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09-25-2013, 12:02 PM
#1411
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Joined APC: Apr 2008
Posts: 3,240
Writ of Mandamus denied
Usapa's run to the 9th to stop the trial has been denied
Earlier this afternoon, the United States Court of Appeals denied USAPA’s petition for writ of mandamus. The Order (click here) states in its entirety:
Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, the petition is denied.
USAPA Communications
Petitioner has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. See Bauman v. U.S. Dist. Court, 557 F.2d 650 (9th Cir. 1977). Accordingly, the petition is denied.
USAPA Communications
09-25-2013, 12:37 PM
#1412
Gets Weekends Off
Joined APC: May 2007
Posts: 1,353
I really don't understand most of this post.
The MOU says we won't change the seniority lists in effect. Your DFR says as much as the only question is did USAPA fail it's DFR by not including the Nic in the MOU. Nobody but the west is saying the MOU triggers the Nic and in the last hearing implementing it was all but ruled out. I'm just trying to figure out where you guys are coming from.
Turn about is fair play, right? It doesn't make me mad when you use it, it irritates me when you use it then claim some moral high ground, because it is the same thing the east did and the TA allowed it.
The MOU says we won't change the seniority lists in effect. Your DFR says as much as the only question is did USAPA fail it's DFR by not including the Nic in the MOU. Nobody but the west is saying the MOU triggers the Nic and in the last hearing implementing it was all but ruled out. I'm just trying to figure out where you guys are coming from.
Turn about is fair play, right? It doesn't make me mad when you use it, it irritates me when you use it then claim some moral high ground, because it is the same thing the east did and the TA allowed it.
WD AT AWA
09-25-2013, 12:52 PM
#1413
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
So how exactly is the west going to be made "whole?"
09-25-2013, 04:20 PM
#1416
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Joined APC: Apr 2013
Position: A320 FO
Posts: 596
09-25-2013, 04:25 PM
#1417
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
09-25-2013, 04:31 PM
#1418
Gets Weekends Off
Joined APC: Apr 2013
Position: A320 FO
Posts: 596
The West will eventually prevail.
I really think Judge Silver is the only one that needs to answer your questions and so far her answers are damning to the USAPA cause.
Again, I think the Nic award was ill-gotten gains but they were legal gains and NOTHING will change that.
The only one thing worse than bad government is obstructionist government. USAPA is at the pinnacle of obstructionism.
I really think Judge Silver is the only one that needs to answer your questions and so far her answers are damning to the USAPA cause.
Again, I think the Nic award was ill-gotten gains but they were legal gains and NOTHING will change that.
The only one thing worse than bad government is obstructionist government. USAPA is at the pinnacle of obstructionism.
09-25-2013, 04:46 PM
#1419
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
The West will eventually prevail.
I really think Judge Silver is the only one that needs to answer your questions and so far her answers are damning to the USAPA cause.
Again, I think the Nic award was ill-gotten gains but they were legal gains and NOTHING will change that.
The only one thing worse than bad government is obstructionist government. USAPA is at the pinnacle of obstructionism.
I really think Judge Silver is the only one that needs to answer your questions and so far her answers are damning to the USAPA cause.
Again, I think the Nic award was ill-gotten gains but they were legal gains and NOTHING will change that.
The only one thing worse than bad government is obstructionist government. USAPA is at the pinnacle of obstructionism.
09-25-2013, 05:38 PM
#1420
Gets Weekends Off
Joined APC: Apr 2013
Position: A320 FO
Posts: 596
I can't answer the "made whole" question, I imagine that will come after finding USAPA a failure of DFR in other court proceedings. I imagine the West will ask for damages. Their lost advancement and pay is certainly quantifiable, even under their current rates or even our own LOA93. Easily quantifiable losses is always an easy way to convince a judge on damages.
I imagine if that were to happen it might come in the form of an assessment, since the West will be a separate class it would be levied on the East. I shudder to think that I'll be paying for the sins of my fathers for something they did while I was at another job, but I'm a pessimist.
I imagine if that were to happen it might come in the form of an assessment, since the West will be a separate class it would be levied on the East. I shudder to think that I'll be paying for the sins of my fathers for something they did while I was at another job, but I'm a pessimist.
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