Usapa update 1/17 RE: arbitration
01-18-2015, 04:58 PM
#41
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This is a 3-way arbitration, not a 2-way one only centered around a dispute involving the unconsummated Nicolau award. Again, it's my belief that ultimately NONE of the 3 proposed integration models submitted to the arbitrators will be adopted in pure form and that means an arbitrator crafted hybrid award, which means the pure Nic will not be included.
01-18-2015, 05:31 PM
#42
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I agree as far as an East argument of such. The problem arises when the LAA committee proposes a model that doesn't include the pure Nic. The arbitrators will know the LAA committee isn't arguing against the Nic itself and thus it will be all but impossible for them to apply the same criticism they might to the East. The LAA committee has a responsibility only to LAA pilots and provided they are arguing a fair and equitable position that has merit, the arbitrators will not unduly penalize them for making it. In other words, the LAA committee isn't tethered to the Nic or any issue surrounding it. That is for the East and West to attempt and accept risk or reward for.
This is a 3-way arbitration, not a 2-way one only centered around a dispute involving the unconsummated Nicolau award. Again, it's my belief that ultimately NONE of the 3 proposed integration models submitted to the arbitrators will be adopted in pure form and that means an arbitrator crafted hybrid award, which means the pure Nic will not be included.
This is a 3-way arbitration, not a 2-way one only centered around a dispute involving the unconsummated Nicolau award. Again, it's my belief that ultimately NONE of the 3 proposed integration models submitted to the arbitrators will be adopted in pure form and that means an arbitrator crafted hybrid award, which means the pure Nic will not be included.
01-18-2015, 05:51 PM
#43
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Joined APC: Oct 2012
Position: Done with that
Posts: 191
BUT that does not mean they will use the NIC. Several ways this could go. They might combine the US side (maybe using NIC or modified NIC, or no NIC) first before combining with AA. Or they might combine each list on its own. Point is no one knows yet. If I were to give a guess, I would expect them to combine each list concurrently. The West was given a seat with their list. Three list for a reason. Use it that way. That does not exclude the West from East WB flying. No fence there. Not much of a much, but just a little arbitrator jab at the East.
01-18-2015, 05:51 PM
#44
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There are 3 committees, yes ?
I assume you're implying the West's position will be that the arbitrators must first rule on the Nic. I would expect that the arbitrators will decline to do so, but take that request under advisement in crafting their award. Since one committee (representing a clear majority of involved pilots) may have model(s) that involve a valid fair and equitable argument for consideration that does not include the Nic, it would be unfair to prevent them from consideration prior to all issues to be considered so as to craft a final award. Again, I understand the West will demand the world stop until the Nic is first decided and THEN the SLI continue, but I don't believe that will occur. The Nic WILL get consideration, but it will not be implemented first effectively preventing at least consideration of other potentially valid model(s).
I assume you're implying the West's position will be that the arbitrators must first rule on the Nic. I would expect that the arbitrators will decline to do so, but take that request under advisement in crafting their award. Since one committee (representing a clear majority of involved pilots) may have model(s) that involve a valid fair and equitable argument for consideration that does not include the Nic, it would be unfair to prevent them from consideration prior to all issues to be considered so as to craft a final award. Again, I understand the West will demand the world stop until the Nic is first decided and THEN the SLI continue, but I don't believe that will occur. The Nic WILL get consideration, but it will not be implemented first effectively preventing at least consideration of other potentially valid model(s).
01-18-2015, 06:02 PM
#45
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Joined APC: Oct 2012
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Posts: 191
Now for the interesting point. Note USAPA is not directly challenging the arbitration. This is Federal Arbitration. The only legal avenue would be to file with the same board. It cannot be taken to Federal Court. Federal rules stand. USAPA is trying an end run by arguing for the Silver/ Ninth COAs. Trying to reverse a Federal Arbitration in-directly. That is why they chose counsel. He knows MB. But he won't beat RLA. East will fail their attempt. Novel approach, but they are skating on thin ice with a CBA interference injunction. The SLI will proceed, everything will be in place and USAPA will just have to live with it. As I said earlier, if Parker wants this settled, the big money will win. Expect a legal attack that will kill off the remnants of USAPA. Big money owns politics. Parker and the owners have the big money. Do the math.
01-18-2015, 06:03 PM
#46
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BUT that does not mean they will use the NIC. Several ways this could go. They might combine the US side (maybe using NIC or modified NIC, or no NIC) first before combining with AA. Or they might combine each list on its own. Point is no one knows yet. If I were to give a guess, I would expect them to combine each list concurrently. The West was given a seat with their list. Three list for a reason. Use it that way. That does not exclude the West from East WB flying. No fence there. Not much of a much, but just a little arbitrator jab at the East.
01-18-2015, 06:05 PM
#47
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There are 3 committees, yes ?
I assume you're implying the West's position will be that the arbitrators must first rule on the Nic. I would expect that the arbitrators will decline to do so, but take that request under advisement in crafting their award. Since one committee (representing a clear majority of involved pilots) may have model(s) that involve a valid fair and equitable argument for consideration that does not include the Nic, it would be unfair to prevent them from consideration prior to all issues to be considered so as to craft a final award. Again, I understand the West will demand the world stop until the Nic is first decided and THEN the SLI continue, but I don't believe that will occur. The Nic WILL get consideration, but it will not be implemented first effectively preventing at least consideration of other potentially valid model(s).
I assume you're implying the West's position will be that the arbitrators must first rule on the Nic. I would expect that the arbitrators will decline to do so, but take that request under advisement in crafting their award. Since one committee (representing a clear majority of involved pilots) may have model(s) that involve a valid fair and equitable argument for consideration that does not include the Nic, it would be unfair to prevent them from consideration prior to all issues to be considered so as to craft a final award. Again, I understand the West will demand the world stop until the Nic is first decided and THEN the SLI continue, but I don't believe that will occur. The Nic WILL get consideration, but it will not be implemented first effectively preventing at least consideration of other potentially valid model(s).
01-18-2015, 07:31 PM
#48
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Position: A320 Capt
Posts: 5,299
01-18-2015, 07:36 PM
#49
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01-18-2015, 07:44 PM
#50
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Position: A320 Capt
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Or they might combine each list on its own. Point is no one knows yet. If I were to give a guess, I would expect them to combine each list concurrently. The West was given a seat with their list. Three list for a reason. Use it that way. That does not exclude the West from East WB flying. No fence there. Not much of a much, but just a little arbitrator jab at the East.
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