US Pilots Labor Discussion

[BoeingBoy]

OH really
That sure would explain a lot

There are too many East idiots that believe Nos' lies. That's why I keep asking him for proof. Perhaps you'd like to offer some proof since Nos obviously can't - he knows they're lies but is such a low life he can't stop lying.

One Eastie even claimed that it was impossible for Nos to prove his claims since "you can't prove a negative", but they couldn't even get that right since disproving Nos' accusations would require me proving a negative - that I didn't do this or that or have a relative on the West side.

Jim

 

[nic4us]

You mean this part here?


Looks like Prater got one thing right.


Or maybe this part?


you know i thought some east pilots was screaming that ALPA was going to take away your right to vote? But I guess it was usapa that did that.

They also missed this part of Prater's letter.

"So, as required by Merger Policy, the Association will defend the award".

What was it the 9th said? usapa is as free as ALPA to do what with the award? According to Prater, ALPA was bound by policy to "defend" the award, never any mention of abandoning it, quite the contrary.

 

[nic4us]

Oh man, that was so funny watching Wake squirm in his esteemed throne! Brengle told him in his 30 yrs. he had NEVER seen the likes of what Wake was up to! Right to his face.Too bad we didn't get to see him impose the Nic like he wanted to. That, would have been the topper- NMB lawyers parachuting into the courtroom! The icing on the cake was when Wake wanted to start the DAMAGES trial!!! Of course the entire issue of separate ops was green lighted by Prater.So how does a union representing both sides and allowing separate ops cause damage??? Then we had our guest Jetzz asking about the damages trial also. Gee, what ever did happen to that damages trial???

For someone who claims to have been at the trial, you sure missed a lot.

For starters, ALPA was not on trial, usapa was.

To answere the bolded question, usapa causes damages by not representing both sides, get it? DFR? Heard of one?

 

[cleardirect]

Oh man, that was so funny watching Wake squirm in his esteemed throne! Brengle told him in his 30 yrs. he had NEVER seen the likes of what Wake was up to! Right to his face.Too bad we didn't get to see him impose the Nic like he wanted to. That, would have been the topper- NMB lawyers parachuting into the courtroom! The icing on the cake was when Wake wanted to start the DAMAGES trial!!! Of course the entire issue of separate ops was green lighted by Prater.So how does a union representing both sides and allowing separate ops cause damage??? Then we had our guest Jetzz asking about the damages trial also. Gee, what ever did happen to that damages trial???

If you would like to play your little game how about posting the transcripts portions in context. You know because you east pilots tend to overstate or misunderstand legal things. Show us where threats were made of parachuting lawyers and Brengle telling a federal judge about his DOH to the bar.

Why are you quoting the Addington trial? You guys have said that trial never happened right. So if it did not happen those things were never said.
But a trial that did happen and is still going on. Judge silver. Do you know what she said in her court?

That the west pilots have been harmed. That was a good thing to know from the person making the decision.

Another really funny part was when the judge told Seham that he misread and misunderstood what the 9th said. Yes he got schooled by the judge. Again.

Or when Seham accused the company of bad faith. That raised the judges eye brows. She asked if he had filed suit against the company. You see when you make an accusation you better have the facts to back to up not just accusations.

But I think the best part was when Seham rambled around a question for 5 minute that required a yes or no answer. Finally the judge had to answer for him.

THE COURT: So what you're saying -- your answer is no, this is nonnegotiable.

Seham was stunned. Everyone else in the courtroom understood what he was saying. The judge understood what he was saying. He could not believe that she saw through his BS.

I see a smack down coming on Seham. Don’t forget the rule 11 is still out there.

 

[mrbreeze]

I have read them, and you are correct, they are total bullshit!

Sorry, junior, you are not going to steal my job.

LOL!

So tell me, if the C&R protects your position in PHX, so that I can't bid into PHX to bump you out of your seat, how is that not protecting you on a DOH list?

