Search

Notices

AOL update

Thread Tools
 
Search this Thread
 
Old 03-09-2013, 12:21 PM
  #411  
Banned
Thread Starter
 
Joined APC: Apr 2008
Posts: 3,240
Default

Originally Posted by Carl Spackler;

You're right that DOH would basically be a staple, and as such, will never happen thanks to McCaskill-Bond.
Carl
How can you back the east pilots actions after saying this?
cactiboss is offline  
Old 03-09-2013, 12:24 PM
  #412  
Back on TDY
 
Carl Spackler's Avatar
 
Joined APC: Apr 2008
Position: 747-400 Captain
Posts: 12,487
Default

Originally Posted by cactiboss
not true, you want a snapshot now with downgrades and furloughs, that hurts the west and we won't even consider it.
Yet that's exactly what you've wanted the east pilots to accept. A snapshot back when USAir had guys furloughed and you didn't. That was unfair then, just as it would be unfair now if that were to happen to the west guys. Interesting you should use the phrase "we won't even consider it". That's exactly what the east pilots said when the Nic award came out. It really shows that you would have done the same thing if the award had been reversed. No pilot group would have just rolled over with an award as unbalanced as the Nic was.

Originally Posted by cactiboss
See we have less seniority today than in 2005, you know that . You think the arbitrators will ignore the Nic? I will tell you here and now that the east/west pilots will be arranged in Nicolau order when this is over, it won't be called Nicolau but the us/aa list.
You could be right about that. Or it could be a snapshot taken with both sides' pilots active, then ratio the two lists into APA. You just never know.

Carl
Carl Spackler is offline  
Old 03-09-2013, 12:31 PM
  #413  
Back on TDY
 
Carl Spackler's Avatar
 
Joined APC: Apr 2008
Position: 747-400 Captain
Posts: 12,487
Default

Originally Posted by cactiboss
How can you back the east pilots actions after saying this?
I didn't say I back their actions. I've just said I understand them. You would have done the exact same thing if you had been stapled. Anyone would. They are trying to staple you with DOH now as some sort of power play/punishment...and that will also never happen.

I fault your attorneys who are telling you that you have a DFR case. That's just wrong. I hope that all 3 lists are brought before the arbitrator and that he is wise enough not to penalize any side for furloughs.

Carl
Carl Spackler is offline  
Old 03-09-2013, 12:53 PM
  #414  
Banned
Thread Starter
 
Joined APC: Apr 2008
Posts: 3,240
Default

Originally Posted by Carl Spackler

I fault your attorneys who are telling you that you have a DFR case.
Carl
You understand that w already won a jury trial right? Do you also understand that judge Silver says usapa must have a legitimate union purpose to not use the Nic? Think about that last one, we just voted in a new contract (or a guaranteed process to one if you prefer), what legitimate reason would usapa have to take the Nic from the west to benefit the east?
cactiboss is offline  
Old 03-09-2013, 02:16 PM
  #415  
Gets Weekends Off
 
Joined APC: Jul 2012
Posts: 220
Default

Perhaps they want to avoid a DFR from the furloughed East pilots.
Gallifrey is offline  
Old 03-09-2013, 02:26 PM
  #416  
Banned
Thread Starter
 
Joined APC: Apr 2008
Posts: 3,240
Default

Originally Posted by Gallifrey
Perhaps they want to avoid a DFR from the furloughed East pilots.
Well heck, why hasnt usapa said so? Moving the west pilots backwards is legitimate because it moves the east furloughs forward on the list. Brilliant.
cactiboss is offline  
Old 03-09-2013, 04:29 PM
  #417  
Back on TDY
 
Carl Spackler's Avatar
 
Joined APC: Apr 2008
Position: 747-400 Captain
Posts: 12,487
Default

Originally Posted by cactiboss
You understand that w already won a jury trial right?
Yes I do. And I'm sure you understand that you have been (thus far) successfully and legally kept from operating under what your jury trial said you were entitled to. Two separate lists is your current status quo.

