US Pilots labor thread 5/3-

[cleardirect]

The emergency stay didn't "fail miserably."

The reason for filing it became moot, and that's why it was denied.

Are you trying to say that usapa filed an emergency stay based on press releases and then the court denied that motion based on a press release? This is not the crew room where rumor rules. This is a court of law where facts rule the day.

Before: TASHIMA, GRABER, and BYBEE, Circuit Judges.

Defendant-appellant’s original motion to stay judgment, which is still pending, is denied.

Defendant-appellant’s renewed emergency motion to stay judgment is also
denied without prejudice to its being renewed after it has been presented to the district court.

What in this order makes you think that they denied it because it is moot? This order was released on April 23, 2010, the company released it to the employees on April 22, 2010. Do you really think that the ninth circuit follows the news that close to make the decision? This was probably decided before the press release on April 22, so it had no bearing at all. These are court proceedings that make legal decisions on the law, not on press releases. What is the excuse for denying the original appeal to stay?


You guys can tell yourselves anything you want but the truth is the emergency stay was filed in the wrong court for the wrong reason. It was denied not because it was moot but because it was a bad filing. So yes Seham gave bad advice to clients who continually act on bad advice. Just another couple thousand for the lawyers paid for by the pilots.

When the appeal fails who will you point the finger of blame at? Will it be Seham for giving the advice or will it be Cleary for following that bad advice?

 

[OTTER574]

I'm sure your reps agree with most of what you share with them, mine do not. A friend of mine(east guy that has fought for them) made me aware of the C18 situation and they didn't like what I had to say about it.

There's a saying out west........."when is the next RECALL of our union reps/mec?" In regards to usapa and the east, this is long overdue IMHO.

If you're happy with usapa and its representation than fine and if not, fire the SOB's

 

[Metroyet]

The emergency stay didn't "fail miserably."

The reason for filing it became moot, and that's why it was denied.

Technically you're correct. The "Emergency" stay was denied because Lee $eham is an Effing Idiot, paid blindly by a cadre of gullible dolts. $eham filed the motion in the wrong court. Gotta play by the rules...I know it's a foreign concept to you guys but it's still the way things work in the real world adults live in.

The ORIGINAL request for a stay, the one 8 months old, the one filed in the proper courts and followed proper legal procedure, THAT stay was denied and THAT was the one that "Failed Miserably". The 9th just sent $eham an unmistakable signal:

Let me translate the tea leaves for you. You're going to lose...Then What? What other paper thin, clumsily veiled excuse will you contrive to further delay the improvement of 5000 pilots and their families? How many more millions of dollars of dues money will you pump into $eham to keep orchestrating the continued DFR and contempt of Court? I'm sure it's something.

 

[cleardirect]

What does this have to do with anything? Just like the pilots, he gets what he negotiates. The only differences are that USAPA has been hog-tied by Judge wake, and Parker is negotiating with his "hand-picked" BOD.

Revenue and profit have absolutely NOTHING to do with CEO pay. Just ask any shareholder of AIG or Goldman Sachs.

Seriously! You can not be that uninformed. Usapa is not hog tied from negotiating a contract. Point to anything in the injunction that keeps usapa from getting a pay rate or vacation or scheduling changes. How does the injunction hog tie usapa from improving retirement or insurance or what hotels we stay in?

Try and stick with the facts if you could.

As for negotiating with the company. Usapa said that they could get a quick contract and DOH from the company. So far they have not been able to get anything.

 

[wopr21]

God I hope the 9th rules ....soon
:unsure:

 

[88 B.T.D.]

Either you're mistaken or Parker has something up his sleeve. Not including the E190's, there were 330 planes in the combined fleet at the end of the 1st quarter, which is planned to go to 324 by the end of the 3rd quarter - a drop of 6.

Jim

Thanks Jim, I missed the "year end" 2010 on the scope committee message.

 

[BoeingBoy]

Thanks Jim, I missed the "year end" 2010 on the scope committee message.

