can find a few leprechauns and unicorns.

 

[Freighterguynow]

Bye Bye Republic






10 American Companies That Will Disappear in 2011

http://www.dailyfinance.com/story/investing/10-american-companies-that-will-disappear-in-2011/19798647/

 

[cleardirect]

Former America West pilots conduct

This is what the west pilots had to deal with. A falsely filed law suit that ended up DISMISSED with PREJUDICE and AFFIRMED by the Fourth Circuit Court in usapa’s own backyard. You guys really need to understand. This case was looked at and decided on the merits of the case. So to keep bringing up a case that you lost is nothing but a distraction. It makes you look foolish.Yes usapa lost on the merits after filing a malicious, false case against west pilots.

The Federal district court:
Accordingly, IT IS, THEREFORE, ORDERED that the Motion to Dismiss of Defendants AWAPPA and Joinder in Motion to Dismiss Filed by AWAPPA Defendants [Doc. 77] are GRANTED to the extent that Counts One and Two of the Amended Complaint are DISMISSED WITH PREJUDICE pursuant to Rules 12(B)(1) and 12(B)(6) of the Federal Rules of Civil Procedure. Because the federal claims asserted by the Plaintiff have been dismissed, the Court declines to exercise supplemental jurisdiction over the Plaintiff’s state-law claims (Counts Three through Eleven) pursuant to 28 U.S.C. §1367(c)(3), and accordingly, IT IS FURTHER ORDERED that these claims are DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that the Plaintiff’s Motion for Leave to Amend First Amended Verified complaint [Doc. 80] is DENIED as futile. IT IS FURTHER ORDERED that to the extent that the Motion to Dismiss by the Individual Defendants [Dc. 77] seeks dismissal of these Defendants for lack of personal jurisdiction and improper venue, such Motion is DENIED AS MOOT.

IT IS FURTHER ORDERED that the Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction [Doc. 63] is DENIED AS MOOT.

IT IS SO ORDERED.

The Fourth Circuit court:

Because the appropriate "commonsensical, fact-specific" examination of the allegations in USAPA’s complaint fails to yield a pattern of racketeering activity, USAPA has failed to state a cognizable RICO claim. See Menasco, 886 F.2d at 684. Accordingly, the district court did not err in granting the defendants’ motion to dismiss the complaint.
IV.
We can quickly dispose of USAPA’s remaining contentions—that the district court erred in denying it leave to amend its complaint and in refusing to grant it injunctive relief.
"We review the district court’s denial of leave to amend the complaint for an abuse of discretion." GE Inv. Partners, 247 F.3d at 548. The district court does not abuse its discretion in denying leave when "amendment would be futile." Id. Having reviewed the proposed amendments, we conclude that they would have no impact on the outcome of the motion to dismiss.
Thus, the district court did not abuse its discretion. We also review the grant or denial of injunctive relief for an abuse of discretion. See Muffley ex rel. NLRB v. Spartan Mining Co., 570 F.3d 534, 543 (4th Cir. 2009). Because USAPA’s complaint failed to state a claim upon which relief could be granted, the district court did not err in denying USAPA’s request for a temporary restraining order and preliminary injunction. See Gold v. Feinberg, 101 F.3d 796, 802 (2d Cir. 1996).
V.
The judgment of the district court is AFFIRMED.

Might want to look at what the Fourth said. Even a common sense look at this case the complaint fails. The court just told Seham that he does not even have the common sense to not file this case.

Check out the Rule 11 fight. Seham should have been slapped with Rule 11 sanctions in this case.

A motion is sanctionable under Rule 11 only if the legal positions argued in that motion are frivolous to the point that no “competent attorney” would think otherwise. United States v. Stringfellow, 911 F.2d 225, 226 (9th Cir. 1990). In other words, a motion is frivolous under Rule 11 if its arguments are unreasonable when viewed from the
perspective of “a competent attorney admitted to practice before the 1 All references to “Rules” are to the Federal Rules of Civil Procedure. district court.” Zaldivar v. City of Los Angeles, 780 F.2d 823, 830 (9th Cir.1986).

 

[nic4us]

Another nice try, there is a list and is DOH every one seems to know that except a few of you nice folks, The company's DJ is another way to stall from getting a contract that will increase costs, bset course of action is for the west to get a contract and then you can do you next DFR, as of right now your dead in the water.

The only accepted system seniority list for LCC is the Nic. Seems everyone knows this except a few of the nice folks at usapa, like J. Ray. The only place the DOH list exist is on the usapa website, won't get past there into a contract.

The company's DJ may very well be a stall tactic, however, it is usapa causing it to draw out longer by doing everything possible to postpone the inevitable conclusion to the dispute.

I would not describe the West position as dead in the water, more like biding our time.

PS. There is no DOH contract coming, and therefore no DFR, so your strategy for the West is a moot point.

 

[Freighterguynow]

The only accepted system seniority list for LCC is the Nic.

Repeat yourself 2000 times and it's bound to come true.

 

[oldiebutgoody]

Repeat yourself 2000 times and it's bound to come true.

They're already WAAAY past that, and it hasn't happened yet.

 

[OTTER574]

They're already WAAAY past that, and it hasn't happened yet.

oldie, please explain how that b scale is going on the e190 and a320?

Otter

 

[oldiebutgoody]

oldie, please explain how that b scale is going on the e190 and a320?

Otter

I wouldn't know.

 

[cleardirect]

I wouldn't know.

Yet you come on here and cry about how the junior guys are getting screwed by the Nicolau. But now you claim you don't know how your guys are getting screwed by LOA 93?

Are any of you east guys capable of telling the truth? Any of you capable of recognizing the truth if you saw it from a distance?

 

[OTTER574]

I wouldn't know.

Funny how you stated numerous times that usapa is the best union dues you ever spent

Otter

 

[cactusboy53]

And this is what there dealing with!

Oh wait! I'll take FAILED ATTEMPTS TO BULLY MEMBERS OF YOUR OWN UNION for a thousand dollars, Alex

Answer: What is USAPA's FAILED attempt to sue the "Cactus 18" which in fact was 24+ pilots PLUS 100 John Doe pilots (to be named later)? Alex, this case was dismissed WITH PREJUDICE at first. USAPA decided to mis-spend more of their union's dues money in an attempt to appeal the dismissed case. The US Court of Appeals UPHELD the dismissal WITH PREJUDICE.

According to USAPA insiders, they are refusing to "let it go" and apologize for putting the former AWA pilots through this event. They intend to "hold the hammer over the heads" of the RICO litigants as a deterrent, claiming they have in their possession the "rocks & human feces" along with other evidence.

You know, nothing says "LOVE" like suing your own pilots with their own money. Real men of genius. :blink:

 

[oldiebutgoody]

Funny how you stated numerous times that usapa is the best union dues you ever spent

Otter

It is. No doubt about it.

 

[oldiebutgoody]

Yet you come on here and cry about how the junior guys are getting screwed by the Nicolau. But now you claim you don't know how your guys are getting screwed by LOA 93?

Are any of you east guys capable of telling the truth? Any of you capable of recognizing the truth if you saw it from a distance?

If I said that, I was wrong. What I meant to say was that the Nic isn't harming anyone. It's high on a shelf, never to be used.

There, I hope that makes it clear for you.

 

[GorgeousGeorge]

Another nice try, there is a list and is DOH every one seems to know that except a few of you nice folks, The company's DJ is another way to stall from getting a contract that will increase costs, bset course of action is for the west to get a contract and then you can do you next DFR, as of right now your dead in the water.

It's not even a stall tactic in and of itself but rather a straw man argument. They will use mediation and the provisions of the RLA to stall and use the straw man(DJ) as and excuse to try and have the pilots ire projected at a smokescreen rather than the fact, they will use every avenue under the law to delay because that is what they really want.