En Banc Denied!
09-07-2015, 04:32 PM
#231
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
The West is in an arbitration before a panel tasked with "fair and equitable", and has issued their opinion about how they are proceeding. I hope that chaps your a$$ enough to induce you all to be an unrelenting pain in the ass to the panel.
Cheers
09-07-2015, 04:49 PM
#232
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Joined APC: Apr 2008
Posts: 3,240
The BOA opinion was that APA should, for the second time, ensure three equal committees.. It was not a frivolous or superficial afterthought.
The West is in an arbitration before a panel tasked with "fair and equitable", and has issued their opinion about how they are proceeding. I hope that chaps your a$$ enough to induce you all to be an unrelenting pain in the ass to the panel.
Cheers
The West is in an arbitration before a panel tasked with "fair and equitable", and has issued their opinion about how they are proceeding. I hope that chaps your a$$ enough to induce you all to be an unrelenting pain in the ass to the panel.
Cheers
09-07-2015, 04:59 PM
#233
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Joined APC: Jun 2008
Posts: 8,350
Yes a breach of DFR occurred. The litigants were the certified West Class and the certified bargaining agent, USAPA.
The 9th said: "USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award."
Subsequent to the 9th's opinion quoted above, and subsequent to USAPA's decision to participate no further in the MB proceedings, the BOA issued their opinion that the APA should establish an East Committee, on equal footing as the others, pursuant to the Protocol Agreement. All three committees are NOW participating (as you recall the East Committee submitted a request to the BOA and the other committees responded. All three committees are equally free pursuant to the BOA under the authority of the Protocol Agreement.)
The Protocol Agreement and the BOA are not at issue before any judge. Its a little late in the game for someone to run off to court over those issues, and besides, any judge with integrity will hold the opinion that the BOA has exclusive jurisdiction over the interpretation of the PA, as stipulated. YMMV.
The 9th said: "USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award."
Subsequent to the 9th's opinion quoted above, and subsequent to USAPA's decision to participate no further in the MB proceedings, the BOA issued their opinion that the APA should establish an East Committee, on equal footing as the others, pursuant to the Protocol Agreement. All three committees are NOW participating (as you recall the East Committee submitted a request to the BOA and the other committees responded. All three committees are equally free pursuant to the BOA under the authority of the Protocol Agreement.)
The Protocol Agreement and the BOA are not at issue before any judge. Its a little late in the game for someone to run off to court over those issues, and besides, any judge with integrity will hold the opinion that the BOA has exclusive jurisdiction over the interpretation of the PA, as stipulated. YMMV.
09-07-2015, 05:04 PM
#235
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Joined APC: Jun 2008
Posts: 8,350
09-07-2015, 05:06 PM
#236
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Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Yes, I understand USAPA's breach of DFR, but my question was as to how the West can then realistically consider that to APA's breach. The 9th's ruling doesn't connect those dots at all from what I see. Sure, they can claim that, but that's simply an opportunistic claim.
09-07-2015, 05:38 PM
#237
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Joined APC: Apr 2008
Posts: 3,240
No, the injunction hasn't been issued yet, that is Silver's job. The west is trying to get Silver to put very specific language in her order to enjoin the apa and this new committee as the law allows for.
09-07-2015, 06:13 PM
#238
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
There already is an East Seniority Integration Committee acting freely and equally, just as the other two SICs. All three new committees exist (new as in none of them have ever been a party to any litigation). If (there is your favorite word again)... If a court of competent jurisdiction enjoins any of the committees or the BOA then things will be enjoined. If, if, if, if...
Your fixation on possible future injunctions rather than accepting and affirming the "fair and equitable"decision by the BOA (that are finally bringing progress after a decade) is quite enlightening.
You guys have always told us how Arbitrators are final and binding, but now you are hoping against hope that the BOA decision for a West Committee is final and binding but the BOA decision for and East Committee is not. When, in your view, is an arbitration "final and binding"?
P.S. To be clear, I have always supported your right to cause as much operational delay and obstruction of forming a single list as possible, by resorting to the courts.
09-07-2015, 06:18 PM
#239
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
There already is an East Seniority Integration Committee acting freely and equally, just as the other two SICs. All three new committees exist (new as in none of them have ever been a party to any litigation). If (there is your favorite word again)... If a court of competent jurisdiction enjoins any of the committees or the BOA then things will be enjoined. If, if, if, if...
Your fixation on possible future injunctions rather than accepting and affirming the "fair and equitable"decision by the BOA (that are finally bringing progress after a decade) is quite enlightening.
You guys have always told us how Arbitrators are final and binding, but now you are hoping against hope that the BOA decision for a West Committee is final and binding but the BOA decision for and East Committee is not. When, in your view, is an arbitration "final and binding"?
P.S. To be clear, I have always supported your right to cause as much operational delay and obstruction of forming a single list as possible, by resorting to the courts.
Your fixation on possible future injunctions rather than accepting and affirming the "fair and equitable"decision by the BOA (that are finally bringing progress after a decade) is quite enlightening.
You guys have always told us how Arbitrators are final and binding, but now you are hoping against hope that the BOA decision for a West Committee is final and binding but the BOA decision for and East Committee is not. When, in your view, is an arbitration "final and binding"?
P.S. To be clear, I have always supported your right to cause as much operational delay and obstruction of forming a single list as possible, by resorting to the courts.
09-07-2015, 06:40 PM
#240
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
In case you missed it there is an MB Arbitration underway.
You guys are like a little kid that didn't like the answer dad gave so you are running off to momma in hopes of getting a different answer. Don't forget to show up to court in your integrity T-Shirts. Good luck!!
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