That would explain the difference. Thanks for tracking it down. FWIW, the investor update that came out at the time of the 1st quarter conference call indicated no net change in the mainline fleet between the end of the 3rd quarter and the end of this year. Express is losing two CRJ200's.

Jim

 

[HPDriver]

I like this song.

So the East formed a union
and demanded date-of-hire
"The West is just too greedy
And the NIC provokes our ire!"

And add the refrain:

So we continue to work under LOA93

 

[HPDriver]

The emergency stay didn't "fail miserably."

The reason for filing it became moot, and that's why it was denied.

No.

It failed miserably.

And it eliminated USAPA's initial request as well.

And the rest of your post is BS.

 

[Monkee]

God I hope the 9th rules ....soon
:unsure:

Very soon, so the USAPA cultists will hopefully get the message...

 

[luvthe9]

Very soon, so the USAPA cultists will hopefully get the message...

We already got the message. Arizona has some bizarre legal ways. Coming soon, Arizona Legal, starring Judge Neil Wake. Unfortunately, what could have been an interesting but bizarre show, is going to get cancelled by the Ninth.

 

[luvn737s]

Yeah, Arizona has this crazy notion that you should hold people accountable for breaking the law. Go figure.

 

[Freighterguynow]

How many east pilots are willing to work under LOA 93 for 12 years only to hold off an arbitrated seniority list?

How many east pilots want to retire on LOA 93 rates? How many captains want to remain on LOA 93 rates and work rules for another 5 years?

How many recall efforts have even been attempted at a local meeting?

None! - there is your answer.

 

[Barrister]

Because that has become the industry standard. CAL offered DAL plus $1.00. If Parker offers anything substantially less than that he knows it will not pass. Why would he waste his time or ours? Usapa has stated that their goal is industry standard. Are they capable of delivering that contract with those rates or not?

It is USAPA’s responsibility to negotiate a new improved contract. If they fail to generate the leverage needed or fail to bring a contract with similar rates usapa is done as a bargaining agent. If usapa fails to bring a new contract in a timely manner usapa is done as the bargaining agent.

As I pointed out attrition will get some pilots improvements but not all. Parker knows that he has failed so far in this merger. The only way to fix it now or to get a merger done is a lot of cash for the pilots.

If usapa or the east pilots wait another 2 1/2 years for attrition to kick in, then another 2-3 years to capture some of the upgrades. Does anyone truly believe that this pilots group will continue to stay on LOA 93 wages with usapa in charge for 6 1/2- 7 years without a contract or any victory? How many east pilots are willing to work under LOA 93 for 12 years only to hold off an arbitrated seniority list?

How many east pilots want to retire on LOA 93 rates? How many captains want to remain on LOA 93 rates and work rules for another 5 years?

Dude you are either playing dumb or not paying attention. Why would he waste his time or ours....YGTBSM..........oh..... let me se....I'll give you 122 million reasons.
And yes, we will wait the 2-3 years and no it won't take 2-3 years for the retiremments to kick in ....they start immediately....
you know the guy who was going to retire Monday and was called by the CP on Friday and was told watchagonnado now that the law has changed ...and he said I'll stay....
well that guy goes first and an EAST guy will replace him....nuff said!!!!How many pilots want to retire on LOA 93.....none....how many EAST moveups under NIC....damn few, how many moveups under sep ops....ALL OF THEM. Getting tired of schooling you..

VNIIMN
NPJB

 

[Flippin43]

We already got the message. Arizona has some bizarre legal ways. Coming soon, Arizona Legal, starring Judge Neil Wake. Unfortunately, what could have been an interesting but bizarre show, is going to get cancelled by the Ninth.

9,

Help me understand how this is likely since the 9th has denied usapas request for a stay, which had they issued a stay, may have signaled the cancellation that you wish so hard for.

But the unspinable truth is that the 9th Circuit has Officially DENIED usapas request to be able to continue to violate the rights of West pilots.

If you think this will change soon, I know of some waterfront property in Louisiana you might be interested in.

Flip