R57 relay

I hope not. Now that they have agreed to merge I'd hate to see them use anything to wiggle out of it, and save the money. I'd rather not continue to see this drama play out in the cheap seats.

I originally assumed that we were the last party to sign on, but something made me question that. Can't find it now.

R57 relay

It says existing lists, plural, and Parker has mentioned it twice that I know of. I doubt he came up with that on his own. Maybe.

R57 relay

She did end it, as far as she is concerned. She ruled in USAPA's favor, but threw a little caveat in there. Heck, she may have wanted to rule in your favor, but in the end she couldn't(?) and definitely didn't.

I remember all the posts from you guys while her hearing were going on. I thought you read too much into her words. It appeared to me that she was thinking out loud and giving the attorneys a chance to change her mind. Also, you did not have all the information. You didn't see the other research she did. You assumed too much, she was not producing a ruling when you heard her.

cactiboss

Changing the existing lists is different than replacing them in a legal lingo. The east list won't be changed (somebody junior to you made senior)

cactiboss

She said the 9th tied her hands, it's on the record, what do you think that means? Oh yeah it means the 9th requires a contract for the adding ton to be ripe.

R57 relay

Neither the Nicolau award nor USAPA's DOH list is in effect, as the MOU says. If we take the lists in effect and hand it to the arbitration panel, how is that reordering? Also, USAPA has a federal court ruling that says that it can indeed reorder a list, under the right reasons. Those reasons have not been defined, and the question has not been answered. Maybe it will in the company's appeal, but I doubt it.

On the appeal. How come your attorneys didn't also appeal it? The company could drop it any day now and you would be left with the ruling for USAPA, right? That's not the reason you attorneys decided to move now, is it?

R57 relay

And the MOU is not a contract. If it were, why would it have language with a timeline to get to a JCBA. You mentioned that it changed pay, work rules and vacation. Is your vacation different now? Do I get your long rate rig now? Will you be bidding captain in an east base on the next bid? Just seems a big reach. If were on the effective date I could see the argument a little better, because then many of those things do change. But you aren't paying me the big bucks. But I tell you what. If you are right I will come on here and say so.

cactiboss

you forget the west was a defendant in the companies lawsuit? We couldn't appeal only the company. Silver didn't find for usapa, she reiterated what the 9th ruled as matter of law. Until there is a contract our case is not ripe. The Merger makes all the excuses go away

PS. The Nic is status quo, just read the Silver findings

R57 relay

Well, as I said on page 1, I'm not an attorney. I thought you could appeal, but maybe I'm wrong. But if Judge Silver didn't find for USAPA, what is this?



20

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
US Airways, Inc.,
Plaintiff,
vs.
Don Addington, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No. CV-10-01570-PHX-ROS
JUDGMENT
Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED
Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Associa
tion on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose.
DATED this 11
th
day of October, 2012

Just a few things form the MOU that make me question the letters:

"15. US Airways agrees that it will comply with the East and West CBAs and the Transition Agreement
until the Effective Date."


"3. Beginning on the effective date of the POR (the “Effective Date”), pilots employed by US Airways
shall be paid in accordance with the provisions of the MTA that are generally applicable to pilots
employed by New American Airlines. The eligibility of US Airways pilots for a defined contribution
plan accrual shall commence on the Effective Date, and US Airways’ contribution to the retirement
plan beginning on the Effective Date shall be calculated by multiplying an eligible pilot’s eligible
compensation under the applicable retirement plan by the percentage contribution made by New
American Airlines to its pilots’ defined contribution retirement plan."

"Once the MTA has been fully implemented, it shall fully displace and render a nullity any prior
collective bargaining agreements applicable to US Airways pilots and any status quo arising
thereunder."

Anyway, I've had enough. In all seriousness, thanks for posting the letters. I have to give credit where credit is due and say that AOL does a good job of keeping it's members informed. Please post the response letter you receive.

cactiboss

This is from judge Silvers order:
In the end, the Court cannot provide as much guidance as it had hoped it could.
21 Pursuant to the Ninth Circuit’s decision, any claim for breach of the duty of fair
22 representation will not be ripe until a collective bargaining agreement is finalized.
I don't know how else to explain to you that usapa has won nothing, as a matter a fact the mou removes every usapa/company excuse as it is a clear move towards a contract(mou or jcba, your choice) with no way out. the 9th simply said a contract is required and both Silver and the 9th repeatedly warn usapa of a "unquestionably ripe dfr". So you seem to have half a brain, what is usapa's legitimate purpose to abandon the Nic. For a doh list that harms only the west?