R57 relay

I've said before that under the MOU I don't see how USAPA can proffer a DOH list. I think if they do it would be a broad reach of "wide range of reasonableness." It just seems to me that if they do, they would be liable and not the APA as you guys seem to think.

I don't remember USAPA saying that the MOU "doesn't touch" the Nic. Can you quote that? I remember them as saying it was neutral and since they think the Nic is dead, neutral would mean it's still dead. Just my reading, I have no idea if that is what they meant.

The Nic is still in the TA, but the TA is being replaced and we agreed to it.

cactiboss

Well usapa goes away and we would have no recourse, does that make sense? The apa is responsible if they "participate" in the comission of the dfr after they have been warned. This is why I tell you the apa will never agree to any negotiated list with usapa. The apa will be our union when we get to sli arbitration, they will then be responsible for dfr. So then you agree that usapa got rid of the Nic. even after saying the mou is 'neutral' on seniority. Looks like the company and usapa pulled a fast one on the west. You see why the company is now a named defendant in our latest dfr? They were warned not to help usapa commit a dfr, yet they signed on to an mou that took the wests seniority rights to the Nic. while at the same time claiming that it did no such thing. Lawsuit is on.
Bear with me here. If the merger didn't happen and usapa put the kirby out for ratification today with the nic. still in the ta and the kirby passed, would the kirby replace the TA? would the nic. be triggered?

R57 relay

The APA will not be the ones that handed the seniority lists over though. How can they come in and determine our seniority?

Are your attorneys going to be able to keep a straight face when they are asked if they read the agreement and recommended it?

Sure, it would replace the TA, just like the MOU that calls for the uses of lists(plural) in effect (not the Nic) does.

cactiboss

that's where arbitration comes in isn't it? Apa doesn't touch the lists, arbitrators decide, apa has nothing to worry about.
Our attorneys fully backed the Mou, I assume they know what they are doing.
Ok stay with me here, the mou modifies our TA right? What parts were removed from our TA by the mou?

R57 relay

How do you fully back the MOU, encourage your clients to vote for it, then file suit claiming it is illegal? Sounds irresponsible to me.

The entire TA is replaced.

cactiboss

it's called strategy, I have been assured there is a sound legal reasoning behind it, we shall see.
No, the entire TA has not been replaced. The mou specifies wich parts of the TA are modified, the parts that weren't modified are still in effect.

From the mou:

FreighterGuyNow

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?

They say you start sending money to AOL - so I hear.

Carl Spackler

This is where careless use of language will get you into trouble in court. Just like when you claimed that someone has been "convicted" in your court cases with USAPA. When I called you out on it repeatedly, you just refused to respond.

Here's the definition of "status quo" from the legal dictionary: "the existing state of affairs". The Nicolau award does exist...it's just doesn't yet exist for you to operate under yet. Therefore, it is not your status quo. If you try to argue that it is, the judge will rule against you in summary judgment.

I don't know if they've been lying or not. I just know that you're wrong to claim status quo over something that's not currently implemented. You can't make words mean different things cactiboss.

Here we go again with your misunderstanding of law and language. There is only ONE time that lying is illegal...and that is if you lie to an officer of the court. That is considered obstruction of justice and is illegal. A union lying to it's members is not illegal. ALPA would be on death row if that were true.

The ONLY thing that will make your DFR "ripe" will be if you can successfully convince a judge that there was no legitimate union purpose when USAPA produced the agreement that your side voted in favor of by 95%. Not saying it's impossible, just extremely unlikely.

It does no such thing cactiboss. Unless you continue to read things that aren't there.

Carl

R57 relay

Cacti, In time the entire TA WILL be replaced. Until then we agree to operate as we have. I've shown you, I don't know how else to do it.

You think you have it whipped. Maybe you do, but I have that list of previous definitive statements of yours that were wrong. We'll see.

DCA A321 FO

Dude, you are so ghetto, and I know you have Motorola Star Tec.