paragraph #1. Who in mgt said" they are tired of dealing with USAPA and its attempts to avoid arbitration".
paragraph#2." They put themselves into a DFR lawsuit" we filed the lawsuit?
paragraph#3. Your opinion only, it hasn't happened yet, no facts
paragraph#4 There is no west of east in this, its USAPA and the company.
paragraph#5 USAPA knows the facts all to well and LOA 93 is still better than the nic.
paragraph#6 Your predicting the outcome. not stating facts.
Freebird, on 08 February 2011 - 03:26 PM, said:
mikey60,
1. The company filed for a DJ. They arent impressed with USAPA and are growing tired of their antics.
2. Yes. USAPA put themselves into a position to get sued, i.e. DFR. No they did not file the lawsuit. They instead try to weasel out of Binding Arbitration. Wake up.
3. Paragraph 3. My opinion? Are you serious? Reread it;
USAPAs continued or future attempt to impose any senoirity list that hurts the minority (West) in favor of the majority (East) will become "DFR 2" and will be "Unquestionably Ripe" as stated by one of the 3 judges. 2 of the 3 judges dismissed due to ripeness only.
4. Yeah, thats why the company filed for the DJ. You should read the truth. You keep reading Theurs crap and drinking the Kleary Kool-Aid. You're in for a big disappointment.
5. Neener, Neener, Neener....is that all you have? Your DFR was dismissed on ripeness. Not merit.
6. Is predicting a crime? Your sister Sumard makes predictions all the time. Like the recent one where he predicts LOA93 Snapback will go in favor of the company.
I'm sure my "prediction" is the closest thing to the truth. You know it. Your Captains who are losing 40K a year know it. Cleary knows it. You're on the losing side.
So YES. Wednesday Judge Silver asked all parties involved into her courtroom. After LOA93 arbitration fails to produce snapback wages and keep the East pilots at an industy low and Judge Silver corrects both managment and USAPA for their inability to accept responsibility, USAPA should be a thing of the past.
Welcome. Yes there is.
USAirways management is tired of dealing with USAPA and its attepmts to avoid Binding Arbitration which the prior CBA (ALPA) and the East MEC entered into freely.
USAPA inherited all agreements and has subsequently tried (and failed) at imposing a Date of Hire senoirity list upon the West. They put themselves into a DFR (Duty of Fair Representation) lawsuit. They lost in court for failing to protect the interests of the minority (West pilots) who they are trying to harm. The case was appealled by USAPA and was dismissed by the 9th Circuit Court of Appeal on the grounds of ripeness, ONLY. The Merits of the case are strong however.
USAPAs continued or future attempt to impose any senoirity list that hurts the minority (West) in favor of the majority (East) will become "DFR 2" and will be "Unquestionably Ripe" as stated by one of the 3 judges. 2 of the 3 judges dismissed due to ripeness only.
Management is tired of USAPA's antics and has asked the court system for a Declaratory Judgment in the matter of whether of not they (Mgmt) must comply with the 3-party contract that they agreed to. The 3 way agreement between the West, East and managment was that they (mgmt) would agree to accept the Arbitrated senoirity list if it met certain conditions. It passed the test. The "Nicolau" award, through Binding Arbitration was accepted by managment as THE senoirity list.
USAPA has refused to accept the facts and have held all pilots and flight attendants hostage by keeping the wages low and benefits lower. They remain to stay on LOA93 which is a bankruptcy era agreement which hurts every East pilot. They seem to enjoy it. They also blame management and ALPA and anybody who will listen for the failure of their 'union'.
So YES. Wednesday Judge Silver asked all parties involved into her courtroom. After LOA93 arbitration fails to produce snapback wages and keep the East pilots at an industy low and Judge Silver corrects both managment and USAPA for their inability to accept responsibility, USAPA should be a thing of the past.
USAPA = Failing daily and losing steam.