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11-19-2013, 07:14 PM
#1711
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Joined APC: Apr 2008
Posts: 3,240
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive adjudication
11-19-2013, 07:17 PM
#1712
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Do YOU know what a declaratory judgement is?
This is a DFR trial regarding a claim that USAPA breached its DFR.
This trial is not about a dispute over the implementation of the provisions that were agreed to in the MOU.
The motion to get a declaratory judgement about a disputed MOU provision is under the exclusive jurisdiction of the system board of adjustment. Start with jurisdiction. Silver doesn't have it, but that may not stop her.
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012.
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012.
This is a DFR trial regarding a claim that USAPA breached its DFR.
This trial is not about a dispute over the implementation of the provisions that were agreed to in the MOU.
The motion to get a declaratory judgement about a disputed MOU provision is under the exclusive jurisdiction of the system board of adjustment. Start with jurisdiction. Silver doesn't have it, but that may not stop her.
11-19-2013, 07:24 PM
#1713
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
You might remember the long, orderly, and legitimate declamatory judgment that was litigated before Judge Silver... I posted that final result for your reading pleasure.
The company's attempt to insert such a cavalier declaratory judgement motion into a DFR trial, that is litigating past actions of DFR, is simply ridiculous. The company is suggesting their is a dispute about the terms of the MOU and its implementation. Judge Silver doesn't have jurisdiction over disputes with regard to labor contracts.
I have reassessed my position. You have amplified it so I think that it is good for now.
11-19-2013, 07:27 PM
#1714
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Yes, future events. Thank you for amplifying my point.
You might remember the long, orderly, and legitimate declamatory judgment that was litigated before Judge Silver... I posted to final result for your reading pleasure.
The company's attempt to insert such a cavalier declaratory judgement motion into a DFR trial is simply ridiculous. The company is suggesting their is a dispute about the terms of the MOU. Judge Silver doesn't have jurisdiction over disputes with regard to labor contracts.
I have reassessed my position. You have amplified it so I think that it is good for now.
You might remember the long, orderly, and legitimate declamatory judgment that was litigated before Judge Silver... I posted to final result for your reading pleasure.
The company's attempt to insert such a cavalier declaratory judgement motion into a DFR trial is simply ridiculous. The company is suggesting their is a dispute about the terms of the MOU. Judge Silver doesn't have jurisdiction over disputes with regard to labor contracts.
I have reassessed my position. You have amplified it so I think that it is good for now.
11-19-2013, 07:29 PM
#1715
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012.
11-19-2013, 07:36 PM
#1716
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
IT IS ORDERED Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012.
entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose. This judgment is binding on the
following class: “All pilots employed by US Airways in September 2008 who were on the
America West seniority list on September 20, 2005.”
DATED this 4th day of December, 2012.
11-19-2013, 07:39 PM
#1717
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
11-19-2013, 07:44 PM
#1718
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
11-19-2013, 07:50 PM
#1719
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Now, back to the burden of proving that USAPA breached its DFR.
First Marty should start with the standard of DFR... A wide range of reasonableness...
Next Marty should state what action was outside a wide range of reasonableness....
Next Marty should state the harm caused by that action...
Next Marty should state monetary award that should be granted to remedy the harm...
Marty never asked for any monetary remedy.. accept for money to pay his bills!!
11-19-2013, 07:54 PM
#1720
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
I really don't care what they voted for! There is no need to prove what they voted for. Their vote speaks for itself.
Now, back to the burden of proving that USAPA breached its DFR.
First Marty should start with the standard of DFR... A wide range of reasonableness...
Next Marty should state what action was outside a wide range of reasonableness....
Next Marty should state the harm caused by that action...
Next Marty should state monetary award that should be granted to remedy the harm...
Marty never asked for any monetary remedy.. accept for money to pay his bills!!
Now, back to the burden of proving that USAPA breached its DFR.
First Marty should start with the standard of DFR... A wide range of reasonableness...
Next Marty should state what action was outside a wide range of reasonableness....
Next Marty should state the harm caused by that action...
Next Marty should state monetary award that should be granted to remedy the harm...
Marty never asked for any monetary remedy.. accept for money to pay his bills!!
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