Airline Pilot Central Forums - Judge Silver rules

Airline Pilot Central Forums (https://www.airlinepilotforums.com/)

- American (https://www.airlinepilotforums.com/american/)

- - Judge Silver rules (https://www.airlinepilotforums.com/american/79177-judge-silver-rules.html)

Quote:

Originally Posted by cactiboss (Post 1556886)

I'm not. However it will be interesting to see how they react to this, what is the company/apa to do now? I would think that waiting for usapa to go away and forming independent merger committees under apa with companies blessing and proceeding to arbitration is the way to go as far as apa/company avoiding liability to both east/west pilots.

The company should go back and read the very same RLA that they have used to avoid negotiating a contract that became amendable years ago. The company, legally can not decided who represents the pilots that they bargain with- like it or not.

Quote:

Originally Posted by 70Espada (Post 1556883)

There are no documents ...

Exactly. But that won't stop gullible pilots from donating to slick LLCs based on implicit assumptions.

Quote:

Originally Posted by R57 relay (Post 1556899)

Well, what does this mean to you?

"99. USAPA, therefore, breached the duty of fair representation by
entering into the MOU because the MOU abandons a duty to treat the
Nicolau Award as final and binding.
100. Plaintiffs are entitled to a declaratory judgment to that effect
and to other remedy sought below.

Judge said: "IT IS FURTHER ORDERED the Clerk of Court is directed to enter judgment in
favor of Defendant US Airline Pilots Association on Count I"

Events changed after the 9ths ruling and the original DJ. A merger came along and we voted in a MOU that modified, then did away with the TA.

It means somebody thought USAPA had already committed a DFR. I think you missed what I was saying.

Quote:

Originally Posted by R57 relay (Post 1556899)

Yeah go read her order, she never answered that question, here's what she said she could answer;

Quote:

Thus, the only question the Court can answer

at this time is whether USAPA had a legitimate union purpose for entering into the MOU

And why was that?:

Quote:

The Court could then compare the Nicolau
Award to the new seniority regime and evaluate USAPA’s reasons for adopting the new
regime. But the complicated state of affairs means that, at present, there is no new seniority
regime directly comparable to the Nicolau Award. And, in fact, there never will be. The
merger with American Airlines, combined with the terms of the MOU, means a new seniority
regime will exist only after the McCaskill-Bond process is complete. That new seniority
regime will include the thousands of pilots from American Airlines and it will be difficult to
compare that regime to the Nicolau Award.

So the west lost the question of DFR on the MOU itself. Judge Silver reiterated the MOU is "neutral" on seniority and as such leaves open the door to dfr 3 if we ever get that far.

Quote:

Originally Posted by 70Espada (Post 1556908)

It means somebody thought USAPA had already committed a DFR. I think you missed what I was saying.

Well, try again. You are talking about events prior to this issue. The MOU changed everything, hence the new DFR. The Nic wasn't in there and USAPA wasn't guilty for it not being there.

Quote:

Originally Posted by justjack (Post 1556903)

And your representative will be the apa, right? Can the apa do what I suggested wants they take over?

Quote:

Originally Posted by cactiboss (Post 1556911)

Yeah go read her order, she never answered that question, here's what she said she could answer;

Sure she did, let me show you again.

"IT IS FURTHER ORDERED the Clerk of Court is directed to enter judgment in
favor of Defendant US Airline Pilots Association on Count I"

Quote:

Originally Posted by R57 relay (Post 1556915)

Sure she did, let me show you again.

"IT IS FURTHER ORDERED the Clerk of Court is directed to enter judgment in
favor of Defendant US Airline Pilots Association on Count I"

Never mind them. They are comfortable in their addiction. "Must send money to Marty. Must send money to Marty. Must send money to Marty." It a vicious vortex. It is hopeless. But not to worry, its a free country and lawyers need to eat too. :D

Quote:

Originally Posted by PurpleTurtle (Post 1556919)

I'm thinking of forming a LLC..........

These guys are crazy. I would suspect though the majority of donations will be drying up at AOL hq. Not everyone is going to read that decision and say. Ohhhhhh. We got DFR III. Opening up. Guys will prob. Sit back watch what happens finally, let a SLI take place. And from there they can see how far they have been harmed. Just as the 9th said it should work. The problem though is they voted to throw out the '07 TA. And go with a brand new shiny MOU. Making the TA. Obsolete because it was never finished.

Move on. It's done. You can file all you want.....it's going nowhere