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Old 07-24-2016, 12:50 PM
  #1051  
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Originally Posted by Upsddown
Don't disagree with your view.

The arbs came out with the structure of their decision. I know this for a fact. Yes. Fact.

NIC or No NIC.
Fences
Status-Category/LOS weightings
Supp CC
Letter T

And so on. The rebuttal will not change the arbs to use the NIC if their proposal didn't and vice versa. Or to not have fences if they did or eliminate the concept of SC/LOS.

This is a somewhat non-traditional proceeding so who knows bedsides the SLI committee members but my view of "tweaks" is allowing the committee's the opportunity to show how they feel the arbs "may" have improperly emphasized the fences, weighting of SC/LOS and others items and how they should be "varied" from the arbs proposal to be more fair and equitable.

It will not be a wholesale change to their initial proposal given to the committee's last month.
Everything you've stated here makes perfect sense. There is one element that still makes no sense at all and that is this rebuttal phase and its real purpose. Take for instance all of the items you mentioned, if anyone of them is changed can you see that it does become a wholesale change?

WD
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Old 07-24-2016, 02:55 PM
  #1052  
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Originally Posted by Wiskey Driver
The one thing you can always in life count on is the fact that you can not count on preventing lawsuits. If a party feels is though there is a case and you can find an attorney willing to take it on then you will have that lawsuit. Will there be lawsuits here?? Probably. Please don't kill the messenger this is merely an observation.

WD
"Unravel" was the operative word... The MB list will be impervious to lawsuits by virtue of the statute, the contract, and the meticulous care of the BOA. IMHO.
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Old 07-24-2016, 03:05 PM
  #1053  
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Originally Posted by Wiskey Driver
Everything you've stated here makes perfect sense. There is one element that still makes no sense at all and that is this rebuttal phase and its real purpose. Take for instance all of the items you mentioned, if anyone of them is changed can you see that it does become a wholesale change?

WD
Read carefully what I wrote.

Their decision to use or not use the NIC will not change.

Imagine three very prominent, experienced and intelligent aviation arbitrator's having hearings over a seven month period. Looking at it for two months. Calling the three separate committees in to give input (May). Then taking another month to finalize their preliminary draft which dors or doesn't contain the NIC. And then when they bring the three groups in for rebuttal they go, "oh we never thought of that so we are going to change our decision on the NIC the other way".

Do you really think these three would flip on the most important and controversial issue in this integration?
After 10 years of debate and a year of their own hearings they would be laughed out of the profession.

NIC has been decided.

Will they allow weighting of SC/LOS to be adjusted? Length and type of fences? I believe so.

Since the NIC has been decided it will be the first opportunity all three parties will have had to present their position on what's fair and equatable knowing the outcome of that issue.
Now the can focus on what SC/LOS and fence structure best fits their members and maybe have the ability to adjust the arbs view from that which has been inferred favors the East side more.
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Old 07-24-2016, 03:07 PM
  #1054  
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Originally Posted by PurpleTurtle
"Unravel" was the operative word... The MB list will be impervious to lawsuits by virtue of the statute, the contract, and the meticulous care of the BOA. IMHO.
Well not exactly. See there are many statutes on the books and most have gone through some form of law suit tests. I think this one at some point will have its test as well.

WD
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Old 07-24-2016, 07:17 PM
  #1055  
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Originally Posted by Wiskey Driver
Well not exactly. See there are many statutes on the books and most have gone through some form of law suit tests. I think this one at some point will have its test as well.

WD
Sure, people may sue to oppose the MB statute... Good luck climbing that hill in a single lifetime. In the mean time the company will be using the list to every extent they please.
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Old 07-24-2016, 07:55 PM
  #1056  
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Originally Posted by PurpleTurtle
Sure, people may sue to oppose the MB statute... Good luck climbing that hill in a single lifetime. In the mean time the company will be using the list to every extent they please.
I don't disagree at all. In most cases would they not seen an injunction until their case can be reviewed? I would think so.

WD
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Old 07-24-2016, 08:32 PM
  #1057  
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Originally Posted by Wiskey Driver
I don't disagree at all. In most cases would they not seen an injunction until their case can be reviewed? I would think so.

WD
An injunction on this SLI? Thanks... Needed a laugh.
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Old 07-24-2016, 09:24 PM
  #1058  
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Originally Posted by Al Czervik
An injunction on this SLI? Thanks... Needed a laugh.
You act as if it hasn't been done before/

WD
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Old 07-24-2016, 09:24 PM
  #1059  
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Originally Posted by Al Czervik
An injunction on this SLI? Thanks... Needed a laugh.
You act as if it hasn't been done before

WD
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Old 07-24-2016, 09:32 PM
  #1060  
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Originally Posted by Wiskey Driver
You act as if it hasn't been done before

WD
When? I'm not saying that you are wrong, I just don't remember one on a SLI.

Cactusboy likes to throw this around:

"No ALPA seniority integration arbitration result has ever been set aside by the courts although some dissatisfied pilots have challenged the award before administrative agencies and the courts.”

US Airwaves June/July 2000"
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