US Pilots Labor Thread Aug 27-Sep 3 KEEP ON TOPIC

[des nudo]

I thought Megasnoop had posted that his name was "Steve B", not Rick?

One of many links.

(I edited this after I received an answer to a question I had posted.)

Uh, yeah...like from a MOD spanking you for trying to out a poster?

It's OK, we all have you pegged by now.

 

[Metroyet]

Judge Wake officially DENIED the EDITED BY MOD unions request to stay the permanent injunction today. Also, slams the defendants pretty good through out the document...which always makes me smile.

 

[cleardirect]

Judge Wake officially DENIED the EDITED BY MOD unions request to stay the permanent injunction today. Also, slams the defendants pretty good through out the document...which always makes me smile.

How long will it take for usapa to spend the $5000.00 to be denied a stay in the ninth?

Today or will they wait until Monday?


Correction:
The appeal has all ready been filed. After reading it I am increasing my estimate. That would be closer to $15,000 or $20,000.

How many 190 F/O's does it take to pay for $20,000 worth of legal work?

 

[hp_fa]

You do me proud. Signing off with a Megasnoopism. I got to think about replacing the Yogi-isms with snoop-isms.

I am glad you enjoy it. Personally I was perhaps stupid enough to at least believe we were having an honest discussion with honest positions and facts. I also thought that credibility meant something. I guess those assumptions were incorrect.

 

[Eastisleast]

Judge Wake officially DENIED the EDITED BY MOD unions request to stay the permanent injunction today. Also, slams the defendants pretty good through out the document...which always makes me smile.

More billable hours and the same result. When is this going to end :angry:

 

[cleardirect]

Just a little bit from the order. I guess the judge does not think much of usapa's chances of winning the appeal in the ninth either.

A. Likelihood of Success on the Merits
USAPA has not made a strong showing of likely success on the merits. This Court based its jury instructions and equitable judgment upon an established and essentially harmonious line of fair representation liability cases spanning several circuits, including this one. [Doc. # 593.] Similarly, USAPA’s jurisdictional challenges have clashed with the express holdings of published federal appellate decisions. [Doc. # 593, at 35-42.] This is not an instance where this Court was forced to choose between two lines of irreconcilable precedent, or where courts have expressed doubt about the continuing viability of existing precedent. The court of appeals remains free to revisit its own analysis and to disagree with the analysis of other lower courts, including this one, but that freedom does not connote a likelihood of success for USAPA.

B. Hardship to Parties
USAPA has failed to show that any hardship would result to it from enforcing the injunction during the appeal. The main purposes of the injunction are to prevent USAPA from negotiating a collective bargaining agreement (“CBAâ€￾) that does not include the Nicolau Award, and to prevent USAPA from negotiating separate CBAs for the two pilot
groups. USAPA failed at trial to show any legitimate connection between the negotiation of seniority rights and the negotiation of other economic terms for the pilot groups as a whole. US Airways has already agreed to accept the Nicolau Award and shows no opposition to it.

The balance of hardships does not tip in favor of USAPA, sharply or otherwise. See Golden Gate Restaurant Ass’n v. City of San Francisco, 512 F.3d 1112, 1116 (9th Cir. 2008).

IT IS THEREFORE ORDERED THAT Defendant USAPA’s Motion to Suspend
and Stay Permanent Injunction [doc. # 596] is denied.
DATED this 27th day of August, 2009.

 

[nic4us]

You are not worthy

Are you making reference to my wife,,,, Morgan Fairchild,,, yeah, thats the ticket!

Party on...excellent!

Snoop-isms? I cannot wait. I have some Nic4-isms for you.

"The best things in life are free, how good they are depends on what you are willing to spend on them".

"I like flying jets, they really blow."

 

[ROACLT]

Just a little bit from the order. I guess the judge does not think much of usapa's chances of winning the appeal in the ninth either.

What judge would do so? That would be an admission of making an errors in law during the trial.

 

[Elevation]

USAPA in technicolor

Video here

"The Nicolau award is USAPA's bargaining proposal at the table" Pres Mike Clearly

 

[Freighterguynow]

USAPA in technicolor

Video here

"The Nicolau award is USAPA's bargaining proposal at the table" Pres Mike Clearly

Membership Ratification

embrace the concept.

 

[cleardirect]

Membership Ratification

embrace the concept.

Every contract will include the Nicolau.

Embrace the fact.

 

[Elevation]

Membership Ratification

embrace the concept.

I'm ready to snuggle it... are you?

 

[AWE_SHUCKS]

Every contract will include the Nicolau.

Embrace the fact.

every contract EXCEPT the one we will work under.

 

[cleardirect]

What judge would do so? That would be an admission of making an errors in law during the trial.

What?

No it is experience of 30 years of law.

 

[hp_fa]

I'm not sure I understand or agree with SSM&P and USAPA's tactics in filing a Stay request to the 9th Circuit. Let me list why:

1. USAPA, via Granneth in oral argument, admitted that negotiations were slow going and highly unlikely to be resolved anywhere near December;

2. Filing requests such as this, that is extremely likely to be denied, likely won't endear them to the panel that eventually is assigned to the case;

3. USAPA has cited monetary issues in both the trial ourt and the Court of Appeals, yet continues to file as much paper as possible in all courts, EXCEPT to do discovery in the damages phase in the trial court; and,

4. Why do you want to give the Court of Appeals any extra chances to dislike you when it is already clear from the trial court that it disliked you. All you are doing is providing evidence to the Court of Appeals that the observation of the trial court was based in fact.

Have at it...