US Pilots labor thread 11/5-

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From USAPA

The Board next heard presentations regarding Section 25 – Scheduling, as it applies to monthly bidding. Because the NAC has asked for direction from the BPR regarding Preferential Bidding System (PBS) vs. Block Building, the Board heard presentations on the merits of each. Captain X, former America West Preferential Bidding System (PBS) Committee Chairman, briefed the Board on the pros and cons of PBS. X explained to the Board what PBS is and what it is not. The Board then heard from Line Building Committee Chairman Captain Y. Captain Y briefed the Board on the merits and philosophy of his committee’s work in building monthly lines. After lengthy discussion, the Board voted to approve a resolution directing the NAC to include Block Building over PBS as its Section 25 negotiating position.

First of all the rest of the planet calls them lines not blocks but that's just semantics.

Poll any pilot group that has experience with both and they will tell you that PBS is superior to pre-built lines.

Lines are much more expensive for the company to administer than PBS - meaning that if USAPA really wants lines of time then the pilots will have to pay for it with reductions in other parts of the contract.

The tragedy is that the BPR did not even understand the PBS briefing.

The SME who briefed them said it thusly:
"Let me simply say that that the BPR did not grasp much of what I had to say."

Is anyone really surprised?
 
(from HP_FA last week) When I reviewed the fee application in the trial court case I noticed that Don Stevens was listed as "Of Counsel", meaning that he was not a member of the firm, but working in connection with the firm. I do not know if he previously was an actual member of the firm, or had always been "Of Counsel". Perhaps a review of the letterhead from previous correspondence from Polsinelli Shughart would answer that question. I have no correspondence from them, so I cannot respond more fully.

Further checking, your right, looks like Rainmaker Stevens wasn’t a member of the firm. Guess I misunderstood what “of counselâ€￾ means. A relative of mine is “of counselâ€￾ at his New Jersey law firm’s letterhead, but that just means he’s old and doesn’t go to the office any more. See if I got this October 16th removal of counsel thing right. Stevens brings in the big $$ case. P/S wins. But maybe no big $$? Then between verdict and appeal, he’s gone, out, off the case (“NOTICE OF WITHDRAWAL OF DON STEVENS AS COUNSEL FOR PLAINTIFFâ€￾)? This after Wake questioned whether plaintiff can collect attorney fees? Maybe Wake is going with “American Rule for Payment of Attorney’s Fees,â€￾ not your Rule 54d? Polsinelli Shughart on the hook for $1.8M, with appeal still to go? I’m only asking the questions, HP. Your the legal expert. You got any answers?
Totally off-topic: anyone watch The Colbert Report on Comedy Central last night? He’s supporting the US speed skating team in the upcoming Canadian Olympics, tongue-in-cheek, it was hilarious. The crowd chanting “U-ICE-A! U-ICE-A! U-ICE-A!â€￾
 
Is anyone really surprised?
No, these lemmings believe that anything west is evil and everything they've always done before is superior. The call sign, flows, and now a scheduling system that would provide the ability to build the best schedule with the scheduling rules available are now on their list of things to oppose out of ignorance.

They'll choose the more expensive, less efficient scheduling system that they will have to pay for in other contract concessions. Bravo!

I eagerly await the unveiling of the USAPA logo: 3 monkeys covering eyes ears and mouth entitled "Hear no benefit, see no benefit, provide no benefit".
 
No, these lemmings believe that anything west is evil and everything they've always done before is superior. The call sign, flows, and now a scheduling system that would provide the ability to build the best schedule with the scheduling rules available are now on their list of things to oppose out of ignorance.

They'll choose the more expensive, less efficient scheduling system that they will have to pay for in other contract concessions. Bravo!

I eagerly await the unveiling of the USAPA logo: 3 monkeys covering eyes ears and mouth entitled "Hear no benefit, see no benefit, provide no benefit".

Have you ever used the east system? I've never used PBS so I don't know much about it, but a west pilot that was a former east pilot told me he liked our system better. Perhaps those folks that have used both should be consulted.
 
They'll choose the more expensive, less efficient scheduling system that they will have to pay for in other contract concessions. Bravo!

If PBS is so advantageous for the company, perhaps USAPA might gain something for the pilots by negotiating off the Line/Block building methodology. Let the company have PBS in exchange for (fill in the blank of your choice).

I don't believe that a T/A will be presented to the pilots for consideration that has anything considered as concessionary. The East pilots have given far to much for too long to keep the good ship USSAirways afloat. And the West pilots have gone far too long without pay increases too.

Having said that, even if there happens to be a resolution to the Nicolau Disaster, management has the pilots right where they want them. Years away from a joint contract and saving millions of dollars keeping East/West under their current contracts fighting each other.

Brilliant!
 
Further checking, your right, looks like Rainmaker Stevens wasn’t a member of the firm. Guess I misunderstood what “of counsel†means. A relative of mine is “of counsel†at his New Jersey law firm’s letterhead, but that just means he’s old and doesn’t go to the office any more. See if I got this October 16th removal of counsel thing right. Stevens brings in the big $$ case. P/S wins. But maybe no big $$? Then between verdict and appeal, he’s gone, out, off the case (“NOTICE OF WITHDRAWAL OF DON STEVENS AS COUNSEL FOR PLAINTIFFâ€)? This after Wake questioned whether plaintiff can collect attorney fees? Maybe Wake is going with “American Rule for Payment of Attorney’s Fees,†not your Rule 54d? Polsinelli Shughart on the hook for $1.8M, with appeal still to go? I’m only asking the questions, HP. Your the legal expert. You got any answers?

Hi Snoop.

First, I am not sure that Don Stevens was a "rainmaker", at least in the context of this case. My uninformed guess is that Marty Harper was the counsel that the West folks sought out, but that would be better answered by one of the plaintiffs. So, if any of the plaintiffs or principals wants to inform me I can turn around and post that answer and you can keep your anonymity here. A PM works or you can e-mail me if you know my e-mail address.

The discussion regarding your relative and the way "Of Counsel" used to traditionally be used is not incorrect. It has simply somewhat evolved with firms using non-members of the firm in differing ways and also has something to do with firm progression to partner levels. Talented attorneys who, for whatever reason, are not going to become partners, are more experienced than associates, but obviously will not become parteners, so being "Of Counsel" can provide a middle ground position.

(Reasons for not becoming partners can be due to firm culture, politics, or economic reasons. Also, partners traditionally have to buy-in to the partnership and that can be expensive. The partners then share the profits and losses and being profitable is not always assured. Junior partners can often be essentially broke for years after becoming a partner.)

I'm not fully understanding your questions on fees, so you might want to expound on it more fully. I will tell you that I expect that the plaintiffs will get a fee award. I am not saying it will be $1.8 mil, but I expect a fee award.

Does that help?
 
I knew you guys had to be doing drugs to believe all that stuff USAPA puts out!


I have to admit, THAT was a great comeback. If he had been "southern" division, that never would have worked because he would have had RC cola coming out of his nose.

Oh, but I am southern division.
 
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