And that is exactly the reason I question why go through the appeal? While I know in advance that a number of USAPA folks will correctly chime in that it is USAPA's right to appeal, the real question is what is accomplished if the best case scenario is another trial in Phoenix and this time service of process on Bradford will be done correctly, compelling his testimony. Based on what I have seen and read I cannot see anything good coming out of that from USAPA's perspective.
hp-fa, a lot depends on an appeals court ruling and wording, doesn't it? Worse case for us, we win appeal on ripeness alone. Ok, another round of depositions, pre-trial motions, more $$. For us it all comes out of dues/MX fee $$. For the West, another round of fund raising, AFTER they pay off their attorneys for this round. And (see below), no damages. Best case, we win on issues such as jury instructions, other reversible error, which you know will change the entire complexion of the case. And a retrial on our best case wont be knocked out in a week. One thing sure, if its retried on our grounds, Bradfords testimony wont be as damaging as what we'll get admitted. The whole story will come out. If Harper has some ALPA smoking gun, that will come out too. Based on what the 9th Circuit rules, Wake might not even be around for Addington II. Dont tell me theres no precedence for that. 3rd circuit removed a judge on a retrial just last fall. No, I wont do your homework for you.
Meanwhile, this just in (latest USAPA update). There go the damages.
By letter dated June 19, 2009, from Addington attorney Kelly J. Flood to Arbitrator Richard I. Bloch, the Addington plaintiffs have withdrawn the grievance incorporating Counts One and Two. The plaintiffs have withdrawn this grievance despite their stated belief that the Company breached its agreements with the West pilots by "operating in such a way as to take economic advantage of the terms of the US Airways CBA ... to the detriment of the West pilots."
I didnt reply to your reply on last weeks thread, because the chat got too toxic over the past 24 hours, but I'll try now. I also had to check with my favorite NYC lawyer on one point.
QUOTE (Megasnoop @ Jun 24 2009, 10:26 AM)
My take, the remedy will be USAPA forced to negotiate using Section 22-NIC. We cannot drag our feet or negotiate in bad faith (like demanding $500/hr and 120 days vacation a year). We have to keep the judge informed whats going on. Maybe even be monitored by some pest of AOLs choosing.
See, we can agree!!! I'm not as sure about the monitoring, but I fully agree with the first two sentences.
I believe the permanent injunction should be fully appealable once issued. What do you think?
Monitoring wouldn't be an oppressive burden. And it most likely would have to be paid for by the plaintiff. Any permanent injunction would part of the appeal, but still in place during the appeal.
Their perspective is clear: delay, delay, delay. Every day the Nicolau list isn't in effect is a victory for them. Remember how after Gulf War I Saddam Hussein declared 'victory'? The East is very similar, all the way down to having their own Baghdad Bob comm guy. What eventually happened to the Saddam regime?
Flyer, we're getting plenty of delay from the company alone to resort to any delay tactics, which the judge wont allow. But delay? How did we delay this trial? Filing to verdict in less than 8 months in Federal Court no less? That's a delay? Ultimately it will the rank and file voting that determine if and when NIC ever sees the inside cover of a single contract. So I guess USAPA is nothing other than the will of its membership.
After Gulf War I Saddam did declare victory. Eventually, he lost his head. 15 years later! After Gulf War II, Bush declared "Mission Accomplished." That was 6 years ago?
Just in from BOS:
BOSTON DOMICILE UPDATE
June 25, 2009
THE RINK HAS CLOSED
While attending the latest BPR meeting, Jess and I heard a presentation by the Secretary/Treasurer regarding the Section 29 process. As you may know, there is a major ramp-up in this area with the issuance of 50 collection letters a week. So, for all you skaters out there, it's time to put ‘em away and get out the checkbook. The union has been more than patient, and final notices are now accelerating. If you contact us, we will work with you. Everyone has already had plenty of notice. Although not our desire, it is not unlikely that a termination may actually occur … termination for cause. Don’t let it be you. There is no gaming the system as in the previous CBA. It’s all letters and phone calls. No jetway visits. Your employment will simply cease to exist. Stop skating and join us.