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Old 01-11-2014 | 02:31 PM
  #115  
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70Espada
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Originally Posted by PurpleTurtle
Let's cut through all the BS and emotion. The West pilots have been donating large sums of money in hopes of getting the Nic list implemented. Name one document that affirms the Nic must be used by anyone.... I'll name you three.

1. The 2005 TA (which is by the way the only negotiated agreement to agree to ALPA merger policy for SLI), and it was itself negotiable.

2. The judgement of Judge Wake that enjoined USAPA to use the Nic.

3. The Plaintiff's most recent request for remedy asking Judge Silver to enjoin USAPA to use the Nic, based on the premise that USAPA is guilty of DFR for not using it... and in the alternative asking to be granted representational rights (but not the obligation) during the SLI process so the West themselves could advocate for the Nic.


Long ago the 9th made it clear that the courts were unable to provide judicial intervention during negotiations, and had no place or role until a new seniority list was ratified. Despite this Judge Silver allowed the company to go on an excursion with the DJ, and now several years later, without a new ratified seniority list, Jude Silver exclaims how hard her job is in this DFR trial, on the merits... because there is no new ratified seniority list. Shazam. Whoda thunk it.

Name one relevant document that requires anyone to use the Nic... Both Judge Wake and Judge Silver assumed that USAPA had to use the Nic. There will never be a successful DFR lawsuit (or even a scary threat) based on such assumption, but there will be lots of blustering and donations based on that assumption.

I have said before, when the dust settles there will be a UAL/CAL type list, the easy way or the hard way, and some will declare victory because they didn't get hosed as bad as they could have been, and others will keep donating.
There are no documents because you haven't yet not used the Nic. The courts though have repeatedly warned you about the dangerous ground you'll be on if you choose not to use it. They've basically told you you're free to jump off a cliff, but doing so is probably going to hurt. I stayed off the board last night and most of this morning because I'd never seen all you east guys so jovial, but eventually you're going to find out, well maybe not accept it though. The Nic isn't dead. You can't change the fact that it happened and it set a precedent for what a fair list between AWA and US looks like. Now I know you don't think it's fair and maybe I don't either, but from a legal stand point it was fair. USAPA has never been able to come up with an acceptable reason for not accepting it.

As for your response, that was a lot of typing and you didn't answer my question.
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