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Old 01-28-2014 | 11:41 AM
  #231  
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Originally Posted by R57 relay
If the mess with the MOU they will get a DFR from one side or another. Go by the MOU, their hands are clean.
Nobody will F with the MOU. Plenty will dance and pontificate about F-ing with the MOU, but no one will actually F with it. The threshold to prove breach of a contract is much lower than proving a DFR, and neither the company nor APA will actually F that up. In the course of negotiations they will threaten, bluff, and squeal, but they will follow the contract..... Just like Judge Silver threatened, bluffed, and squealed.... all the way up to where she followed the law and found the DFR claim to be without merit.

AOL will bluff, threaten, and squeal...and magnify same of others, all to increase the gravy train donations, but in the end it will be a three way via relative position, and everyone will claim "the other guys lost."
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Old 01-28-2014 | 12:45 PM
  #232  
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Originally Posted by Sweatsock
As you say, there are two ways to looking at everything. Thus the 9 year stalemate and the reason that 3 lists going into the APA merger is probably the only way out.
Perhaps. But I would thing the only way out of this dispute between east and west is an arbitration. That would keep American out of it totally. Then when one list is finally decided between east and west maybe the integration can proceed unfettered.
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Old 01-28-2014 | 12:52 PM
  #233  
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Originally Posted by Puros
Perhaps. But I would thing the only way out of this dispute between east and west is an arbitration. That would keep American out of it totally. Then when one list is finally decided between east and west maybe the integration can proceed unfettered.
We have a deal with the MOU-ratified by the majority of US pilots. A Federal judge said that contract was not a DFR. No need to have another arbitration. Would you be advocating a arbitration had Judge Silver ruled in your favor?
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Old 01-28-2014 | 01:06 PM
  #234  
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Originally Posted by Sweatsock
The following is why we cannot get a single list for USAirways:

None of the above mentioned east guys were furloughed and most had never been furloughed. The above figures do not count the east pilots that were furloughed in 2005 (date of merger and list used for the NIC)



Sad part is that we should have been able to come to the table years ago and find a middle of the road solution. But the east ALPA had some hard nosed DOH only types on the mec early on, and once the NIC award was published the west has refused to say anything except "NIC is it"

Stalemate.
Interesting stats. I agree that it is sad that we couldn't come up with another solution.

One thing-Nic didn't use the seniority list from 2005. He used a cleaned up list from 2007. That had pros and cons for both sides. For the east is got rid of guys that had retired and moved some up. But, by 2007 the east had retired or returned about twice the hulls the west did. Even with that, the east had recalled approx 300 pilots. BUT, Nicolau didn't count them, they were the only group held to their 2005 status.

Too bad Nicolau didn't listen to Brucia.
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Old 01-28-2014 | 01:23 PM
  #235  
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Originally Posted by R57 relay
We have a deal with the MOU-ratified by the majority of US pilots. A Federal judge said that contract was not a DFR. No need to have another arbitration. Would you be advocating a arbitration had Judge Silver ruled in your favor?
Arbitrations are how disputes are handled. I have been through two civil disputes in my job and arbitration is how contract disputes are handled.
Are you saying APA can just come up with their own list?
Besides, American didn't merge with America West. American merged with US Airways. Once US gets their list they can merge it into American. As an outsider, that is the most logical way of handling your problem. It keep APA totally out of the east and west dispute.
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Old 01-28-2014 | 01:27 PM
  #236  
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Originally Posted by PurpleTurtle
Nobody will F with the MOU. Plenty will dance and pontificate about F-ing with the MOU, but no one will actually F with it. The threshold to prove breach of a contract is much lower than proving a DFR, and neither the company nor APA will actually F that up. In the course of negotiations they will threaten, bluff, and squeal, but they will follow the contract..... Just like Judge Silver threatened, bluffed, and squealed.... all the way up to where she followed the law and found the DFR claim to be without merit.

AOL will bluff, threaten, and squeal...and magnify same of others, all to increase the gravy train donations, but in the end it will be a three way via relative position, and everyone will claim "the other guys lost."
You saying the apa can't modify the mou? You better check the case law you have created.
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Old 01-28-2014 | 01:45 PM
  #237  
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Originally Posted by cactiboss
You saying the apa can't modify the mou? You better check the case law you have created.
Change the MOU...

You are starting to figure it out. For APA to do something other than what is contained in the terms of the MOU... They must change the MOU... And they can do that via renegotiating the MOU, and getting it ratified by all the members.. Maybe even by 98%!!

And if they do that then a DFR suit will not prevail, as you have proven.

... And the Nic would survive all of those changes since the 2005 TA exactly how???
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Old 01-28-2014 | 03:09 PM
  #238  
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Originally Posted by Puros
Arbitrations are how disputes are handled. I have been through two civil disputes in my job and arbitration is how contract disputes are handled.
Are you saying APA can just come up with their own list?
Besides, American didn't merge with America West. American merged with US Airways. Once US gets their list they can merge it into American. As an outsider, that is the most logical way of handling your problem. It keep APA totally out of the east and west dispute.
What dispute?
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Old 01-28-2014 | 03:35 PM
  #239  
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Originally Posted by R57 relay
What dispute?
AWA and US couldn't agree on a seniority list...
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Old 01-28-2014 | 03:37 PM
  #240  
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Originally Posted by R57 relay
What dispute?
Very good point- there really will no longer be a dispute once the APA takes over as a union. At least, that's how I see it. Did the company and Alpa actually approve of the Nicolau list?
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