AOL update
#2361
Wow. If what you say is true, then it sounds like the East could really get hosed in the AA SLI. If what you say is true and the East gets a too favorable result in the SLI from the arbitration, the APA can just refuse to incorporate the award in the contract just like USAPA did. After all, according to USAPA, binding arbitration isn't really binding and according to you the award would have "no legal authority" anyway since it's not yet part of a contract that already would exist (JCBA).
On the other hand, if the award favors the AA pilots more or gives more to the west than USAPA believes is fair, the APA can just incorporate the award into the contract and now it's a legal contractual term and part of a contract that "circumscribes the award and the parties" (previously in existence) as isn't the JCBA in force before the arbitration award ?
Man, I love USAPA spaghetti logic !!!
On the other hand, if the award favors the AA pilots more or gives more to the west than USAPA believes is fair, the APA can just incorporate the award into the contract and now it's a legal contractual term and part of a contract that "circumscribes the award and the parties" (previously in existence) as isn't the JCBA in force before the arbitration award ?
Man, I love USAPA spaghetti logic !!!
WD at AWA
#2362
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Wow. If what you say is true, then it sounds like the East could really get hosed in the AA SLI. If what you say is true and the East gets a too favorable result in the SLI from the arbitration, the APA can just refuse to incorporate the award in the contract just like USAPA did. After all, according to USAPA, binding arbitration isn't really binding and according to you the award would have "no legal authority" anyway since it's not yet part of a contract that already would exist (JCBA).
On the other hand, if the award favors the AA pilots more or gives more to the west than USAPA believes is fair, the APA can just incorporate the award into the contract and now it's a legal contractual term and part of a contract that "circumscribes the award and the parties" (previously in existence) as isn't the JCBA in force before the arbitration award ?
Man, I love USAPA spaghetti logic !!!
On the other hand, if the award favors the AA pilots more or gives more to the west than USAPA believes is fair, the APA can just incorporate the award into the contract and now it's a legal contractual term and part of a contract that "circumscribes the award and the parties" (previously in existence) as isn't the JCBA in force before the arbitration award ?
Man, I love USAPA spaghetti logic !!!
The MOU is a contract and stipulates that a MB process will occur in a very tight timeline. If arbitration occurs according to the MOU contract, and if the merger continues according to the terms of the contract then the SLI will be effective according to the terms of the contract.. and the company and the unions will abide by the terms of the contract.
According to the terms of the contract... that is EXACTLY what Leonidas advised the West pilots... "according to the terms of the MOU". Think about it. Nothing has any meaning or relevance apart from the terms of the contract, no matter how much cheerleading anyone does, or how many donations a for-profit LLC collects.
#2363
Flies With The Hat On
Joined APC: Aug 2006
Position: Right of the Left Seat
Posts: 1,339
No, your statement is completely incorrect
This is because in this AAL merger timeline JCBA predates ISL arbitration. Also, the ISL arbitration falls under MKB, which is a Federal Law that supersedes contract law.
American is the reason for MKB and Airways for JCBA before arbitration. The two children will play together if they like it or not!
Eaglefly, please be more accurate with your posts. No need to stir the pot my friend!!!!
This is because in this AAL merger timeline JCBA predates ISL arbitration. Also, the ISL arbitration falls under MKB, which is a Federal Law that supersedes contract law.
American is the reason for MKB and Airways for JCBA before arbitration. The two children will play together if they like it or not!
Eaglefly, please be more accurate with your posts. No need to stir the pot my friend!!!!
#2365
Banned
Joined APC: Jun 2008
Posts: 8,350
No, your statement is completely incorrect
This is because in this AAL merger timeline JCBA predates ISL arbitration. Also, the ISL arbitration falls under MKB, which is a Federal Law that supersedes contract law.
American is the reason for MKB and Airways for JCBA before arbitration. The two children will play together if they like it or not!
Eaglefly, please be more accurate with your posts. No need to stir the pot my friend!!!!
This is because in this AAL merger timeline JCBA predates ISL arbitration. Also, the ISL arbitration falls under MKB, which is a Federal Law that supersedes contract law.
American is the reason for MKB and Airways for JCBA before arbitration. The two children will play together if they like it or not!
Eaglefly, please be more accurate with your posts. No need to stir the pot my friend!!!!
#2366
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
All the parties to the contract agreed to amend the contract, to extend the protocol agreement process 30 days. That's a right that parties to a contract always have.... the right to.... renegotiate. The West has wasted millions of dollars searching for someone to take away that right, even after they voted 98% to do it themselves.
#2367
Got it.
#2368
Banned
Joined APC: Jun 2008
Posts: 8,350
Is a pot black on the planet USAPA like it is on Earth ?
#2369
I didn't get "caught" doing anything. I was QUESTIONING Usapian logic that was confusing to some of those of us on planet Earth. Sounds like you're from the planet USAPA and so it's undertandable you'd "run" with their logic by disregarding their own monstrous hyperbole in considering binding arbitration non-binding or validating the attempt to snooker the west into relinquishing their rights by telling two different stories about what the MOU meant depending on the audience, both of which you seem to accept.
Is a pot black on the planet USAPA like it is on Earth ?
Is a pot black on the planet USAPA like it is on Earth ?
Nobody snookered anybody. The west has been counseled since the start of this thing. Anybody who actually believes that the west has been snookered is the one who is actually snookered--or who is trying to snooker.
That merger was the victim of complete crap merger language in ALPAs constitution and bylaws by: 1) on the snapshot, not considering longevity as part of the merger process--itself a victim of numerous changes in "fair" merger policy and 2) allowing a loophole in the SLI via a single CBS independently ratified as grounds for implementation of the SLI.
There are jerks on both sides--have seen them both. In considering your post, there are jerks on the AA side as well.
The west side is trying to play both sides of the fence, since the one side they attempted to commandeer suddenly appears to have browner grass than the other side.
Plausible deniability don't fly with me. It's funny that the west still considers themselves a victim, for the East merely exploited a loophole. It is the west running around whining, crying, and suing--oh, and you.
#2370
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
I didn't get "caught" doing anything. I was QUESTIONING Usapian logic that was confusing to some of those of us on planet Earth. Sounds like you're from the planet USAPA and so it's undertandable you'd "run" with their logic by disregarding their own monstrous hyperbole in considering binding arbitration non-binding or validating the attempt to snooker the west into relinquishing their rights by telling two different stories about what the MOU meant depending on the audience, both of which you seem to accept.
Is a pot black on the planet USAPA like it is on Earth ?
Is a pot black on the planet USAPA like it is on Earth ?
Here is a question for you.... "What exactly says the Nicalau award is final and binding?"
The ONLY thing that ever said the ALPA internal process would be followed was the 2005 TA, which itself reserved the right to be amended...
.... and the 2005 TA became a nullity on 9 Dec 13 by agreement of the MOU that everyone voted on.
Ergo there is no legal document that retains any "final and binding" for the old, internal ALAP process that was never used.
Move on.
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