dynap09

I think they got this right here. They shouldn't be in the business of interpreting court orders unless they themselves were ordered to do something. This order relates to the east (ALPA / USAPA).

Hard not to see Court going for the decert USAPA and cert a new committee not obligated to follow a previous decision however - it's kind of similar to the approach with Nic

The idea of no rep for east though is a bit crazy, hopefully USAPA or some other east group can get to the table before everything is decided.

kdogger

This is the most relevant part of the expanded write up answer to question 2 (page 18):

"

That determination will be made by the

Board only after we have had the opportunity to carefully review all of the

relevant record evidence. Regardless of the precise positions advocated by the

Merger Committees, including whether or not any Merger Committee for the

East Pilots advocates for a methodology based upon the Nicolau Award or were to

advocate for a different methodology, we ultimately will accord the Nicolau

Award the weight that we believe it is entitled to receive in the context of the

particular seniority integration methodology that we utilize to develop a fair and

equitable integrated list.4"

I read this to say that the arbitrators don't care if the east committee's position advocates the Nic or not. They're going to be the ones to do that.

eaglefly

IMO, they are asserting THEIR right to apply whatever weight they feel the NIC is applicable to THIS SLI considering its impact on a fair and equitable final result. They could give it 100% applicablity and inclusion, a portion and percentage of that or nothing. Reading between the lines, I see the ghost of the phrase "each case turns on its own facts" as being the most relevent foundation for whatever end result occurs. This is NOT any other SLI, but its own unique situation and there are many aspects present in this integration not present in any past one.

Exactly what many of those facts are is subjective. At least two and perhaps three committees will present what THEY feel are the facts and appropriate resulting methodology and the arbitrators will sort through the data, arguments and testimony to arrive at what THEY feel is fair and equitable.

ackattacker

I don't believe you are grasping the questions put before the panel nor their answers. The question was whether a (potential) replacement East committee was bound to "advocate" the Nic. The answer is that the panel takes no position. They will not impose any restrictions not imposed by a court. Whether Silver's eventual order makes such a restriction on advocacy clear is still an open question.

Their answer makes perfectly clear, as does the 9ths decision, that the panel is in no way under any requirement to implement the Nic whether the East advocates it or not. Nor is APA under any requirement to advocate it, and similarly, what they advocate or fail to advocate is not necessarily going to determine the outcome.

Bringupthebird

So how does anyone on the east side get the info necessary to present a clean-sheet proposal that has no connection to USAPA? And who funds such a committee?

dynap09

APA could fund the committee with help from the company.

The east committee would not be doing a clean sheet proposal. They'd begin with Nic, and then advocate for all the approaches / fences etc that would best benefit east pilots vis a vis APA (most critically) and West.

Because the east are not evenly distributed even in Nic so are likely to benefit and be hurt by various factors even against west.

If east can't get over DOH and friends, then I do think they may have a problem - I don't see the court allowing USAPA to do the dissolve and reform as a new entity gimmick that got everyone here in the first place.

DCA A321 FO

You are HIGH

Laker24

So are you saying that since it's no longer a "USAPA" MC you are no longer bound by the NIC? That sounds familiar. What will you do if/when Judge Silver states that any successor East MC must also advocate the NIC? Will MC number 2 also resign?

DCA A321 FO

Well if she forces them to use the NIC the best course of action would be to work with the West. I don't think the East committee will be forced to use the NIC though.

cactiboss

It will make absolutely no sense if she doesn't but this whole thing has been a travesty of justice so why stop that now? Silver seemed to have a hard on for you easties in her opinion and now the 9th corroborated her assessment of your behavior. Nothing she does or doesn't will shock me but if this survives en banc , there's better than even odds she just might open up a can of whoop a$$ on you boys.