Wiskey Driver

Ok with that you win

WD

drinksonme

I am not a lawyer, nor do I proclaim to know the answer....but when Judge Silver was forced by the 9th to change her ruling she did so. However she also did not force the arbitration panel to use the NIC, unless USAPA merger committee was there. The 9th also gave no ruling as to what each committee must argue for/against in front of the BOA except USAPA. Thus the NIC was only forced upon USAPA.

Since USAPA pulled out of the proceeding, the BOA essentially has crate blanc on their list. Just as they would have even if USAPA had been there and argued the NIC. The BOA was not bond by any list. I am not saying it's right, I am not saying I know the answer, I am just speculating on what the BOA (list) bounded by....it seems they were bound by nothing in their decision

Wiskey Driver

Ok fair enough but how do you separate usapa from the east and the east from usapa? Lets remember here that usapa was born out of east pilots and it was operated by east pilots, east pilots made all of the rules so how do you separate that? I do know in the real world that a corporation or entity involved in litigation seeking to change its name or principles must prove that it is in fact a completely different entity in order to prevail. This is not easy task either. In this instance it would be very difficult because all or most of the original members are still there thus separating the two would be nearly impossible.

I have no idea what the plans are and only playing devils advocate here. There could be as the 9th stated in their decision " that it might not play to the west's fears". In a very short time we will have the answer to that question.

WD

drinksonme

The East committee was formed only AFTER the BOA suggested it to be formed. USAPA itself had "no" involvement in the selection of the committee members. That being said APA BOD members from the East bases were none the less the same as the USAPA BOD members who were part of the East committee selection. However, the member selected were to have little to no affiliation with USAPA previously, and have no contact/input with what was left of USAPA after they were on the committee. They had to make up their own proposal and list without any input from USAPA, other than some technical data. Thus the non DOH list they presented. I know, and many know, one of the East committee members was a third lister....aka....non existentent to USAPA. USAPA would have never put a third lister in the merger committee. In fact, if you look back at USAPA's list they proposed before they got whacked by the 9th, many third lister faired far far better on the original West proposal. Take it for what it's worth, but trying to argue that the East committee was nothing more than USAPA in disguise is going to be very hard in front of judge, based on actual evidence. Thus making an injunction on those grounds to this list even harder.

Again a my own worthless opinion and thoughts.

sovt

It's funny (well not so) that those who focus on the scabs never seem to mention that CAL had the most, as far as I can find, long term strikers of any airline. These men and women put their careers, financial well being and families on the line for all of us. Returning was tough for them and the last thirty+ years were rough but with the contract advancements made just before and especially after the CAL/UAL merger have set the contractual bar pretty high.

I guess it's a mindset. When I think of my service in Southeast Asia I remember the great guys I serve with and not the cowards that fled to Canada.

PurpleTurtle

It has already been proven in court and before an MB arbitration that the East committee is not USAPA and was not required to advocate for the Nic. That issue is settled. I can't tell you how they did it but Silver and the BOA did it.

But that won't prevent some lawyers from arguing otherwise and becoming rich(er)!

Wiskey Driver

Oh I had no idea that there had been a court case to determine if they were one and the same. When was that? I can not believe I missed that.

WD

Upsddown

An arbitration award that didn't have the means to be implemented?

esadof

Silver and the 9th both made that determination. The Nic. was bound only on usapa not the boa. Silver ruled that epsic was not usapa and therefore not subject to 9th's ruling to use the Nic. There is no lawsuit available to the west if Nic is not used going forward unless there was some tainting of the process

Wiskey Driver

I miss a great deal of the goings on playing with my grandson. That is far more important in my book.

WD