AOL update
04-01-2014, 07:04 PM
#2981
Line Holder
Joined APC: Dec 2010
Posts: 55
Originally Posted by SewerPipeDvr
That's it. Blame the lawyers. You people come to us, not the other way around. Human's have conflict. That's life. It won't change. Your attorney does his job for you. The opposite does the same for the other. So sit down with the other side and work it out yourselves. I don't see it happening do you?
To answer your question, no I don't see it happening. I saw from previous posts that you have not been flying recently, are you a lawyer now?
04-02-2014, 05:34 AM
#2982
Gets Weekends Off
Joined APC: Oct 2012
Position: Done with that
Posts: 191
Originally Posted by cactiboss
The case remaining open is what holds usapa hostage, after all Silver can be reversed and usapa guilty of dfr. That threat keeps the apa from dealing with usapa for fear of inheriting dfr.
First Silver being reversed. She is inline with the Ninth. All she really did was kick the can down the road. Second APA will inherit the DFR liablilty from USAPA IF USAPA gets their way. That is why APA will not allow USAPA in the tent. USAPA wants things done their way, but if APA becomes CBA they will have all the legal liability. Win/Win for USAPA and nothing but misery for APA. I do not believe APA's legal advisers would allow that.
04-02-2014, 05:39 AM
#2983
Gets Weekends Off
Joined APC: Oct 2012
Position: Done with that
Posts: 191
Originally Posted by izzy
The legal system should provide clarity, I think that's what people go there for. However, it does not. Lawyers are just there to make a living, and/or may also enjoy what they do. I wish opposing parties cold work it out, then we could put the legal system to pasture and do ourselves a favor.
To answer your question, no I don't see it happening. I saw from previous posts that you have not been flying recently, are you a lawyer now?
To answer your question, no I don't see it happening. I saw from previous posts that you have not been flying recently, are you a lawyer now?
04-02-2014, 07:00 AM
#2984
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Originally Posted by cactiboss
Silver has ruled on company/usapa request to modify
leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_304_Order.pdf
Turns out she was serious about usapa not being able to participate. Also the 30 day appeal clock starts for the west to appeal this case and keep it alive.
leonidas.cactuspilots.us/West_Pilot_DFR_DJ/Doc_304_Order.pdf
Turns out she was serious about usapa not being able to participate. Also the 30 day appeal clock starts for the west to appeal this case and keep it alive.
Any words not in her ORDER are merely kazoos for the consolation of the non-prevailing litigant.
Enjoy your kazoo!!
04-02-2014, 07:12 AM
#2985
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Originally Posted by ackattacker
She ruled against the company's request to remove footnote 15. Obviously no one (Company, APA, or USAPA) plans to follow the path contemplated in that footnote, which is hopelessly factually and legally inaccurate. She seems to realize she's left behind a confusing mess and seems to almost relish in it. Leaving the company in the awkward position of having to basically ignore certain statements and footnotes while embracing other parts. How can you claim part of the "dicta" is binding, and other parts are not?
The only thing that I can say for sure after this is that there is more legal maneuvering to come.
The only thing that I can say for sure after this is that there is more legal maneuvering to come.
Anyone who presumes to use her dicta as justification for changing the status quo will fail.
Her ORDER will be complied with.
04-02-2014, 08:20 AM
#2986
Banned
Thread Starter
Joined APC: Apr 2008
Posts: 3,240
Now we know why usapa wants their job action injunction lifted, these morons are threatening the company and nmb. Check out what they just filed with nmb:
And
. Since American and US Airways plainly are not now substantially integrated, the Board’s policy goal of stability in labor relations in the merger transition process will be fulfilled by waiting for this crucial and contentious dispute to be resolved.7
. 7 The Carriers and APA suggest that by defending its members’ vital interest in the seniority integration process that USAPA is destabilizing labor relations. That claim is ridiculous. Ensuring protection of a premerger employee group in this most fundamental area of employee benefits during the merger transition process is the essential task of the premerger representative. And the APA and Carriers’ suggestion that labor stability will be enhanced by the Board putting its thumb on the scale of this dispute to extinguish USAPA’s exclusive representative status—in APA and the Carriers’ minds then allowing them to order the seniority integration process unilaterally—is an even more ridiculous assertion. That is an invitation to profound labor strife that the NMB must reject.
04-02-2014, 09:33 AM
#2987
Gets Weekends Off
Joined APC: Oct 2012
Position: Done with that
Posts: 191
Originally Posted by PurpleTurtle
The only thing that can be appealed is the portion that is ORDERED. All else in the dicta has no force of law and are extraneous to the question before her court. Her dicta may speculate on future questions of law but such questions would be subject to undergo their own lengthy process of litigation, and will not be answered in an appeal of the plaintiff at the 9th (as her speculative dicta did not address the question of law before her.)
Anyone who presumes to use her dicta as justification for changing the status quo will fail.
Her ORDER will be complied with.
Anyone who presumes to use her dicta as justification for changing the status quo will fail.
Her ORDER will be complied with.
04-02-2014, 09:42 AM
#2988
Gets Weekends Off
Joined APC: Oct 2012
Position: Done with that
Posts: 191
Originally Posted by cactiboss
Now we know why usapa wants their job action injunction lifted, these morons are threatening the company and nmb. Check out what they just filed with nmb:
And
And
That comment will come back to bite him in the ass. USAPA has not been known much for "labor stability". The very reason they were parked. That is a hoot. I just love lawyers. Bottom line is did USAPA agree and sign the MOU. The time to hire Wilder was before signing anything, not after the horse is out of the barn and down the road a piece. Somebody made a bad tactical mistake there.
04-02-2014, 10:04 AM
#2989
Gets Weekends Off
Joined APC: Oct 2012
Position: Done with that
Posts: 191
Originally Posted by PurpleTurtle
If Silver was serious about USAPA being denied participation in MB then she would have included those words in the ORDER, as she did when she ORDERED the West Class is bound by her ORDER, and the defendantS prevailed.
Any words not in her ORDER are merely kazoos for the consolation of the non-prevailing litigant.
Enjoy your kazoo!!
Any words not in her ORDER are merely kazoos for the consolation of the non-prevailing litigant.
Enjoy your kazoo!!
04-02-2014, 07:28 PM
#2990
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Originally Posted by SewerPipeDvr
Why do you think Judge Silver would be required to include "those words"? If you understood her findings you would realize those words are in actuality there. USAPA has a problem. They argued for their position. Judge Silver agreed. Now Judge Silver's opinion will apply not only to the West (the past) but to USAPA (in the future). That is why USAPA agreed with the company to strike. They even asked for more. She declined. So USAPA is bound to the same fate (ruling) as the West. When APA becomes CAB USAPA will have no right to interfere. That is why they had to file in DC. That is why they want to start MB now. Their problem is they signed a contract called the MOU. They will be held to that contract. All that is going on now is lawyers making bank for our boats in the Bahamas. Which I will be leaving for in a couple of days. Got to get the boat out of the area before June 1st.
At any rate, since you think the plaintiffs prevailed even though they didn't, then I am sure you think the west should save their money and not bother to appeal Silver's ORDER. Really, no need to go to the 9th for appeal. Right?
The West is peddling/buying $675 ties when the litigation is over. What gives?
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