AOL update
01-10-2014, 07:13 PM
#2393
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
She assumed the West claim that USAPA had a duty to use the Nicolau award.... Don't miss the gravity of that assumption. It was allowable for her to make that assumption because it magnified the Plaintiff's failure to meet the burden of proof, even with the benefit of an assumption that was not even validated.
That implicit assumption would not be valid to find USAPA guilty... i.e. proving the duty to use the Nic is a necessary element to carry the plaintiff's burden. The fact the plaintiff couldn't cross home plate even after Silver assumed they could start at 2nd base.... well you get the idea.
To carry the burden of proof, the court cannot accept Marty's wish for the court to implicitly assume that USAPA has an obligation to use the Nic. In the next lawsuit (you know some of you guys can't resist) Marty will have to prove the 2005 TA is still in force, rather than a nullity.
01-10-2014, 07:26 PM
#2395
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
01-10-2014, 08:01 PM
#2396
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
01-10-2014, 08:27 PM
#2398
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
the west fully expects the Nicolau to be used, if it isn't, the apa as our bargaining agent at the time of MB arb will be sued.
01-10-2014, 08:48 PM
#2400
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
This afternoon Judge Roslyn Silver issued her decision in our law suit against USAPA. You can read the order here. We highly encourage all pilots to read the 22 page order in its entirety. Unfortunately, the Court did not grant us the relief requested, but the Court did find the following:
- Our DFR question is difficult to answer without a final seniority regime to compare against the Nicolau;
- Only a bargaining agent can participate in the McCaskill-Bond process;
- Judge Silver has serious doubts whether USAPA will fairly and adequately represent the West;
- Judge Silver ruled that USAPA will not be allowed to participate in the seniority integration proceedings once the NMB certifies the APA as the exclusive bargaining agent.
We will provide a more detailed update after we have more thoroughly analyzed today's order. This has been and continues to be quite the Odyssey for all US Airways pilots. The West is still here because of your unwavering support. We will close by saying this: the seniority dispute is far from over.
Take care and fly safe.
Sincerely,
Leonidas, LLC
- Our DFR question is difficult to answer without a final seniority regime to compare against the Nicolau;
- Only a bargaining agent can participate in the McCaskill-Bond process;
- Judge Silver has serious doubts whether USAPA will fairly and adequately represent the West;
- Judge Silver ruled that USAPA will not be allowed to participate in the seniority integration proceedings once the NMB certifies the APA as the exclusive bargaining agent.
We will provide a more detailed update after we have more thoroughly analyzed today's order. This has been and continues to be quite the Odyssey for all US Airways pilots. The West is still here because of your unwavering support. We will close by saying this: the seniority dispute is far from over.
Take care and fly safe.
Sincerely,
Leonidas, LLC
This "Odyssey" is expensive but its one wild ride, and if you don't pay us the "Odyssey" isn't as exciting.
Some lawyers and televangelists are a blight on the nation. Healthy, well fed blights.
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