Originally Posted by cactiboss
Do you also understand that judge Silver says usapa must have a legitimate union purpose to not use the Nic?
That's not what I remember reading. I remember reading Silver saying that USAPA could choose not to implement Nic if it was for a legitimate union purpose. USAPA will undoubtedly argue that they did just that with the agreement they forged with everyone (including west pilot leadership). An agreement that garnered 95% YES votes from west pilots.

Originally Posted by cactiboss
Think about that last one, we just voted in a new contract (or a guaranteed process to one if you prefer), what legitimate reason would usapa have to take the Nic from the west to benefit the east?
There might also be some east pilots who benefit more from the Nic than what might happen from 3 lists being brought to the arbitrator. But since the Nic has never been implemented, those east pilots would have the same hard time that you will in proving harm with respect to your current status quo.

Carl
Carl Spackler is offline  
Old 03-09-2013, 07:55 PM
  #418  
Banned
Thread Starter
 
Joined APC: Apr 2008
Posts: 3,240
Default

Originally Posted by Carl Spackler
Yes I do. And I'm sure you understand that you have been (thus far) successfully and legally kept from operating under what your jury trial said you were entitled to. Two separate lists is your current status quo.



That's not what I remember reading. I remember reading Silver saying that USAPA could choose not to implement Nic if it was for a legitimate union purpose. USAPA will undoubtedly argue that they did just that with the agreement they forged with everyone (including west pilot leadership). An agreement that garnered 95% YES votes from west pilots.



There might also be some east pilots who benefit more from the Nic than what might happen from 3 lists being brought to the arbitrator. But since the Nic has never been implemented, those east pilots would have the same hard time that you will in proving harm with respect to your current status quo.

Carl
See you don't get it. The Nic. Is status quo combined list, you know what they say about repeating a lie long enough and you begin to believe it? Well usapa has been lying all along about not only inheriting the Nic but also about the Nic not being status quo.

From Silver:
The primary focus of the parties’ summary judgment filings is whether the Transition
5 Agreement is “binding” on USAPA. According to USAPA, it is “not ‘contractually’ bound
6 by any of ALPA’s agreements,” including the Transition Agreement. (Doc. 160 at 10). But
7 the West Pilots, as well as US Airways, cite a variety of authority supporting the position that
8 the “decertification of ALPA and the certification of USAPA did not change the binding
9 nature of the Transition Agreement.” (Doc. 164 at 7). The West Pilots and US Airways are
10 correct.
so the Silver says usapa can change the "existing" list at its own risk. The Nic. Is alive and the company must agree to kill it, usapa cannot unilaterally do it. You say the mou does this, again you show your ignorance of the facts. Usapa, their lawyers and communications are all on record saying the mou did not address east west seniority in any way. So if you and r57 are to be believed, usapa lied to the west and that my friend is illegal and would make our dfr lawsuit "ripe". Btw our TA which is still in effect, requires the Nic implementation when a single contract is voted in.

Last edited by cactiboss; 03-09-2013 at 08:08 PM.
cactiboss is offline  
Old 03-10-2013, 01:57 AM
  #419  
Banned
 
Joined APC: Nov 2008
Position: A330
Posts: 1,043
Default

Originally Posted by cactiboss

The Nic. Is alive and the company must agree to kill it, usapa cannot unilaterally do it.
Why do you keep capitalizing the word after "Nic."

Did you even graduate from high school?
DCA A321 FO is offline  
Old 03-10-2013, 04:20 AM
  #420  
Gets Weekends Off
 
ForeverFO's Avatar
 
Joined APC: Jul 2012
Posts: 737
Default

This (AA/USA/AW) SLI is going to blow chunks... I was rooting for it, the merger in general, to get rid of ToHo, and because it did make financial sense. But it is obvious we are going to spend all our money on lawyers in the next 5 to 10 years.
ForeverFO is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
gettinbumped
United
0
12-11-2012 11:29 AM
cactiboss
American
29
05-16-2012 06:24 PM
LifeNtheFstLne
United
51
11-16-2010 11:47 AM
HSLD
Hiring News
2
11-14-2006 04:32 PM
HSLD
Hiring News
1
02-08-2006 10:37 AM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices