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Old 05-16-2013, 08:52 PM
  #931  
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Originally Posted by PurpleTurtle
Are you sure that is accurate? Go back and read the DJ and carefully look at what she said about LUP and who she said it to.... I think you will find that after she said USAPA and the company could agree to change anything they wanted about the 2005 TA (that is the only place the Nic lives) she then cautioned the company that they could be liable if they agreed to a new seniority regime (ie. abandoned the Nic).... ie. she cautioned the company to consider carefully, before abandoning the Nic, if USAPA indeed had a legitimate LUP to abandon the Nic, because they would share in liability, if any.

The company has answered the LUP question to their satisfaction, obviously... because the Company and USAPA agreed to nullify the 2005 TA that prescribed the Nic, and have agreed instead to be seniority neutral under the provisions of the MOU. And we did too by ratifying it. Was it a trick? All the info was there. Could someone sue on the belief that it was a trick? Sure, but the probability of proving that is extremely remote.



I'll give you that!! The order for AOL and USAPA to negotiate now is a bit out of her lane (she is pretending to be a mediator now)... and AOL better wise up and see Silver did them a favor. She is giving them a forum that is not available to anyone else in the union and is totally out of accord with the bylaws. And she won't be giving AOL anything else. Use it or lose it before being dismissed!!
Another eastie that hasn't read the transcript. Go read what Siegel says the mou does and doesn't. When you are informed we can discuss.
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Old 05-17-2013, 12:44 AM
  #932  
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Originally Posted by LittleBoyBlew
No one here is holding up anything. . Get a clue!! AOL is the one that filed this latents frivolous attempt at gaining an injunction.. This merger will proceed as planned. On the POR date, ALL previous TAs, and CBAs become nullified. . Marty knows this, hence this latest desperate hail Mary. . If AOL thinks they can delay the outcome of this merger, YOU are about to be steam rolled!! Have fun at the meet and greet. .Be sure to ask Marty some direct questions..
There is really no need to ask because one basic fact will remain is that is that no entity has ever been able to toss a binding arbitration result. Lets just suppose for a moment that you were able to obtain your desired 3 way do you honestly think that you would get anywhere remotely close to doh? Not in your wildest wet dream my child. The end result will look so much like the nic that this last 5 years will confirm your collective ignorance and drive home the point the time you have wasted giving mgt a pass. DOH is the thing of the past JR, no airline pilots in this country are being place via doh. I know this fact escapes a dog brain by really try to keep up.

Its again tail chasing time woof woof lil hound.

WD at AWA
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Old 05-17-2013, 03:42 AM
  #933  
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What is LUP?
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Old 05-17-2013, 04:08 AM
  #934  
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Originally Posted by cubguy
What is LUP?
Legitimate Union Purpose or lower upper pus...nevermind.
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Old 05-17-2013, 04:34 AM
  #935  
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Originally Posted by cubguy
What is LUP?
Legitimate union purpose. The courts define it as something that benefits the bargaining unit as a whole and its not arbitrary or capricious.
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Old 05-17-2013, 04:41 AM
  #936  
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Originally Posted by Wiskey Driver
There is really no need to ask because one basic fact will remain is that is that no entity has ever been able to toss a binding arbitration result. Lets just suppose for a moment that you were able to obtain your desired 3 way do you honestly think that you would get anywhere remotely close to doh? Not in your wildest wet dream my child. The end result will look so much like the nic that this last 5 years will confirm your collective ignorance and drive home the point the time you have wasted giving mgt a pass. DOH is the thing of the past JR, no airline pilots in this country are being place via doh. I know this fact escapes a dog brain by really try to keep up.

Its again tail chasing time woof woof lil hound.

WD at AWA
Your logic does not apply to matters within the realm of the RLA, our PREVIOUS TA, and the MOU..Binding will only become final and cemented within the confines of a JCBA. This NEVER happened!! Take the blinders off before the train runs you over. ALL of AOL's past/present predictions have FAILED!! Get a clue..

ps. stop chasing your tail on the railroad tracks!!

Last edited by LittleBoyBlew; 05-17-2013 at 04:54 AM.
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Old 05-17-2013, 04:51 AM
  #937  
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Here's a noble idea...Silver claims that USAPA and the Co. must "consider" the nic..Simple solution. ALL pilots present/past/future who wish to remain, bid for, transfer to, the PHX domicile will be ranked according to the UN-MODIFIED nic award..From the moment a pilot, present/past/future, bids another domicile, his/her seniority reverts to DOH. Or as modified by whatever the final JCBA AA/LCC SLI.
In this case the mandate is complied with and AOL cannot claim DFR.
This is not a new concept. I believe there is legal precedent of this seniority ranking. The current APA contract allows for the STL, ex TWA pilots to exert such protections..Any AA pilot may wish to expand on this??
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Old 05-17-2013, 05:22 AM
  #938  
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Originally Posted by LittleBoyBlew
This is not a new concept. I believe there is legal precedent of this seniority ranking. The current APA contract allows for the STL, ex TWA pilots to exert such protections.
Like that idea didn't create it's own problems.
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Old 05-17-2013, 06:52 AM
  #939  
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Originally Posted by cactiboss
Legitimate union purpose. The courts define it as something that benefits the bargaining unit as a whole and its not arbitrary or capricious.
Did you catch the part in the transcripts where Judge Silver gives your attorneys USAPA 's LUP?
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Old 05-17-2013, 07:19 AM
  #940  
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Hey Cacti, are you still being "Stiff legged"??
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