More than a year ago I said it would go by ratios, so I don't disagree with the result you expect.

However Judge Silver isn't stupid (though she puts on a good act). The Judge can say anything she wants in her own court room but just like Wake once she signs her name to an order it can be overturned.

The company says they want Judge Silver to invent a reason to have the West independently represented, but yet the company didn't even bother to negotiate that provision into the MOU. Does Silver have the balls to insert her own preference into a contract and then dictate her preference be obeyed as if it were a contractual agreement? Why should she stick her neck out to give the company something they didn't even negotiate for?

And if she wants to assume jurisdiction to interpret the MOU so she can declare the MOU really means to include a West rep, as the company/she want it to.... well then she risks being overturned by a measly System Board arbitrator (who does in fact have sole jurisdiction over contract meaning disputes, as Silver acknowledged when she dismissed the Company earlier in this lawsuit.)

Does Silver have the balls to do more than talk a good talk in her own court room? What will she actually sign her name to when she pauses and contemplates her antics will finally be reviewable by the 9th or a System Board arbitrator?

Come Monday, the MOU will be in full effect and force. A pox on anyone that dickydoos with that.

 

Delusional

 

Delusional for pointing out what it actually SAYS? I offered for you to show me where the company claims that has to be done. Besides, the company won't be making the final decision.

 

Delusional because even usapa claims MB won't apply to east west lists.

 

Show me, lay it out. Did you pick up on PT's subtle hint about the west having it's own representation?

 

Actually most people are missing the point. Judge Silver has a DFR trial in front of her. By definition the courts award damages for past actions if a DFR has already occurred. As the 9th already ruled, the court does not insert itself into the negotiations in order to prevent a future DFR from occurring.

The company argues the West must have independent representation in a future MB negotiation in order to ensure fair and equitable treatment. That argument is based on the assumed premise that USAPA will commit a DFR breach in the future, unless the court intervenes now and certifies a new union for the West to prevent it.

That is basically the same assumption Judge Wake relied upon when he ordered an injunction that required USAPA to use the Nic. (If the court doesn't step in now, then a DFR will occur in the future.)

Accept in this situation the company attempts to persuade Silver to go much further than Wake ever ventured. During a DFR trial, the company takes no position on the issue at trial, but uses the trojan horse of "neutrality on the DFR" to then launch an appeal to have Judge Silver certify a West Class union, in effect. Not only do they appeal to Silver to establish a West Class union, but they also ask her to grant to her new union a contractual benefit that neither the company nor the newly fiat union negotiated... and the fiat benefit would by definition be contrary to the parties that actually did negotiate the MOU. .... and they want Silver to do this to prevent an assumed future DFR.

The only question that remains is if Silver feels lucky.

 

Go read us cabs doc 283

 

Man usairways east must hold the biggest pool of lowest iq pilots ever hired. Silver already explained why it was "ripe" and why what the 9th "enviosened" can never happen. Start accepting the Nic in your mind so you won't need to activate the cirp again.

 

How ironic. What the 9th envisioned....

The 9th envisioned contingencies... Is Silver really arguing that the 9th was wrong about contingencies. And are you really saying Silver was right and the 9th was wrong.

The 9th decided there is no justiciable issue until negotiations are complete. Silver is a hack.

 

Fixed your misprint for you.

I read it. I don't get out of it what you do.