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Old 07-28-2012, 06:39 AM
  #121  
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Getting your contract rejected by the judge is almost always the better option, and in the long run, it has gotten a better contract than the initial TA offering. Also, APA will win the current 1113(c) process motion since the current one from AA does not meet the requirements of fair and equitable bargaining. You will have a much better leg to stand on after the judge rejects AA's motion.


This is just about the most ridiculous statement I have seen written on Airline Pilot Central. Not one airline has ever won the 1113 process. Yet, incredibly, APA will! Hahaha. Getting your contract rejected is almost always the better option? It has never been done. How could anyone know that it is a better option?
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Old 07-28-2012, 07:39 AM
  #122  
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Originally Posted by alfaromeo View Post
Please, no one make any decision based on this guy's advice. He thinks he is an expert but he is not. His ideas are just internet trash talk. American pilots should listen to what their union and the lawyers are saying and make their decision based on that. Almost everything this guy says is wrong.
Yes you're right, they should make their own decision, however they should also hear other peoples advice who have been through it before to assist in making the most informed decision. This is what a pilot rumor webboard is all about; Speculation. I'm simply using my past history to suggest there is a better way, since obviously the past way isn't working very well.

We won our first 1113(c) motion at Mesaba, and we were way better off after we won it.
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Old 07-28-2012, 08:53 AM
  #123  
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Originally Posted by alfaromeo View Post
Look, the American pilots will decide their fate and whatever they decide is the right choice. My only concern is that anyone who listens to this internet pseudo intellectual legal crap is doing themselves a disservice. Seek advice from the bankruptcy lawyers and not from webboard warriors.
What gives you the impression the few AA pilots aboard are basing anything on any statements here ?
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Old 07-28-2012, 08:56 AM
  #124  
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Originally Posted by Mesabah View Post
Yes you're right, they should make their own decision, however they should also hear other peoples advice who have been through it before to assist in making the most informed decision. This is what a pilot rumor webboard is all about; Speculation. I'm simply using my past history to suggest there is a better way, since obviously the past way isn't working very well.

We won our first 1113(c) motion at Mesaba, and we were way better off after we won it.
Having been through the process hardly qualifies you as an "expert" on bankruptcy law. By that token, most surgical patients are qualified physicians.
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Old 07-28-2012, 09:15 AM
  #125  
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Originally Posted by eaglefly View Post
Having been through the process hardly qualifies you as an "expert" on bankruptcy law. By that token, most surgical patients are qualified physicians.
I'm not presenting myself as a lawyer here. There's a difference between knowing the law and practicing law. Just as there is a difference between knowing what goes on during surgery and practicing medicine. If I was having surgery and wanted to know everything about the procedure, I could research it, but that doesn't make me qualified to operate. I'm not asking to represent the APA in court here, I'm simply stating that the law is not completely against labor as it is made out to be. The fear being put out there is completely ridiculous, and it's hurting the profession dearly.
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Old 07-28-2012, 12:20 PM
  #126  
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Originally Posted by Mesabah View Post
I'm not presenting myself as a lawyer here. There's a difference between knowing the law and practicing law. Just as there is a difference between knowing what goes on during surgery and practicing medicine. If I was having surgery and wanted to know everything about the procedure, I could research it, but that doesn't make me qualified to operate. I'm not asking to represent the APA in court here, I'm simply stating that the law is not completely against labor as it is made out to be. The fear being put out there is completely ridiculous, and it's hurting the profession dearly.
Well, in a previous post you stated you are an expert in labor law and bankruptcy and repeatedly stated what will occur with absolute certainty should our contract be subject to abrogation by Lane. Not much grey are with that. At any rate, if this TA tragically passes, we'll never find out.
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Old 07-28-2012, 12:38 PM
  #127  
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When will we know? Then I don't have to keep checking!
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Old 07-28-2012, 02:24 PM
  #128  
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Originally Posted by eaglefly View Post
Well, in a previous post you stated you are an expert in labor law and bankruptcy and repeatedly stated what will occur with absolute certainty should our contract be subject to abrogation by Lane. Not much grey are with that. At any rate, if this TA tragically passes, we'll never find out.
Well, it's quite easy to explain my position. Could AA impose a 200hr monthly block requirement of its pilot group? The answer is no, because 100 hrs max for the month is a federal regulation. Could the judge allow AA to impose a contract, which provisions violate OSHA law? Certainly not! So my question is, how can a bankruptcy judge abrogate a contract and allow labor laws to be null and avoid? That's what is contained in the AA 1113(C) motion. It is federal law that works have the right to organize and monopolize their labor at their respective companies. Only a consensual agreement between its workers can allow a company to outsource its labor.
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Old 07-28-2012, 05:29 PM
  #129  
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Originally Posted by Gallifrey View Post
When will we know? Then I don't have to keep checking!
August 8th.
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Old 07-28-2012, 05:34 PM
  #130  
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Originally Posted by Mesabah View Post
Well, it's quite easy to explain my position. Could AA impose a 200hr monthly block requirement of its pilot group? The answer is no, because 100 hrs max for the month is a federal regulation. Could the judge allow AA to impose a contract, which provisions violate OSHA law? Certainly not! So my question is, how can a bankruptcy judge abrogate a contract and allow labor laws to be null and avoid? That's what is contained in the AA 1113(C) motion. It is federal law that works have the right to organize and monopolize their labor at their respective companies. Only a consensual agreement between its workers can allow a company to outsource its labor.
By your argument all airline labor would have to be unionized and operating under negotiated CBA's. We know that's not the case. You're arguing certainties again and I cannot validate your conclusions.
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