cactiboss

Silver has ruled on company/usapa request to modify




leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_304_Order.pdf


Turns out she was serious about usapa not being able to participate. Also the 30 day appeal clock starts for the west to appeal this case and keep it alive.

eaglefly

Appeal her ruling so that it can be argued to an appellate court seeking USAPA in DFR to the West while they still are a recognized union ?

ackattacker

She ruled against the company's request to remove footnote 15. Obviously no one (Company, APA, or USAPA) plans to follow the path contemplated in that footnote, which is hopelessly factually and legally inaccurate. She seems to realize she's left behind a confusing mess and seems to almost relish in it. Leaving the company in the awkward position of having to basically ignore certain statements and footnotes while embracing other parts. How can you claim part of the "dicta" is binding, and other parts are not?

The only thing that I can say for sure after this is that there is more legal maneuvering to come.

The Drizzle

At least some lawyers will get richer. >

cactiboss

The bottom line is an appeal keeps this case alive and unsettled until ruled upon by higher court, so we hold usapa hostage until they are decertified. Once usapa is decertified we can drop it.

SewerPipeDvr

Rather interesting legal scholarship there. Makes no sense what so ever. Don't quit your day job. I read her denial. USAPA presented a position during the trial. Judge Silver agreed but gave warning. That warning is coming home to roost. USAPA agreed with the company for removal and asked for even more language be removed (really in effect reversing her findings). She refused both the company and USAPA's additional request. She is saying you asked for it now deal with it. Her ruling is not confusing at all. Only a CBA has a legal right to represent a group. If APA becomes CBA USAPA has no standing or rights to interfere (just what Judge Silver's decision found only directed to the West). USAPA politically had to sign to get that money or the pilots would have revolted. Now they are trying to stay in the game after signing away the rights to represent. Good luck with that just ain't gonna happen. Judge Silver is standing firm. No changes allowed. I think it will be immaterial if the West gets appeal time extended. USAPA will go away and this will be moot, except to APA who will inherit possible damages for the 6 or 7 years USAPA delayed a contract.

ETA- I would be rather surprised if Judge Silver gives two whits about USAPA, East or West. It is just another case to her. Anyone who thinks she is stupid is an idiot. And yes, lawyers continue to make money off this. So, just who hired them anyway?

SewerPipeDvr

I don't think the West is holding USAPA "hostage". You are really dealing with APA now. USAPA might still be the CBA, but if/when the DC court case is dismissed they are a paper tiger. No power to do anything. Just along for the ride until the new CBA is announced. USAir pilots should be working together to try not to get "CALed" in MB arbitration. I think the East/West split is just too great for that to happen. Good luck to all involved.

izzy

Never mind Judge Silver in particular, I think you just described our entire legal system in one nutshell.

I think it's actually designed that way. To be a self perpetuating enterprise. I think most judicial rulings could have been written by Abbott and Costello or Joseph Heller.

SewerPipeDvr

That's it. Blame the lawyers. You people come to us, not the other way around. Human's have conflict. That's life. It won't change. Your attorney does his job for you. The opposite does the same for the other. So sit down with the other side and work it out yourselves. I don't see it happening do you?

cactiboss

The case remaining open is what holds usapa hostage, after all Silver can be reversed and usapa guilty of dfr. That threat keeps the apa from dealing with usapa for fear of inheriting dfr.