En Banc Denied!
#31
Banned
Joined APC: Jun 2008
Posts: 8,350
#32
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Silver is sure to put on a great show in her dicta, but even she will find it hard to name the East MC in her actual ruling. On the otherhand, maybe Wake would do it in a drop of the hat.
#33
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Except the "contractual fact" was illegal. You keep saying this is the "west's position", it is not, it is the position of a federal appeals court. The apa has a dfr and contractual duty to the west to implement the nic. on the lus side. That duty is independent of and has zero to do with the sli and is borne of the contract the apa is now administering.
#34
Banned
Joined APC: Jun 2008
Posts: 8,350
The East MC didn't even exist at the time of the supposed DFR violation, i.e. the trial. The East MC has never had a DFR to West pilots.
Silver is sure to put on a great show in her dicta, but even she will find it hard to name the East MC in her actual ruling. On the otherhand, maybe Wake would do it in a drop of the hat.
Silver is sure to put on a great show in her dicta, but even she will find it hard to name the East MC in her actual ruling. On the otherhand, maybe Wake would do it in a drop of the hat.
#35
Gets Weekends Off
Joined APC: Dec 2011
Posts: 227
The West group is much younger and pre-merger was a separate pilot group than the East. It is unarguable that their desire to capitalize on this merger in the way they demand results in the biggest windfall any separate pilot group will have ever achieved in airline pilot merger history. Rationalizing it won't change that.
West folks stand to both jump up the list AND if there is credit given to expected US Airways attrition they may ALSO capture those benefits. In other words the east attrition will benefit the west.
The only thing that would make west happier is if they get a bunch of attorney fees back in their case against the east pilots.
So we agree if west proposal carriers some west pilots are going to see big jumps. But for AA folks what's the impact? APA and West both agree that this is an east/west issue.
#36
Banned
Joined APC: Jun 2008
Posts: 8,350
Except the "contractual fact" was illegal. You keep saying this is the "west's position", it is not, it is the position of a federal appeals court. The apa has a dfr and contractual duty to the west to implement the nic. on the lus side. That duty is independent of and has zero to do with the sli and is borne of the contract the apa is now administering.
So..........for the umpteenth time (now +2), I understand your assertion, but do not agree with it. I'm trying my best to make this clear in the hope you cease pulling the string in your back in perpetuity......or is that an Energizer battery ?
#37
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
I think you are making too far a reach (at this point) at least IMO that any claim of "illegality" in the contractual aspects of this integration means APA has a DFR to not only recognize the Nic, but to require it. From my understanding, the 9th compelled no one other then USAPA to do or not do anything. In fact, they went to great pain to ensure their ruling would not be construed as doing anything other then that.
So..........for the umpteenth time (now +2), I understand your assertion, but do not agree with it. I'm trying my best to make this clear in the hope you cease pulling the string in your back in perpetuity......or is that an Energizer battery ?
So..........for the umpteenth time (now +2), I understand your assertion, but do not agree with it. I'm trying my best to make this clear in the hope you cease pulling the string in your back in perpetuity......or is that an Energizer battery ?
#38
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Except the "contractual fact" was illegal. You keep saying this is the "west's position", it is not, it is the position of a federal appeals court. The apa has a dfr and contractual duty to the west to implement the nic. on the lus side. That duty is independent of and has zero to do with the sli and is borne of the contract the apa is now administering.
If you would just cut and paste this supposed federal court "fact" then we would all quit laughing at you, "boss".
#40
Banned
Joined APC: Jun 2008
Posts: 8,350
No question west may make out big time if this goes there way. But what has this to do with LAA folks? This is all east/west stuff.
West folks stand to both jump up the list AND if there is credit given to expected US Airways attrition they may ALSO capture those benefits. In other words the east attrition will benefit the west.
The only thing that would make west happier is if they get a bunch of attorney fees back in their case against the east pilots.
So we agree if west proposal carriers some west pilots are going to see big jumps. But for AA folks what's the impact? APA and West both agree that this is an east/west issue.
West folks stand to both jump up the list AND if there is credit given to expected US Airways attrition they may ALSO capture those benefits. In other words the east attrition will benefit the west.
The only thing that would make west happier is if they get a bunch of attorney fees back in their case against the east pilots.
So we agree if west proposal carriers some west pilots are going to see big jumps. But for AA folks what's the impact? APA and West both agree that this is an east/west issue.
Of course, neither of the LUS initial proposals included any such consideration. The East was based on a "merger of equals" and the West, a forward only looking model based on the pure Nic as a reality, instead of an unconsummated hypothetical ONLY in play now due to this merger and little or no limitations on exercising their new windfall. Both proposals not only offered no post merger protections recognizing the different pre-merger equities, but refused to even acknowledge those pre-merger equities and thus no fences. That's why I call it the "hat trick".
GOAL 1 : Get the Pure Nic.
* this is a maximum result for the West against the East and virtually nothing is left to argue in this respect. They consider this goal an entitlement.
GOAL 2 : Use that now real list (formerly hypothetical) as the foundation of a model that maximizes gains against LAA (they've already clobbered the East), especially the longevity component with 1200 native furloughees and 600 or so AE flow-thru's.
* This was successful for the principle legal strategist of the West committee in UAL/CAL, but has been modified for maximum effect due to specifics of LAA pilots.
GOAL 3 (AKA "for the win") : Argue for minimum impedance in ability to use their past two goals for maximum benefit system wide as in no fences. The West is then free to scatter in all directions into LAA status while many LAA pilots watch (I'm sure some in recoiled horror and stunned disbelief) who in some instances now years away from statuses they may have held in short order pre-merger/post bankruptcy.
Thread
Thread Starter
Forum
Replies
Last Post