AOL update
#3001
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
The APA will not be able to have the same latitude as USAPA did when they became the single carrier because of a little thing called a federal statute, something far more precise and controlling than a DFR. APA is not being sued for a DFR, they are being sued for a violation of a federal statute. The West rejected the idea that MB could provide them any protections and chose instead to go double or nothing, and got nothing, except for a bunch of legal bills and patriotic ties.
Yesterday, Monday, April 21, the Plaintiffs in Addington II filed a Notice of Appeal (Doc 306) asking the United States Court of Appeals for the Ninth Circuit (located in San Francisco) to review the decision issued by the United States District Court for the District of Arizona (Judge Roslyn O. Silver). The decision dismissed all claims against US Airways and USAPA. In particular, the decision upheld USAPA’s decision not to include the Nicolau Award in the Memorandum of Understanding that was ratified in February 2013, and ruled that Plaintiffs are not entitled to participate as a separate party in the seniority list integration proceeding that will integrate the seniority of American and US Airways pilots.
The other parties (US Airways and USAPA) have 14 days to file a cross-appeal. A cross-appeal allows the party filing it to argue that the decision is incorrect and should be changed. The Clerk has issued a Scheduling Order; Plaintiff’s - Appellants Brief is due July 30, 2014. Answering Briefs are due August 29, 2014. Reply Briefs are due 14 days after the filing of the Answering Briefs. Once the briefs are filed, the Court will set a date for oral argument. The normal time for oral argument is anywhere from 12-20 months from the date the appeal is filed. There is no time limit for issuing a decision following oral argument, but in most cases the decision is issued 3 months to a year after oral argument.
We will keep you informed of developments and filings in this case.
USAPA Communications
The other parties (US Airways and USAPA) have 14 days to file a cross-appeal. A cross-appeal allows the party filing it to argue that the decision is incorrect and should be changed. The Clerk has issued a Scheduling Order; Plaintiff’s - Appellants Brief is due July 30, 2014. Answering Briefs are due August 29, 2014. Reply Briefs are due 14 days after the filing of the Answering Briefs. Once the briefs are filed, the Court will set a date for oral argument. The normal time for oral argument is anywhere from 12-20 months from the date the appeal is filed. There is no time limit for issuing a decision following oral argument, but in most cases the decision is issued 3 months to a year after oral argument.
We will keep you informed of developments and filings in this case.
USAPA Communications
#3003
Banned
Joined APC: Jun 2008
Posts: 8,350
The APA requests that I encourage all US Airways pilots I know to fill out the application so as to facilitate the domicile elections and smooth the transition once they become the sole bargaining agent.
Rumor has it they are friends of all, pet cute little cats (or at least don't kick them) and regularly hand out lollipops to kids. What could there possibly be to worry about ?
Rumor has it they are friends of all, pet cute little cats (or at least don't kick them) and regularly hand out lollipops to kids. What could there possibly be to worry about ?
#3004
Flies With The Hat On
Joined APC: Aug 2006
Position: Right of the Left Seat
Posts: 1,339
The APA requests that I encourage all US Airways pilots I know to fill out the application so as to facilitate the domicile elections and smooth the transition once they become the sole bargaining agent.
Rumor has it they are friends of all, pet cute little cats (or at least don't kick them) and regularly hand out lollipops to kids. What could there possibly be to worry about ?
Rumor has it they are friends of all, pet cute little cats (or at least don't kick them) and regularly hand out lollipops to kids. What could there possibly be to worry about ?
USAPA pilots are well aware that APA is seeking to deny any guarantee that US Airways pilots will continue to enjoy their self-appointed SLI representation. Hence why the NMB is going to arbitrate the APA/USAPA Merger Protocol Agreement.
APA's gathering of uncertified information does nothing to further a smooth transition. At the appropriate time, APA will be supplied with certified employment information on US Airways pilots from American Airlines. At that time all gathered information from this APA political stunt will likely be discarded as unofficial and uncertified.
#3005
Banned
Joined APC: Jun 2008
Posts: 8,350
Eaglefly, your post and APA's efforts in this matter prove to be disingenuous.
USAPA pilots are well aware that APA is seeking to deny any guarantee that US Airways pilots will continue to enjoy their self-appointed SLI representation. Hence why the NMB is going to arbitrate the APA/USAPA Merger Protocol Agreement.
APA's gathering of uncertified information does nothing to further a smooth transition. At the appropriate time, APA will be supplied with certified employment information on US Airways pilots from American Airlines. At that time all gathered information from this APA political stunt will likely be discarded as unofficial and uncertified.
USAPA pilots are well aware that APA is seeking to deny any guarantee that US Airways pilots will continue to enjoy their self-appointed SLI representation. Hence why the NMB is going to arbitrate the APA/USAPA Merger Protocol Agreement.
APA's gathering of uncertified information does nothing to further a smooth transition. At the appropriate time, APA will be supplied with certified employment information on US Airways pilots from American Airlines. At that time all gathered information from this APA political stunt will likely be discarded as unofficial and uncertified.
Thanks for the laugh though.
#3009
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Your sarcasm is noted. You are an ostrich. You deleted the salient point because you didn't like the truth. The West repudiated MB protections for themselves and chose to chase a high risk DFR suit that always costs more than it ever achieves, even in the unlikely event it is ever successful... and you had your trial on the merits... fail. USAPA on the other hand has embraced the MB protections for all pilots they represent and the law will force APA to negotiate or arbitrate. No DFR lawsuit will ever be needed.
#3010
Meh...
Joined APC: Jan 2012
Position: Nunya
Posts: 240
The West DFR suit was successful. The result of which is that a DFR threat to the APA is being taken seriously (which is why they insist on a methodology that includes FULL west representation, meaning the 'Nic is introduced into the conversation) and AAG feels the hot breath of liability. The result is that the APA and AAG are fighting to make sure they are not exposed. Limiting that liability means introducing the 'Nic. Which will happen.
The only SLI in existence between AWA and US is the 'Nic. Just a friendly reminder lest anyone forget
Another facet of the diamond overlooked by usapa supporters is what is meant by a "three-way". usapa's version of a three-way is; usapa (dictating the fate of the west pilots unilaterally), AAG, APA.
In reality, a three-way will be usapa, the west (presenting the 'Nic), and APA.
The only involvement of AAG in our SLI is merely to accept what the result is, just as usapa has insisted (those crew meals, just like seniortity), US (Parker) accepted the SLI between AWA and US.
The only SLI in existence between AWA and US is the 'Nic. Just a friendly reminder lest anyone forget
Another facet of the diamond overlooked by usapa supporters is what is meant by a "three-way". usapa's version of a three-way is; usapa (dictating the fate of the west pilots unilaterally), AAG, APA.
In reality, a three-way will be usapa, the west (presenting the 'Nic), and APA.
The only involvement of AAG in our SLI is merely to accept what the result is, just as usapa has insisted (those crew meals, just like seniortity), US (Parker) accepted the SLI between AWA and US.
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