Also, if the Nic allows you to leap frog over me by 15 yrs and bump me out of a chance to get my Captains seat back before retiring in another 7 yrs, how am I protected?

What is fair?

I am not seeking to screw someone.....I just want what is fair.

 

[cleardirect]

My Money is on the Ninth!

Swan


"We do not address the thorny question of the extent to which the
Nicolau Award is binding on USAPA. We note, as the district court recog-
nized, that USAPA is at least as free to abandon the Nicolau Award as was
its predecessor, ALPA. The dissent appears implicitly to assume that the
Nicolau Award, the product of the internal rules and processes of ALPA,
is binding on USAPA."

Hey Perry Mason.

Why don't you tell us what the district court,that the the ninth recognized say about usapa's abilty to abandon the Nicolau.

Do the research and get back to us.

 

[Black Swan]

There are too many East idiots that believe Nos' lies. That's why I keep asking him for proof. Perhaps you'd like to offer some proof since Nos obviously can't - he knows they're lies but is such a low life he can't stop lying.

One Eastie even claimed that it was impossible for Nos to prove his claims since "you can't prove a negative", but they couldn't even get that right since disproving Nos' accusations would require me proving a negative - that I didn't do this or that or have a relative on the West side.

Jim

"But the substantive rulings in Addington have been vacated pursuant to mandate, and both cases would now write on clean slates if there were anything to write in Addington, which there is not. pursuant to Fed. R. Civ. P. 60(B). (Doc. 659.) The Addington proceedings are concluded"

More Light Reading for Jim and his nephew, now Jim where is that Nic list imposed by Judge Wake after the 9th ruled?

The Swan

Case 2:08-cv-01633-NVW Document 663 Filed 10/14/10 Page 3 of 5

Firth v. United States, 554 F.2d 990, 993-94 (9th Cir. 1977) (citations and footnote
omitted). Further:
When a case has been decided by this court on appeal and remanded to the
District Court, every question which was before this court and disposed of
by its decree is finally settled and determined. The District Court is bound
by the decree and must carry it into execution according to the mandate. It
cannot alter it, examine it except for purposes of execution, or give any
further or other relief or review it for apparent error with respect to any
question decided on appeal, and can only enter a judgment or decree in
strict compliance with the opinion and mandate . . . (The District Court) is
without power to do anything which is contrary to either the letter or spirit
of the mandate construed in the light of the opinion of this court deciding the case.

Case 2:08-cv-01633-NVW Document 666 Filed 10/19/10 Page 3 of 11

On June 4, 2010, the Court of Appeals held that the plaintiffs’ duty of fair
representation claim was not ripe and remanded the case with directions that the action be dismissed. Addington, 606 F.3d at 1184. On August 10, 2010, the Court of Appeals mandate in Addington issued, effecting its judgment entered June 4, 2010. (Doc. 647.) On August 13, 2010, pursuant to the mandate, the Court ordered the Clerk to enter judgment dismissing Addington for lack of subject matter jurisdiction. (Doc. 650.)On October 13, 2010, the Court denied Plaintiffs’ motion for relief from the judgment

Case 2:08-cv-01633-NVW Document 666 Filed 10/19/10 Page 4 of 11

III. Analysis
A. Factors to Be Considered in Determining a Motion to Transfer a
Related Case Under LRCiv 42.1 Weigh in Favor of Transfer.
Both Addington and US Airways arise from substantially the same transaction or
event, i.e., the necessity of merging pilot seniority lists as a result of the 2005 airline merger. They involve the same parties, except for US Airways, which was dismissed early in the Addington litigation. They both involve the pilots' seniority rights and call for determination of substantially the same questions of law. US Airways will call for determination of substantial new questions of ripeness and new substantive questions of Railway Labor Act law applicable to US Airways. Substantive matters related to US Airways were considered in Addington and have not yet been considered in US Airways. But the substantive rulings in Addington have been vacated pursuant to mandate, and both cases would now write on clean slates if there were anything to write in Addington, which
there is not. pursuant to Fed. R. Civ. P. 60(B). (Doc. 659.) The Addington proceedings are concluded.

