Kind of an optimistic point of view. But I believe that you missed a few very real possibilities. Very real possibility number 1. The ninth circuit upholds judge Wake and what usapa managed to do was delay this entire group another two years. Now on the 5- 10% chance that the case does get remanded back to judge Wake.
Well, DUH! Almost bordering on pie-in-the-sky. At least I recognize the odds of being tossed entirely. That might be close to your 5%. Yeah, 9th could uphold, but your odds? The reason the 9th only reverses 5-10% is because most of the appeals are on criminal habeas corpus cases. But by then we'll know about our LOA84 pay reinstatement and whether the company is still viable. So we havent lost much. A win on LOA84, we get the best of both worlds - better than industry average pay and still separate ops, meaning no NIC. If theres a retrial, we can pay for it again. Most likely if a retrial, it would be on the ripeness issue, cant be ripe until theres a contract excluding the NIC. Meanwhile, save your money.
We go through the entire trial but this time the jury gets to hear all of that so important evidence that Seham thinks can change the case. Still will not make a difference and we end up right back where we started. The ninth circuit find thats the case is not ripe yet. Not likely but give the benefit of the doubt for a minute. That means that usapa now has to go and negotiate a DOH list with the company. That is not automatic. As the company has already accepted the Nicolau list. Being the company they are not going to just give it to you for free. So the east pilots end up buying the seniority that you say is not for sale. So on a very long shot usapa manages to buy the east seniority. Now this case is ripe.
As I said, if its reversed, worst case for us if on ripeness. Youd be foolish throwing more $$ at it until its ripe. Your making the assumption we'd include DOH, allowing you another bite at the DFR apple. Think we're that stupid? (Dont answer that!) With LOA84 pay rates, we can include NIC in a contract and unless the company is paying a lot more than LOA84, it will never pass. Why cant your side come to grips with that? But evidently your side is coming to grips with the possibility of an appeal win, at least your chief chat legal ace is.
We go back to court and do it all over again. Same outcome DFR.
Only if we vote in a DOH contract. Do I have to hit you with a 2X4 to get your attention? Your in denial on that.
Oh I know what you are thinking. Yes but the east gets separate ops in the mean time so either way you win. Things change. Separate ops very soon may not be in the east’s best interest much longer. As we keep hearing how old the east is. That age 60 rule will start to cut the other way.
You need to reread Hate2flys post. He brought up a whole new scenario on why the age 65 retires wont cut the other way. Even if hes wrong, thats still 5 1/2 years away before West plus East new-hires equals a majority. By then we'd have over 900 pilots bidding and holding wide-body Intl while you guys bask in your DFR "win."
Rakestraw, Rakestraw, Rakestraw. Blah blah blah. Who cares. From the very first day that is the single case that Seham has leaned on. Guess what. In the judge’s first order he told you, usapa and Seham that it would not support the weight that usapa was putting on it. That was a clear signal that Seham needed to find a different case to build a defense. But Seham blindly plowed ahead. Have you though of what happens if the ninth circuit agrees with Wake that Rakestraw does not apply? What happens to your appeal? Have you though of the possibility that Seham might be wrong? Could it be that Seham is the only lawyer in the country that thinks this will work? Has the BPR gotten a second opinion about the appeal?
The 9th Circuit will decide, not your or my posts, and we've leaned on a lot other cases. The appeal will reveal how many others and their significance and wont turn on Rakestraw alone. If we lose, then we lose. With a LOA84 pay rate win, we go back to negotiations using NIC, which will never pass, even after we retire 1800 pilots from 2012-2017. Again, read Hate2flys ditty. Its an eyeopener. I dont see any fault in his logic.
NO! That’s right the only other lawyer that usapa had looking at the appeal got fired. Brengle is out. Could that have something to do with Seham wanting to be the only voice that Cleary hears? Once again the dissenting voice is silenced under the usapa regime.
Bringle was brought in for his court room experience. He did the job. If we're back in court, Bringle will probably be back too. Spin his absence how you want. We dont care much. But funny how you say we spent too much on attorneys but when we reduce the number you criticze?