West Crews

[snapthis]

I understand, after reading a certain letter, someone's moral compass is broken and AF/O Bradford steered our pilot group into division and lawsuits.

Sometimes it's less troublesome to live with the results of an arbitration rather than having to defend yourself against a painfully ripe lawsuit.

 

[snapthis]

Dupe

 

[Pi brat]

I am sure that if I told you water was wet you would find a way to dispute that.

No, not if they actually had water, but I would make sure that it was water as the west often seems to have something they don't.

 

[Pi brat]

I understand, after reading a certain letter, someone's moral compass is broken and AF/O Bradford steered our pilot group into division and lawsuits.

Sometimes it's less troublesome to live with the results of an arbitration rather than having to defend yourself against a painfully ripe lawsuit.

Sometimes it's better to understand you circumstances and live by your contracts in hand(TA) than to file unripe lawsuits and keep your fellow pilots mired.

 

[Keroseneuser]

I think you are wrong, starting with the fact that you think we voted for a POR.

Ok you caught me with a typo error. But as I stated before, you are basing your premise that after the POR happens that the T/A forces the use of the NIC. But the conditions of the MOU specifically voids anything that came before the MOU (POR). Now how will a court view this? At this point who knows. As laid out in contractual black and white, the T/A that resides in the current contract is basically an unfinished draft. The specific terms of that draft will never be met now. The MOU that we all voted in to replace the current contract, T/A and any and all language therein, fully makes void anything we currently have. From a contract point of view we all voted to scrap everything before in an effort to get past this quagmire. Now from a court point of view who knows how it will end up. I suspect the court is going to take the contractual point of view on the situation. The MOU is the ONLY thing these two groups have agreed on in the last 7 years. If I were a betting man I would say that is what the court is going to base it's decision on. It has two choices really, force a now defunct non completed T/A that had renegotiation clauses in it, or go with the MOU that the entire pilot group both east and west voted massively in favor of. If the court should go with the previous now defunct contract and T/A, well the secondary effect will be the voiding of the MOU. Nobody gets a raise, the company now has 3 groups and 3 contracts to deal with and in general a huge mess. No idea how it will come out, but I don't see the court being able to blend the 2 without issues. The contractual language is too specific and different. It is new territory for RLA cases for sure, BUT contracts get renegotiated everyday........so the question is will the court see this as a "renegotiated contract" or will they attempt to forge into new territory? Will be interesting.

 

[prechilill]

Sometimes it's better to understand you circumstances and live by your contracts in hand(TA) than to file unripe lawsuits and keep your fellow pilots mired.

Pull your head out of your deep, dark, smelly hole... It's RIPE!!! THANK GOD FOR THE APA

 

[snapthis]

Excerpt from Doc 136

C. The MOU vote did not reflect support for, or opposition to, this litigation.
USAPA’s argument that the MOU ratification vote shows that most West Pilots take a different position than the named Plaintiffs on the Nicolau Award is fundamentally flawed. That is because USAPA conducted that vote with an express instruction that pilots should vote without regard to their position on the Nicolau Award. For one example, in a January 23, 2013, message to its members, USAPA stated that “no East pilot should vote against the MOU because they fear that ratifying the MOU will implement the Nicolau Award, and no West pilot should vote for the MOU because they believe the MOU will implement the Nicolau Award.” (Doc. 14 at ¶ 88; Doc. 14-3 at App. 389-90.) For another example, on February 7, 2013, USAPA stated that “West pilots should not vote in favor of the MOU because they believe it will revive the Nicolau Award, and the East pilots should not vote against it because they are concerned it will cause the Nicolau Award to be implemented.” (Doc. 14 at ¶ 90; Doc. 14-3 at App. 391.) It truly defies belief that USAPA now argues that the results of that vote reflect the West Pilots’ position on pursuing this litigation.
D. USAPA accepted the adequacy of the named Plaintiffs as representatives of the West Pilots when it sought to negotiate a settlement.
At the May 14, 2013 hearing, USAPA voiced no objection to negotiating a class- wide settlement with the named Plaintiffs. (Jacob Decl. at ¶ 7 [RT at 78:20 to 78:23 (Mr. Szymanski: “What would be helpful to get this process going on [sic] is for them to understand that they are supposed to sit down and talk with us about this rather than just simply insist on this one Nicolau Award. . . .”)].) Representatives chosen by the named
6
Plaintiffs met with representatives chosen by USAPA but failed to reach a settlement. (Docs. 101, 103, 105.) By participating in that process, by accepting the named Plaintiffs as adequate representatives for purposes of settlement discussions, USAPA essentially waived objecting to their adequacy for purposes of this litigation.

III. Conclusion
This Court has ample discretion to certify the class on the current record before it. It, therefore, should reject USAPA efforts to delay class certification for the evident purpose of delaying the pending trial on the merits. Plaintiffs respectfully ask the Court to certify the class and, in so doing, to order that USAPA cannot conduct discovery into the adequacy of class representatives prior to the September 24, 2013, trial date.
Dated this 5th day of August, 2013.

 

[Pi brat]

Pull your head out of your deep, dark, smelly hole... It's RIPE!!! THANK GOD FOR THE APA

Yes, Judge Silver framed it so that she can call it ripe NOW. It wasn't when you filed the original in 2008, now was it AF/O?

 

[snapthis]

Sometimes it's better to understand you circumstances and live by your contracts in hand(TA) than to file unripe lawsuits and keep your fellow pilots mired.

If you go to the pilot thread we are in the process of cleaning our house and hauling USAPA to the the curb. Don't bother looking in the recycle bin. It's going to the dump.

 

[prechilill]

If you go to the pilot thread we are in the process of cleaning our house and hauling USAPA to the the curb. Don't bother looking in the recycle bin. It's going to the dump.

Beautiful!!! Lol.
You know, it's funny to think about this- usapa was formed and sold to the sheep that a new union could slither under the DFR bar because as history has demonstrated, DFR is hard to win.
But it looks like usapa is about to be one of the very few unions to lose a DFR case! Lol!!!

 

[Pi brat]

If you go to the pilot thread we are in the process of cleaning our house and hauling USAPA to the the curb. Don't bother looking in the recycle bin. It's going to the dump.

Not really. You can't take any credit for that. You have been trying to do it since 2007 with no luck, but a merger and the APA will do it for you. Don't take credit for something you didn't do. Shows lack of integrity.

 

[snapthis]

Not really. You can't take any credit for that. You have been trying to do it since 2007 with no luck, but a merger and the APA will do it for you. Don't take credit for something you didn't do. Shows lack of integrity.

Actually, a vote for the MOU and merging with AA, which West pilots supported by over a 90% margin helped get rid of the USAPA problem.

Lack of integrity? Consider the source.

Thanks for the

 

[traderjake]

Can you expand on this, as I don't see it in the latest bid.

We are overstaffed and the West is understaffed.

 

[snapthis]

We are overstaffed and the West is understaffed.

Bingo!

Go with LOA 93 wages and new hires.

Management loves cheap labor.

Hopefully things will change when our pilots are represented by a real union.

 

[Pi brat]

We are overstaffed and the West is understaffed.

We are ocerstaffed? For the Sept cutback maybe but I flew every day in call last month. They have to be ready for 117it and retirements. The west has fewer fleet types hence less training.