En Banc Denied!
#242
Banned
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Joined APC: Apr 2008
Posts: 3,240
Btw, here is the language the west is asking Silver for:
USAPA, APA, and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice of this order are hereby enjoined from taking any action on behalf of legacy US Airways East pilots in the McCaskill-Bond proceedings, including any seniority-related discussions leading up to those proceedings, except to the extent that they advocate the Nicolau Award.
#243
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,299
Did you hear Laker24?
Key words, asking for. When did a court ever give AOL the wording they asked for?
I think these things will come up.
"Nevertheless, we also recognize that it is not certain whether the Nicolau Award would have been implemented fully but for USAPA’s breach. Because a good faith attempt to implement the Nicolau Award would have ultimately required a ratification vote by all the pilots, and we cannot know what the results of such a vote would have been, we can never be certain whether efforts to implement the Nicolau Award through a collective bargaining agreement with US Airways would have succeeded."
"Although there remains some ambiguity over whether the Nicolau Award would have been adopted in toto..."
"We decline to order the issuance of the West Pilots’ requested injunction
“that an unmodified Nicolau Award must be used to order the seniority of the East and West pilots in the pending McCaskill-Bond process.”"
I think the odds are in your favor cacti. You've been wrong for so long, it's time to be right about something. From your mood on here I think the win in the 9th was a shock to you.
There is some irony to the west pilots requesting the APA be enjoined in this. It was the APA that gave the west pilot a committee. A few LAA pilots wailed about USAPA having the money to sue them. Now, it's AOL that will control the money and they are threatening to sue if they don't get their way. Ah, you can't make this stuff up.
Key words, asking for. When did a court ever give AOL the wording they asked for?
I think these things will come up.
"Nevertheless, we also recognize that it is not certain whether the Nicolau Award would have been implemented fully but for USAPA’s breach. Because a good faith attempt to implement the Nicolau Award would have ultimately required a ratification vote by all the pilots, and we cannot know what the results of such a vote would have been, we can never be certain whether efforts to implement the Nicolau Award through a collective bargaining agreement with US Airways would have succeeded."
"Although there remains some ambiguity over whether the Nicolau Award would have been adopted in toto..."
"We decline to order the issuance of the West Pilots’ requested injunction
“that an unmodified Nicolau Award must be used to order the seniority of the East and West pilots in the pending McCaskill-Bond process.”"
I think the odds are in your favor cacti. You've been wrong for so long, it's time to be right about something. From your mood on here I think the win in the 9th was a shock to you.
There is some irony to the west pilots requesting the APA be enjoined in this. It was the APA that gave the west pilot a committee. A few LAA pilots wailed about USAPA having the money to sue them. Now, it's AOL that will control the money and they are threatening to sue if they don't get their way. Ah, you can't make this stuff up.
#244
Banned
Joined APC: Jun 2008
Posts: 8,350
The west is not claiming the APA has breached dfr, just warning the APA not to go down that road. The mere act of asking for a new east committee outside the pa can be seen as disadvantage to the west. The enjoinment of the apa to the 9th's ruling is necessary to both protect and restrain the apa. Once enjoyned the apa is free and clear of any east claim they weren't represented fairly and it allows the 9th's ruling to flow to the east committee which legally is an APA committee.
Sorry, personally, I cannot buy that as any component of a fair process.
#246
Banned
Joined APC: Jun 2008
Posts: 8,350
Yup. COMPLETE control over not just any East committee, but now the APA and I think once Leo has his fangs in the APA along with whomever they send such an order too (I assume at their discretion), they force the arbitrators to not "reorder" a pre-merger seniority list that never existed in reality, instead previously being an unconsummated hypothetical. This is where this strategy is likely leading, that being (and LAA pilots here take note !) if this is successful, you can be sure part of the West's revised proposed ISL will include arguments and outright demands that since no premerger seniority list has ever been internally reordered, to do so with the NEW pre-merger LUS list would be improper and if done to the new LUS pre-merger list (based on the pure Nic by all pre-merger LUS), then the pre-merger LAA list should be reordered as well.*
*This is but one aspect of the previous tangent conversation I had with Upsddown regarding "longevity" application as a wildcard that can go in unanticipated directions and how the AE flows are now vulnerable in ways that no other stated LAA subgroup is (like native AA furloughees) considering the language of AAPSIC's initial SLI proposal regardiing who IS specifically mentioned concerning longevity and who is NOT mentioned.
Again, it's clear to me that Leo wants to get his blunt snout into the arbitrators tent flap to use as a foundation that completely redefines the pre-merger realities and logic to their metrics and this Lion is attempting to be very aggressive and cunning in pursuit of its prey, that being not just East pilots, but LAA too, just in a roundabout way that is not yet evident to many.
*This is but one aspect of the previous tangent conversation I had with Upsddown regarding "longevity" application as a wildcard that can go in unanticipated directions and how the AE flows are now vulnerable in ways that no other stated LAA subgroup is (like native AA furloughees) considering the language of AAPSIC's initial SLI proposal regardiing who IS specifically mentioned concerning longevity and who is NOT mentioned.
Again, it's clear to me that Leo wants to get his blunt snout into the arbitrators tent flap to use as a foundation that completely redefines the pre-merger realities and logic to their metrics and this Lion is attempting to be very aggressive and cunning in pursuit of its prey, that being not just East pilots, but LAA too, just in a roundabout way that is not yet evident to many.
Last edited by eaglefly; 09-08-2015 at 08:47 AM.
#247
Banned
Joined APC: Jun 2008
Posts: 8,350
A very small portion of my day, considering online technology. The last post took about 3 minutes or so to type. Cacti and the tortoise are here just as much, yet I notice you don't make the same inquiry of them ?
But, we all know (or should) criticism can be born of selective perception.
But, we all know (or should) criticism can be born of selective perception.
#248
A very small portion of my day, considering online technology. The last post took about 3 minutes or so to type. Cacti and the tortoise are here just as much, yet I notice you don't make the same inquiry of them ?
But, we all know (or should) criticism can be born of selective perception.
But, we all know (or should) criticism can be born of selective perception.
#249
Banned
Joined APC: Jun 2008
Posts: 8,350
Anyhow, if arbitrators were to complete lists even before testimony, I see little point in hearings and written submission would be all that's required. I find it funny some actually think all the facts are in and the list is already complete.
#250
Gets Summer Off
Joined APC: May 2009
Position: AA
Posts: 667
Well, I'm glad you're entertained.
Anyhow, if arbitrators were to complete lists even before testimony, I see little point in hearings and written submission would be all that's required. I find it funny some actually think all the facts are in and the list is already complete.
Anyhow, if arbitrators were to complete lists even before testimony, I see little point in hearings and written submission would be all that's required. I find it funny some actually think all the facts are in and the list is already complete.
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