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Old 05-01-2013, 07:37 AM
  #831  
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Originally Posted by R57 relay
You really should be careful posting things like this.
Are your lawyers going to file my posts with the court like they did last time? I am not worried.
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Old 05-01-2013, 07:39 AM
  #832  
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Originally Posted by cactiboss
Well Silver put a requirement for a LUP for usapa to abandon the Nic, apparently you don't have one since the MOU was seniority neutral east/west and only dealt with usair/aa seniority.
That's a stretch of logic. It was seniority neutral because the union knew that since we hadn't solved our standoff in the last 7 years there was little chance of doing so in a few weeks with the MOU. Had we tried to find an east/west solution we would be on the outside looking in. Just because the LUP is not stated in the MOU doesn't mean there isn't one.
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Old 05-01-2013, 07:40 AM
  #833  
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Originally Posted by cactiboss
Are your lawyers going to file my posts with the court like they did last time? I am not worried.
I wouldn't worry about it in the courts, I'd worry more about your job. Do what you want, just a suggestion.
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Old 05-01-2013, 07:41 AM
  #834  
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Originally Posted by R57 relay
Actually, the TA says it can be modified at anytime with the agreement of the association and the company.
Yes it does
We did just that with the MOU, and all but 24 of you guys voted for it.
You said the mou didn't affect the Nic. either way, now you say the MOU is doh. We voted for it because it was seniority "neutral" and didn't give our rights to the Nic. away. Go read the specific parts of the TA the MOU specifically changes, the Nic is not one.
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Old 05-01-2013, 07:45 AM
  #835  
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Originally Posted by R57 relay
I wouldn't worry about it in the courts, I'd worry more about your job. Do what you want, just a suggestion.
You are saying my post threatens my job? laughable. The only threat to any west pilot is usapa and the east pilots who support them.
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Old 05-01-2013, 07:47 AM
  #836  
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Originally Posted by R57 relay
That's a stretch of logic. It was seniority neutral because the union knew that since we hadn't solved our standoff in the last 7 years there was little chance of doing so in a few weeks with the MOU.
So you lied to the west to get the mou passed?

Had we tried to find an east/west solution we would be on the outside looking in. Just because the LUP is not stated in the MOU doesn't mean there isn't one.
Tricking the west to give up the nicolau sure was brilliant. Oh wait, that is illegal.
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Old 05-01-2013, 07:48 AM
  #837  
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Originally Posted by cactiboss
Yes it does You said the mou didn't affect the Nic. either way, now you say the MOU is doh. We voted for it because it was seniority "neutral" and didn't give our rights to the Nic. away. Go read the specific parts of the TA the MOU specifically changes, the Nic is not one.
It doesn't spell it out by name, but it does in every other way. If the TA was made complete the company would have to combine us in 12 months, right? Well, they are expressly not doing that. Remember Captain Gay's quick answer on that in the last crew news? It is clearly laid out in the MOU, that Ken Holmes, a leader of AOL helped write! If you didn't like it, you shouldn't have voted yes for it.

You guys have a scheme. Vote it in to make it ripe, get an injunction and then before USAPA can appeal the APA will take over and drop it. I don't see it working, but who knows?
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Old 05-01-2013, 08:06 AM
  #838  
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Originally Posted by R57 relay
It doesn't spell it out by name, but it does in every other way.
And Ken and Rocky will testify that this is not so.
If the TA was made complete the company would have to combine us in 12 months, right?
Yes
Well, they are expressly not doing that.
That fits right into our strategy, they are colluding with usapa to deny the Nic.
Remember Captain Gay's quick answer on that in the last crew news?
Evidence of collusion with usapa.
It is clearly laid out in the MOU, that Ken Holmes, a leader of AOL helped write! If you didn't like it, you shouldn't have voted yes for it.
Ken and Rocky don't agree with that and will testify that the MOU in no way got rid of the Nic. Have you read the company filing? They also say the mou in no way gets rid of the nic. So who's lying?

You guys have a scheme. Vote it in to make it ripe, get an injunction and then before USAPA can appeal the APA will take over and drop it. I don't see it working, but who knows?
We voted it in because it gave us a single contract and thus ripeness. Now we can have a court look at this for it's merits.

Last edited by cactiboss; 05-01-2013 at 08:32 AM.
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Old 05-01-2013, 08:26 AM
  #839  
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From the company:
What is not settled by the MOU, however, is
the seniority list(s) for US Airways
(East and West) pilots that will be used
in the overall seniority integration with
American’s pilots. Any suggestion that the
parties to the MOU (including US Airways)
have agreed that the Nicolau Award senior
ity list will not be used is incorrect
Looks like the company agrees with the west, the Nic. didn't go anywhere and the TA stipulation requiring the Nic. is still intact. Maybe usapa doesn't really understand what it negotiated?


The final integrated seniority list will be determined in accordance withthe federal McCaskill-Bond statute (enacted in 2007, after the USAirways/America West merger), which makes provision for a “final and binding”arbitration to develop a “fair and equitable” integrated seniority list.
So MB came after the awa/us merger. Interesting to note that MB cannot be applied retroactively, by law.
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Old 05-01-2013, 09:55 AM
  #840  
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Originally Posted by cactiboss
So Silver says usapa inherited the Nic. but may negotiate it away with managements blessing. Can you tell me when management and usapa are sitting down to hammer out a new list for airways side?
Management has nothing to do with SLI. The MOU makes it clear that management is a neutral party to the SLI dispute.

USAPA did inherit the Nic, which is why a LUP will be used to change it.
"The LUP is the entry of a third pilot group's simultaneous arrival with the MOU, which is prior to JCBA implementation that would otherwise have made the DFR ripe."


Originally Posted by cactiboss
From the company:

Looks like the company agrees with the west, the Nic. didn't go anywhere and the TA stipulation requiring the Nic. is still intact. Maybe usapa doesn't really understand what it negotiated?

So MB came after the awa/us merger. Interesting to note that MB cannot be applied retroactively, by law.
"Any suggestion that the parties to the MOU (including US Airways) have agreed that the Nicolau Award seniority list will not be used is incorrect."

Yes cactiboss, but the quote does not say that they did accept the list either—its a neutral statement that does not point either way.

Read before you post.
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