R57 relay

That's the point though. It is NOT a contract. It is provisional. We have nothing from it today. Today you and I do not have one contract improvement or change and if the merger falls through we are back to square one. Heck, even if it does happen all we get back to Feb 8th is pay. No more vacation, no more DC contribution. Maybe the courts can go ahead and give a provisional ruling, but before they said they couldn't. You had to actually get there. That's what make me wonder about this one, it seems the same thing. What if during the SLI process a genius emerges that puts together a super SL that is not the Nic, but is better for all west pilots(remember the senior west pilots lose a substantial amount of relative position under the Nic and that is likely to be compounded in an AA/US arbitration). Then no harm no foul, just as the 9th said. Unlikely, but we don't know and that is why the courts have said, repeatedly, that you have to wait. AOL and it's attorneys are not a CBA and don't have the legal rights of one. USAPA has those legal rights for you. Going to court and suing before something happens throws a wrench in things. Think about it. Had you guys not filed the Addington too early, the company had gone along with and then you won in Judge Wake's court, then right now you might have your Nicolau seniority and damages.

I don't know if USAPA can come up with legitimate purpose AFTER a contract is reached. If you remember I've said that if they continued with their DOH list, as currently planned with the current C&Rs, I think you have a good chance. My suspicion was that the company never was going to go along with the current plan anyway. That once they started negotiating, something would change. You guys just showed them how long they could delay and save money with the Addington. But Judge Silver did add something. She upheld the fact that USAPA could legally change the list and added and even more nebulous term to the mix-legitimate union purpose. Try to find a definition and example of that on Google.

Again, I'm not an attorney, but after the 9th ruled I had a long one day with one of our pilots that is. I really didn't understand a lot of what had happened and he laid it our very clearly. He said that what most people failed to distinguish between was contract law and labor law (me included). He said that what we were seeing was the wide range of reasonableness that a union is allowed and that was why DFR suits were so hard to run and win, and why they take so long.

And trust me, I have a full brain. It may not be on Einstein's level, but it's all there.

cactiboss

It seems you have a good grasp, you are just not getting the "strategy" of sending the letters now. It is quite simple really, usapa/apa met this week and it was time to put everyone on notice. You seem hung up on us filing to early but the point here is it doesn't matter becAuse the timelines move pretty quickly and by the time we get to a judge the "effective" date will be reached. Btw kudos on realizing Silver tighten the screws by placing lup requirement on a change to the Nic.


P.S. running the clock out on usapa while tying their hands seems to be the goal

R57 relay

Okay, I guess that strategy is a huge part of all of it. How much the laws matter, we'll see.

I don't see the LUP as a screw as much as wiggle room and outlining how to correct their mistakes. You find that case where if was found that violence was legal as a LUP? Pretty wide door.

cactiboss

It is a very wide door except usapa has already been found guilty unanimously and the fact set has not changed. The Nic is still status quo and usapas pretext for changing just took a big step backwards with the mou.

flybywire44

I had a guy from the USAPA merger committee guy on my jumpseat last night. I brought up AOL's latest update and their legal notice. This jumpseater indicated he was familiar with the letter and had a copy of it in his brief case. After some discussion he explained that USAPA will submit two separate East and West lists for SLI—End of story.

cactiboss

And that is a clear dfr! We will all be on the same contract by the time arbitration starts, triggering ripeness

Gallifrey

Cactiboss, you seem to fight so hard for the Nic. Shouldn't it basically be the same relative seniority since the East won't get DOH? The more you fight it, the more it seems like you are trying to cash in on a windfall. It likely won't be Nic or DOH. Go get a lady friend.

cactiboss

Lets see since the nicolau award came out the west has furloughed and downgraded while the east has hired and upgraded. Any more stupid questions?

Gallifrey

Only if you promise to get riled up

cactiboss

No need to promise, it's a given