cactiboss

Did you catch the part where she says the Nicolau is more fair than doh?

cactiboss

The mou is a jcba, transcript page 67: (Siegal is airways counsel)

THE COURT: Everything has been resolved --
MR. SIEGEL: Except the seniority list and it's actually a rather elegant part of the merger. It doesn't usually happen that way but it was agreed to in advance, the MOU, not the entire document. It actually incorporates a very extensive Collective Bargaining Agreement. It actually incorporates largely the American APA Collective Bargaining Agreement by some modifications but it's what was ratified.
So what we have now -- what we have now that we didn't have before is a ratified Collective Bargaining Agreement.

Wiskey Driver

So let me see if I have this correct. In your dream the arbitration that the east begged and pleaded for picked the arbitrator and set the rules now doesnt exist. This non existence is due to the east refusing to honor their agreements and as such a new arbitration will now take place where you get this do over so that you can now take that which was not given the first time around. Hey son are there tinker bells and fairy's in your dream as well? I think you are damn lucky that I am not an arbitrator. There is no way on this earth that what you seem to dream up will ever pass the smell test. Now you advocate on an open forum to put together another supplemental C condition and you do that on open forum. You really are a joker of epic proportion. SUPPLEMENTAL C WAS A FAILURE LIL PUPPY!

Oh how I pray you get your way because I am "supremely confident" that your way will result in my getting paid off. Now all you have to do is convince Segal and you are home free. Good luck fido

WD at AWA

Wiskey Driver

No Cati they miss those on purpose. This is not what they want to see in fact they won or at least thats how they read it. Each entity knows that the ripeness status bar has been reached. The court is buying time hoping that the west will give something but there is no mechanism for giving now that usapa is in play so she will have to rely on past precedent regarding binding arbitration results.

WD at AWA

cactiboss

I hope you are right. I don't know how many times usapa has to tell the courts that doh is their only position for them to believe it. Constitution, uom, Bradford letter, etc all promising doh only and no one takes them at their word.

R57 relay

No, I missed that. Does it matter? It's Duty of FAIR Representation, not fairer. With a wide range of reasonableness.

I never thought USAPA could pull that off before, in the end, but it seems the merger and MOU changed things. We'll see.

R57 relay

He also said there were no further negotiations on a JCBA and that's not true. Ripeness is up to the judge but the 9th said that it couldn't be contingent on any other event and this is contingent on the merger. They also said a final SLI had to be in place and it isn't. Go back and read their decision in Addington I.

cactiboss

Yes the mou changed many things, one of them is that some of what the 9th required is no longer applicable along with the fact we now have a jcba. Tell me when are usapa and usairways negotiating for a list? I am not calling it either way since what I saw in court had no rime or reason, nothing will surprise me.

R57 relay

The company and USAPA laid out a process for the list in the MOU, and agreed that it was okay for the company to then step aside. We all agreed to it, then your side said it was illegal!

I agree with you on calling what she might rule. Based on her previous ruling and the 9th I can't see anything but dismissal, but I think everyone was surprised Tuesday and no telling what's coming.

cactiboss

Except Siegal vehemently denies that the mou did away with the Nic. The mou does not address the east west seniority situation( siegels words not mine). As far as silver all you have to do is read her order on the DJ and try to reconcile that with what she told the west, I don't think anyone can.