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Old 09-07-2013, 10:43 AM
  #61  
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Originally Posted by R57 relay View Post
The CAL chairman is right, they have to live with it. With out Transition Agreement, we didn't, whether anyone agrees with the method or not.

Thanks for keeping it on this thread. Wasn't sure you would.
Did you see the shout out to George Nicolau from these arbitrators?
Regrettably but inevitably, there will be perceived disparities and mismatches by individuals on both sides under the merged list. George Nicolau's four basic verities of ISL arbitration are as apt and vital today as they were nearly a quarter of a century ago: each case turns on its own facts; the objective is to make the integration fair and equitable; the proposals advanced by those in contest rarely meet that standard; and the end result, no matter how crafted, never commands universal acceptance."
How do you think any arbitrator will look at the east pilots (usapa) if we are lucky enough to merge?
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Old 09-07-2013, 11:10 AM
  #62  
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Originally Posted by cactiboss View Post
Did you see the shout out to George Nicolau from these arbitrators?

How do you think any arbitrator will look at the east pilots (usapa) if we are lucky enough to merge?
Nicolau's verities(each case turns on its own facts; the objective is to make the integration fair and equitable; the proposals advanced by those in contest rarely meet that standard; and the end result, no matter how crafted, never commands universal acceptance) are correct. His award is screwed up and they didn't say otherwise about the actual award.

You are a pilot. The Asiana guys that flew a perfectly good airplane into the edge of the runway at SFO are(were?) pilots. Do you agree with and uphold their performance? How do you know what other arbitrators think of this Nicolau award? Can you claim that the our Nicolau award didn't have a profound affect on how SLIs are handled?

I won't presume to know how arbitrators will look at us. I will have to hope they are professional enough to not hold anything against us and go by the facts of the case. I'm imagining something like what happened with UA/CO.
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Old 09-07-2013, 11:17 AM
  #63  
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Originally Posted by R57
I'm imagining something like what happened with UA/CO.
So you think they will redo east west list?
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Old 09-07-2013, 11:36 AM
  #64  
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Originally Posted by cactiboss View Post
So you think they will redo east west list?
I think they will take what they are handed and merge them. What they are handed will be the question and in the last Silver hearing you guys finally acknowledged that.
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Old 09-07-2013, 12:31 PM
  #65  
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Originally Posted by R57 relay View Post
I think they will take what they are handed and merge them. What they are handed will be the question and in the last Silver hearing you guys finally acknowledged that.
So they will merge 3 lists? Even though we were one company in 2007 when MB was put into effect? Even though the west furloughed in 2008 a full 3 years after we were a single company? I actually am not worried at all about the SLI because I firmly believe the west will prevail, I'm more worried that this merger takes place so we can rid ourselves of the easthole majority forever.

P.S. If the eastholes are righteous why do you fight going to court?
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Old 09-07-2013, 12:33 PM
  #66  
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Originally Posted by cactiboss View Post
So they will merge 3 lists?

The way I read the MOU, yes. Of course we have some legal issues to clear up.

You?

What did you think of USAPA's jurisdiction filing?
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Old 09-07-2013, 12:41 PM
  #67  
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Originally Posted by R57 relay View Post
The way I read the MOU, yes. Of course we have some legal issues to clear up.

You?

What did you think of USAPA's jurisdiction filing?
Well i think we have 2 companies merging not 3, I believe MB specifically prohibits it's application to mergers prior to 2007. How do the arbitrators look at the west furloughs? Think about that, the same company furloughing from one side and hiring on another, you think they will look at usairways as 2 separate companies?
As far as usapa's latest filing i ask you, why does usapa fight going to court if what they are doing is right? Seems to me they would welcome the chance to prove they are righteous?
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Old 09-07-2013, 12:50 PM
  #68  
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Originally Posted by cactiboss View Post
Well i think we have 2 companies merging not 3, I believe MB specifically prohibits it's application to mergers prior to 2007. How do the arbitrators look at the west furloughs? Think about that, the same company furloughing from one side and hiring on another, you think they will look at usairways as 2 separate companies?
As far as usapa's latest filing i ask you, why does usapa fight going to court if what they are doing is right? Seems to me they would welcome the chance to prove they are righteous?
Let me help you out here. Some of you westies are really bad at research.

We were one company, but not one pilot group. Here is the relevent section of the MOU that you guys ratified by about 97%:

"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."

We can agree to do it anyway we want, and we agreed to do it along the lines of MB.

Now, the third possibility your attorney gave Silver as a remedy:

"And then we had the McCaskill-Bond, which is a remedy
which we've already litigated and I think is fully briefed,
that, you know, to the extent that we are entitled -- we need
to have a decision whether we're entitled to a seat at the
table. And then if we go to the table, then we have the right
to pursue in that arbitration our list."

So if it can't be applied, why did YOUR lawyer suggest it as a remedy?

The furloughed on one side while hiring on the other supports the 3 list theory.

USAPA is doing just what the west is, whatever they think they can to win. Why don't you guys do what you know will work? Get a joint contract and SLI, then sue?

You say you aren't worried, but using terms like "easthole" and scab show otherwise.
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Old 09-07-2013, 01:02 PM
  #69  
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Originally Posted by R57 relay View Post
Let me help you out here. Some of you westies are really bad at research.

We were one company, but not one pilot group. Here is the relevent section of the MOU that you guys ratified by about 97%:

"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."

We can agree to do it anyway we want, and we agreed to do it along the lines of MB.

Now, the third possibility your attorney gave Silver as a remedy:

"And then we had the McCaskill-Bond, which is a remedy
which we've already litigated and I think is fully briefed,
that, you know, to the extent that we are entitled -- we need
to have a decision whether we're entitled to a seat at the
table. And then if we go to the table, then we have the right
to pursue in that arbitration our list."

So if it can't be applied, why did YOUR lawyer suggest it as a remedy?

The furloughed on one side while hiring on the other supports the 3 list theory.

USAPA is doing just what the west is, whatever they think they can to win. Why don't you guys do what you know will work? Get a joint contract and SLI, then sue?

You say you aren't worried, but using terms like "easthole" and scab show otherwise.
Hmm you better look again at what we are asking, we are asking for a seat not because of a 3 way but because we don't think usapa will represent us even if the nicolau is it. Usairways offered usapa to negotiate every section of a new contract and let the seniority issue go to arbitration, guess who refused? I cazll you eastholes for the career destruction you have brought to the west group. BTW the MB speaks only of companies not pilot groups, so we were a single company in 2007.
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Old 09-07-2013, 01:47 PM
  #70  
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Originally Posted by R57 relay View Post
WD, do you have a link to the updated Nic award that one of you pilots did last year? It's "washed" and it shows the upward progress of your junior pilots at the expense of the east. Spartan leader EF would get an 18% point bump in relative position if it were implemented then, more today. It shows how current reserve A320 F/Os on the west are sitting beside east A320 captains on the Nic.

I have it on pdf, just think I can attach it.
Yes I do but now this 18% bump you claim, that EF gets, if I remember correctly he has east pilots on both sides of him. That means if he moves 18% so do the east pilots immediately before and after him! NEXT???

Still waiting on your supposed windfall scenario????

WD at AWA
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