- 4 -

Case 2:08-cv-01633-NVW Document 666 Filed 10/19/10 Page 11 of 11


IT IS ORDERED that Plaintiffs’ Motion to Transfer Related Case, Pursuant to
LRCiv 42.1 (Doc. 642) is denied.

DATED this 18th day of October, 2010

Neil V. Wake
United States District Judge

-11-

 

[nic4us]

LOL!

So tell me, if the C&R protects your position in PHX, so that I can't bid into PHX to bump you out of your seat, how is that not protecting you on a DOH list?

Also, if the Nic allows you to leap frog over me by 15 yrs and bump me out of a chance to get my Captains seat back before retiring in another 7 yrs, how am I protected?

What is fair?

I am not seeking to screw someone.....I just want what is fair.

I truely sympathize with your position. I understand it completely, because we all just want what is fair.

The problem with usapa, DOH with C&Rs, reneging on the Nic, is you are saying to the West, I just want what I think is fair.

 

[Black Swan]

Hey Perry Mason.

Why don't you tell us what the district court,that the the ninth recognized say about usapa's abilty to abandon the Nicolau.

Do the research and get back to us.

The clerks in the 9th already did the research!

The Swan

 

[mrbreeze]

I truely sympathize with your position. I understand it completely, because we all just want what is fair.

The problem with usapa, DOH with C&Rs, reneging on the Nic, is you are saying to the West, I just want what I think is fair.

It's a two way street, my friend.

 

[mikey60]

It is coming up on the fourth anniversary of the nic award. To celebrate I think we should have a picnic. In theme we could get the Elvis parachute team, have the Piedmont Nascar there and maybe boeing boy can show up in uniform.

I need ideas for the menu. Florida giant beaver meat anyone?

Maybe fried Duphis brain, no, couldnt get more than a thimble full of that.

 

[mikey60]

Blame Mikey60 or yourself.

Don't worry about the DA. Worry about the Feds.

I take threats of bodily harm seriously, you weren't slinging dog poo.

Been a good day, Mikey, NYC or whoever you are..

O.K. Duphis1 we understand, take that little red pill and close your eyes, you will be fine in the morning.

 

[cleardirect]

The clerks in the 9th already did the research!

The Swan

So it should be easy for you to post what the district court said about usapa abandoning the Nicolau.

Answer the question.

 

[BoeingBoy]

"But the substantive rulings in Addington have been vacated pursuant to mandate, and both cases would now write on clean slates if there were anything to write in Addington, which there is not. pursuant to Fed. R. Civ. P. 60(B). (Doc. 659.) The Addington proceedings are concluded"

More Light Reading for Jim and his nephew, now Jim where is that Nic list imposed by Judge Wake after the 9th ruled?

The Swan

You have trouble with English or what - like I said, Wake ordered the use of the Nic until the 9th ruled that the suit wasn't ripe. Is one thing happening before another a foreign concept for you? It's like football - the ref can call a completed pass until the video replay indicates otherwise, then the ruling is changed. You're trying to convince yourself that the completed pass call never happened, when just watching the video shows otherwise.

I do find it interesting that after all the insults you and others threw at Wake - especially not knowing anything about the law and being in the West's pocket - you're getting so desperate that you even quote him like he's the smartest Judge that ever lived.

Also, I guess I'll have to start demanding proof of your claim that I have a nephew on the West side - even Nos just said "Kin". Like I said to john john, there are some idiots among the Easties that believe Nos' lies...

Jim

 

[Barrister]

OH really
That sure would explain a lot

Hold the phone here......is there credible evidence that BBhas a nephew out West,,,,,.....
my my ....that do say alot.....if true!!

NICDOA
NPJB

bet JETZ also has a family member out West...or maybe he is one!!