Actually the East union guys entered into an agreement that they are not honoring, they then became USAPA. USAPA was formed to circumvent Nic.
You can't run from the truth, and Wake and the jurors sure knew the truth.
This will be settled in the 9th circuit, not on this chat. "They" (East) did not become USAPA. East and West became USAPA. All pilots were allowed to vote.
What Wake said in his court this week has no bearing on the 9th Circuit. They will not hear it. The jury ruled on what they were allowed to hear and on the judge's instructions. We believe the judge made appealable errors. So we appeal. That's our privelege. You attack us for exercising our rights. That's your privelege.
Not unfair, not unjust, not to be discredited. Your side agreed to the arbitration, then you didn't like it and wanted to take your football home. Too bad, can't do that, Nic is the law, and it is not going away. But, feel free to waste millions of $$ on a Quixotic quest, the lawyers will gladly accept the money.
USAPA does not equal "your side." USAPA didnt even exist when the NIC came out. ALPA didn't even think the NIC was fair and equitable. They spent over $1M to compromise it out. Your side stopp its ground. That was your right and obligation to your membership. We dont spend our money wisely? West sued us for DFR. Any expenses incurred for trial were spent wisely. Just as expenses for appeal. That is what the union BPRs and majority members demand. You scoff at the motions we file. We file motions to cover all the legal angles. You miss one and you could jepardize the whole case. Is that spending you into the ground? Hardly. Its covering all the bases to challenge a result of a lawsuit we didnt file. We have the will and the funds to persue this. If you dont, thats your deal.
NIC will not be overturned by the courts. But its hardly "law." No telling how the 9th will rule. We could lose our appeal. Depending on the court's wording, that could be the end of it. A court reversal could be limited (it wasnt ripe, come back when you have a DOH contract), middle of the road (the judge made some errors that force it to be tried again) or wide (as a matter of law, this case is reversed, sent back to the judge to dismiss). For every argument in your brief, we'll have a counter, and vice versa.
One thing you (and the East ALPA-phyles) wont get is quick end to this. We will play it out, along with LOA84, $70m guaranteed payments and the pension investigation. The law allows us to.
Meanwhile, we'll attend the negotiating sessions, keeping in mind we cannot deliver or even discuss a TA that has DOH language in it, at least not until we get a favorable ruling from the court.
Since your an HP earlyretiree, I'm not sure why all this gets you so upset. You have no personal stake in this, unless you have a wife who still flies on the west side.
