cactiboss

Dude, there is proof of your repression. Ask anyone who reads that besides an eastie and it's clear what it says. If it's neutral how does it do away with the Nic ? I know even a child can read that and comprehend what it says, why can't you?

R57 relay

Well, I had two family members read it. The first time I phrased the question "Does voting for the MOU implement the Nicolau award?" Both of them on the first reading said yes. I said read it several more times and frame it this way:

-You are an east pilot and fear that if you vote yes for the MOU, and it's ratified, that it will implement the Nicolau award, so maybe you should vote no. USAPA says-“no East
pilot should vote against the MOU because they fear that ratifying the MOU will implement the Nicolau Award”

-You are a west pilot and think that if you vote yes for the MOU, and it is ratified, it will implement the MOU. USAPA says-“no West pilot should vote for the MOU because they believe the
MOU will implement the Nicolau Award.”

They both said that it was very confusing language, but when framed that way it means the MOU doesn't implement the Nicolau award. I think it was intentionally worded that way.

How do other guys out there read this?

cactiboss

You keep fixating on the Mou and the Nic. When the Mou is completely neutral on that question. What triggers the Nic is a contract, the mou "becomes" a contract at date of merger (por). What is usapa's LUP for abandoning the Nic as required by the TA (not mou )? At por, per the 9th, we can go see if abandoning the Nic. Was permissible or a dfr. When you voted for the mou, you voted for a contingent contract and triggered ripeness. The west voted 98% to trigger ripeness, get it?

R57 relay

Change the argument as usual.

Yeah, I get it, I know why you voted for it. The problem I see is that the contract you voted for amends and then does away with the contract that you claim implements the Nic.

But that is not the question before Silver. She said the MOU makes it ripe because it is a contract. But she distilled your rambling DFR to one question:

"The exact claim brought by the West Pilots is:
USAPA breached its [duty of fair representation] because it made
a contract that abandons a duty to treat the Nicolau award as final and binding.

In other words, the West Pilots’ claim is that USAPA
breached the duty of fair representation when it entered into the MOU because the MOU does not require USAPA use the Nicolau Award in the McCaskill-Bond process."

So this question shows that the MOU doesn't include the Nic. You guys knew it and voted for it anyway. You cannot claim that the TA is now complete, it isn't. I would become complete at POR completion, when it is replaced by the MOU and it's new wording that prohibits the implementation of the Nic.

Here is Judge Silver's suggestion for a LUP:

"THE COURT: Okay. Okay. I agree with you. But the
legitimated union purpose can be in representing everyone which
would also be the East Pilots and coming up with a combination;
right? You agree that there are a variety of different
seniority agreements"

cactiboss

have you read the MOu? It specifies which sections of the TA are amended by it, by specifies I mean it has specific language on which parts of our TA are modified. Now I guarantee you the requirement for the Nic is still in there. Now I know in your repressive state you can't get past the fact our old contracts go away, for this delusion I ask you this. if east/west head voted in a contract in 2007, the TA would go away yet the list would still be the Nicolau, how is that possible if the TA was superseded? Same thing is at play here.

Well then what's the problem? You would think usapa would want this settled ASAP.

R57 relay

Then what is the point of your DFR as distilled by Judge Silver. You are in your own world, as if events in the real world doesn't matter. Read that DFR I quoted above.

R57 relay

Cacti, what does this mean to you?

"h. US Airways agrees that neither this Memorandum nor the JCBA shall provide a basis for
changing the seniority lists currently in effect at US Airways other than through the process set forth in
this Paragraph 10."

R57 relay

Because you have to take things step by step. You don't let things get by. Silver is showing shades of Wake and it is easier to stop things before they happen than to have them overturned.

cactiboss

It means the mou has no authority to change the lists, why? Because it's seniority "neutral". The authority to trigger the Nic is a jcba. Btw, why don't you quote the mou language that specifically addresses the TA portions modified by the MOU?

R57 relay

I think you're wrong. Again, if so, why the DFR?

We'll see. Or I should say I hope we get a chance to see.