Originally Posted by
PurpleTurtle
First of all it wasn't chapter 10 that nullified the 2005 TA and the arbitration and single agreement included in the that TA, it was in paragraph 4 of the MOU.
We were specifically talking about Sec 10 as it applies to the NIC, not how the TA disappears.
Second, Pat Szymanski, lead council for USAPA told everyone in the road shows that the 2005 TA was a nullity.
Immaterial when you state it that way. Did he say the exact same thing at all road shows? Any differences? There are always differences. Is this recorded? Specifically, did he say the MOU was Neutral as regards the NIC? Did USAPA put out a statement saying don't vote for the MOU regards the NIC/NoNIC? Conflicting information impeaches the nullity statement.
AND THE WEST NAC MEMBER NODDED HIS HEAD IN AGREEMENT AS HE LISTENED!
Listen for yourself at 0:39 seconds in....
Part 12 Q and A - YouTube
Interesting. Who was the pilot group being briefed? East pilots? Was the same talk given to the West Pilots? And is that recorded? According to the trial transcripts it did not sound like the same talk was given. Note again, it is NOT the legal responsibility of a individual to tell the West pilots, it is either the officers of USAPA or someone delegated specifically/officially by the committee and/or USAPA officers. Legal responsibility can be rather tricky. That is what would be interesting to know. If the NAC did not tell the west NAC member to brief the West he should have no legal responsibility under the law, making his knowledge immaterial in court. Who's responsibility was it to tell the West pilots what Sec10 contained? Did anyone West ask P.S. about the effect of the new agreement on the NIC? I thought I saw the West road show and he said it was neutral? If my memory is correct USAPA has a legal problem. Again I think all this is moot. Siegal won this case for the company. The company will get what they want. Getting the West into MB relieves them of legal responsibility from any East/West damages. I believe it would also insulate APA from inheriting any legal jeopardy but would need to research that (which ain't gonna happen, I'm happily retired). All this is just fun stuff to argue but it won't mean squat. You people should look at what APA will be asking in MB. CAL asked for the moon, and instead got mooned and UAL won most of the marbles. Asking for the NIC OR DOH is a non-starter. USAPA really needs to step up and figure out a plan to win in MB, against APA not the West. You will be ignored if you stick with NIC/DOH, unless APA gets greedy and screws up. I don't think they will and they will follow UALs lead. Again I think you will end up a step below CAL. Maybe I am wrong.