AOL update
07-25-2013, 07:56 AM
#1311
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
You are a hoot. You get so wrapped around the axle that you cannot see that I'm rattling your cage. All that we have gone back and forth about is immaterial. Judge Silver has distilled it to just that question, and it's a given that the Nic was removed during the MOU. That is the question-Did USAPA fail it's DFR by not including the Nicolau award.
From the Judge herself(who had to clarify for you what you guys were actually suing for!)
"The exact claim brought by the West Pilots is:
USAPA breached its [duty of fair representation] because it made
a
contract
that abandons a duty to treat the Nicolau award as final and
binding."
From the Judge herself(who had to clarify for you what you guys were actually suing for!)
"The exact claim brought by the West Pilots is:
USAPA breached its [duty of fair representation] because it made
a
contract
that abandons a duty to treat the Nicolau award as final and
binding."
07-25-2013, 08:09 AM
#1312
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
07-25-2013, 08:10 AM
#1313
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
07-25-2013, 12:19 PM
#1314
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Easier time prior to merger? Lol. Truly delusional. I guess you buy into usapas fantasy that we wouldn't be on Americans contract if the Nic was the list. Remember satisfying a political majority is not a LUP
07-25-2013, 12:35 PM
#1315
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
Judge Silver already told you what the LUP was.
What is the term for creating something, voting affirmative for it, then claiming it is illegal?
07-25-2013, 01:16 PM
#1317
Gets Weekends Off
Joined APC: May 2007
Posts: 1,353
You actually believe that both the company and the APA pilots just sit around waiting on you to get the results you desire? That ship has sailed already when you dishonored yourselves by not living up to your agreements. All parties have learned and Parker knows full well you dont have a suit you can bring against them where the west really does have one. Im really hoping for the law suit route myself as that will be a nice retirement settlement.
WD at AWA
WD at AWA
07-25-2013, 01:33 PM
#1318
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
You actually believe that both the company and the APA pilots just sit around waiting on you to get the results you desire? That ship has sailed already when you dishonored yourselves by not living up to your agreements. All parties have learned and Parker knows full well you dont have a suit you can bring against them where the west really does have one. Im really hoping for the law suit route myself as that will be a nice retirement settlement.
WD at AWA
WD at AWA
How about you WD, is the Nicolau award "in effect" at US Airways?
07-25-2013, 02:18 PM
#1319
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
From usapa's motion to dismiss:
"In fact, 97.69% of the Phoenix pilots voted for
the MOU.9 Plaintiffs admit they understood that the MOU did not address the Nicolau
issue (Complaint, ¶82) and that USAPA entered into the MOU with the “firm intention”
of using date of hire list instead of the Nicolau list."
the MOU.9 Plaintiffs admit they understood that the MOU did not address the Nicolau
issue (Complaint, ¶82) and that USAPA entered into the MOU with the “firm intention”
of using date of hire list instead of the Nicolau list."
MR. SZYMANSKI: We haven't had any discussionsbecause they don't want to discuss anything other than theNicolau Award and I don't want the Court to misunderstand the
fact that doing the Nicolau Award itself as it is, as it
stands, is a realistic possibility. It isn't. It just -- itisn't. But we are willing to say --
THE COURT: Why isn't it?
MR. SZYMANSKI: Because we think it was unfair.
fact that doing the Nicolau Award itself as it is, as it
stands, is a realistic possibility. It isn't. It just -- itisn't. But we are willing to say --
THE COURT: Why isn't it?
MR. SZYMANSKI: Because we think it was unfair.
07-25-2013, 02:55 PM
#1320
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
See the exhibit where USAPA said that no west pilot should vote for the MOU thinking that it completed the Nicolau award and no east pilot should vote against it because they fear it would implement the Nicolau award. The language is clear. You guys are the ones trying to pull a fast one.
This is your exact scheme:
-vote yes knowing the MOU doesn't include the Nic
-after a vote, the DFR will be ripe because you have a "contract."
-file a DFR claiming that portion of the MOU is unlawful
-get an injunction and before USAPA can appeal the APA will take over and drop it.
Again I ask, is the Nicolau award "in effect" at US Airways? What is it called when you vote for something knowing what it contains, then file suit claiming otherwise?
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