Old 08-06-2014 | 10:56 AM
  #45  
PurpleTurtle
Gets Weekends Off
 
Joined: Apr 2011
Posts: 1,967
Likes: 0
Default

Originally Posted by alfaromeo
I know there is no hope convincing Purple Turtle, but the East was not exonerated. What the courts said was that the West has to wait until they have been screwed by the East and then sue. That is all, not that the East was right, just that they haven't pulled the trigger on the gun yet so there is no murder.

The courts don't like to interfere in negotiations so they generally do not allow a DFR case unless the negotiations are over. So the East has continually proposed solutions that are clear violations of the DFR, but they have never been able to close the deal, therefore the courts say "Not Yet".

In their continual lunacy, the East pilots claim this as a legal victory. It is not, the string is running out. Both the APA and AMR management want nothing to do with inheriting the liability for the insane plans of the East pilots to avoid the arbitrated list. What you see now are the desperate final death throes of USAPA and their twisted view of the world. No one will miss them. In the end, they will be crushed and then a bunch of East pilot leaders will have a lot of splainin to do. It is just sad that these few people dragged down their entire pilot group with them.
Unfortunately the West failed to understand one simple legal reality... An arbitration is only enforceable to the extent provided for in the contract that establishes the arbitration to begin with.. In the case of the Nic, it was the 2005 TA. Both the company and USAPA abided by the 2005 TA, and that contract is now a legal nullity. No one has to like it, but legal efforts opposed to reality are both costly and futile.
Reply