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Old 09-03-2016, 05:15 AM
  #1921  
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Originally Posted by Seaslap8
Occasional lurker with no dog in this fight...and not sure who "Cacti" is, but.... the rest of us on the outside world know that USAPA and the rest of the dirt bags that agreed to binding arbitration before the findings came out and then didn't agree so much, well, we thank our lucky stars and the good lord above we don't have to inhabit your ecosystem, the slime must be suffocating.
Wow! You speak for the rest of the world? What a burden that must be.

The Nicolau award is just as alive as ever. If you that ignorant of the facts, it might be a good idea to stay silent. What airline do you work for? Let's drag out some of your skeletons.

I'd capitalize the name of the Lord.

Have a great weekend.
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Old 09-03-2016, 05:56 AM
  #1922  
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Yeah, buried deep in the 10k filings somewhere is proof that those orders were converted from our original options on the 330's, but you can't have a coherent conversation with a west pilot if you even mention it, so....shhhhhhhhh


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Old 09-03-2016, 07:05 AM
  #1923  
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Originally Posted by esadof
Using the Nicolau is not against the MB, not saying it will be used just that it's use is not illegal. Are you of the opinion the 9th ordered usapa to do something illegal as a consequence of usapa violating their dfr to the west?
Can you please show your reference for your conclusive reasoning why using the the "2007 NIC award" is "not" against the MB legislation based on language in MB stating the BOA cannot use their authority for a transaction that took place before the date of enactment of MB and the language covered in the Protocol Agreement/Procedural Ground Rules
stating there will be three list?

They BOA is free to come up with any list they want. Including a list that "looks exactly like the NIC", but my point (question) how can they use the "2007 award" given the points I have questioned?

You have repeatedly given "your opinion". Can you support your opinion with something more concrete (explanation of MB, reference to transcript where it conclusively decides this point, etc.)?

Your second question makes no sense.
You totally migrate given your error in your previous post. The 9th did not order the "East" to show up with a list, it ordered "USAPA". Everyone is aware of that I'm assuming you must be as well.

What DFR's did any court find USAPA made between the award of the NIC list in April 2007 and the announcement of the US/LAA merger on December 13, 2013? If none, then how does that relate to a NIC implementation requirement of the BOA or the use of three lists?

Did the 9th under its legal authority mandate the implementation of the NIC list? Did it mandate to the BOA that it must integrate the West and East based on the NIC list?

Or did the 9th in its finding just require that USAPA, if it was going to participate in the SLI proceedings, must endorse the use of the NIC as its
position?

The DFR was a hollow victory in the end. All it did was change the players in the SLI proceedings (USAPA/East) and require monetary damages to the West for something (DFR) that occurred as a result of "this merger" (10.h language). It did nothing as far as "implementing" the NIC list (my original discussion to which you have drifted and to which you haven't been able to address).

I get your desire for the NIC. I get your emotions about it. I just want to get some concrete and legally supportive reasoning for you conclusions.
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Old 09-03-2016, 07:27 AM
  #1924  
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For accuracy the above should have been written, "What DFR's was USAPA found guilty of commiting between the issuance of the NIC award in 2007 and the drafting of the MOU for the US/LAA merger"?
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Old 09-03-2016, 09:03 AM
  #1925  
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This is a very complex sli

Betting the arbs uncomplicate it, by writing an award that is easy for them to explain and makes the implementation easy for AA
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Old 09-03-2016, 10:22 AM
  #1926  
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As I recall, AWA got a seat at the SLI table because they convinced the arbs that USAPA could not be trusted to "fairly represent" them. Is this true?

DD
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Old 09-03-2016, 11:42 AM
  #1927  
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Originally Posted by DesertDog
As I recall, AWA got a seat at the SLI table because they convinced the arbs that USAPA could not be trusted to "fairly represent" them. Is this true?



DD

Not really sure how the Prelim Arb panel decided that, but in the end it didn't really matter because USAPA decided to leave the process. Might have worked out better after all is said and done...three parties, three proposals, everyone bringing what they had in 2013.


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Old 09-03-2016, 11:44 AM
  #1928  
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Originally Posted by Upsddown
For accuracy the above should have been written, "What DFR's was USAPA found guilty of commiting between the issuance of the NIC award in 2007 and the drafting of the MOU for the US/LAA merger"?
The drafting of mou/pa to not include the Nic.
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Old 09-03-2016, 11:59 AM
  #1929  
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Originally Posted by esadof
The drafting of mou/pa to not include the Nic.
Esadof,

Read what I wrote again. Trying to stay civil, but you are having a serious comprehension issue.
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Old 09-03-2016, 01:23 PM
  #1930  
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Originally Posted by Upsddown
Esadof,

Read what I wrote again. Trying to stay civil, but you are having a serious comprehension issue.
They were found guilty in the drafting of the mou, get it? Not including th Nic was unlawful. Had Silver ruled correctly originally the Nic. Would have been in full force at jcba, comprende? So to recap, the lus/Awa is not a covered transaction per MB, the company accepted the Nic and the 9th ordered usapa to bring the Nic as the east/west list.

Last edited by esadof; 09-03-2016 at 01:59 PM.
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