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Old 02-03-2014, 09:44 AM
  #21  
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Originally Posted by Wiskey Driver View Post
Right because you never ever placed a list on the table to compare but now you must do so. The comparison will be made here once you do and you have no choice but to place something on the table. Now all you have to do is put is in a worst position and you get to see that inside of a court room again. No reason to be all mad and yelling.

WD at AWA
No they don't have to, they have to place the listS in effect on the table, as it says in the document that we agreed to.

I'm not mad or yelling, simply expanding certain text so that maybe you will get a clue.

You were right about one thing, this isn't over. There are cards to be played and the biggest question is what are the company and APA going to do. I can't see why they would do anything other than comply with the MOU that Judge Silver said wasn't a DFR and keep their hands clean. But, we know how management and pilots are.
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Old 02-03-2014, 09:44 AM
  #22  
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Originally Posted by Wiskey Driver View Post
Ok if you say so but could you please for the entire class show us where in the MOU it states that "west pilots by signing this document you agree to abandon your rights to the NIC award"??????

Still waiting

WD at AWA
You moron, I showed you what the agreement said. You filed a lawsuit over the abandonment of the Nic and lost.

Now, show me those super duper Kirby rates, or admit you pulled them from your rear. Or AOL's rear.
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Old 02-03-2014, 09:55 AM
  #23  
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Originally Posted by R57 relay View Post
You moron, I showed you what the agreement said. You filed a lawsuit over the abandonment of the Nic and lost.

Now, show me those super duper Kirby rates, or admit you pulled them from your rear. Or AOL's rear.
I can be all the names in the world that makes you feel better about who you. Oh you did? Where was the section that stated that by signing the west agrees to abandon their rights to the NIC?? I didnt see that part, point it out please! Just cut and paste FROM THE MOU...

You really need to learn to read man because I can see that reading comp is not a strong suit of yours.
WD at AWA
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Old 02-03-2014, 11:46 AM
  #24  
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Originally Posted by R57 relay View Post
You moron, I showed you what the agreement said. You filed a lawsuit over the abandonment of the Nic and lost.

Now, show me those super duper Kirby rates, or admit you pulled them from your rear. Or AOL's rear.
Why so angry? You won, just enjoy it.
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Old 02-03-2014, 01:03 PM
  #25  
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Originally Posted by Wiskey Driver View Post
If you really look at this objectively you can see that the company and APA are doing what is necessary to remove usapa (the east) from the process due to the fact that they are completely unreasonable and unrealistic. APA need not file a DFR because they will be in control of the process. The east (usapa) wishes to pass on to APA their liability. The fastest way to end this and make sure we dont end up back before a court is to use the NIC in the SLI process. The east can huff and puff all they want but they have no case and never did. The Nic placed everyone fairly and they agreed to this process PRIOR anyway.

The use of the NIC in SLI will make sure we stay out of court, dont use it and we are back in federal court.

WD at AWA
I was referring to the possibility of Leo filing DFR against APA if they don't agree to accept the Nic during negotiations with East "representatives" or present the Nic to the arbitrator, if those fail. If USAPA doesn't exist by the time the actual SLI negotiations begins and APA is then the only bargaining agent at the point, who can Leo sue for DFR ?

It would seem only APA and as the TWA suit showed, that could take years. Could Leo file an injunction to stop the process until the Nic issue is resolved ?

If they can, could Parker, the NMB or anyone else override that and/or disregard a judges order for injunction ?

Again, that's why I think perhaps the West reps bailed. If they agree to continue the process agreeing that the Nic doesn't have to be considered, that would seem to undermine any future legal argument for its consideration in the future. To continue, they could be slitting their own throats for future legal challenge.
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Old 02-03-2014, 01:19 PM
  #26  
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Originally Posted by eaglefly View Post
I was referring to the possibility of Leo filing DFR against APA if they don't agree to accept the Nic during negotiations with East "representatives" or present the Nic to the arbitrator, if those fail. If USAPA doesn't exist by the time the actual SLI negotiations begins and APA is then the only bargaining agent at the point, who can Leo sue for DFR ?

It would seem only APA and as the TWA suit showed, that could take years. Could Leo file an injunction to stop the process until the Nic issue is resolved ?

If they can, could Parker, the NMB or anyone else override that and/or disregard a judges order for injunction ?

Again, that's why I think perhaps the West reps bailed. If they agree to continue the process agreeing that the Nic doesn't have to be considered, that would seem to undermine any future legal argument for its consideration in the future. To continue, they could be slitting their own throats for future legal challenge.
You get it. All I would argue is that the apa becomes responsible for dfr to the west the second they take over. Very simple way of avoiding any lawsuits is to provide a fair process that is inclusive of the wests claims to the Nic and let a neutral party decide
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Old 02-03-2014, 01:45 PM
  #27  
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Originally Posted by Wiskey Driver View Post
Right because you never ever placed a list on the table to compare but now you must do so. The comparison will be made here once you do and you have no choice but to place something on the table. ...
WD at AWA
No wonder your lawyers are fleecing you guys. You have no appreciation for accuracy in words. You are gullible.

Silver stated her assumption that there exists a DFR standard of comparing a list to the Nic. (She played you like a fiddle. There is no basis in law for her to find anyone guilty of a DFR based on a comparison to the Nic. A union's standard of DFR is "wide range of reasonableness, set by the SCOTUS. ) Silver's little word play in her dicta sandbox makes for great political pandering, because it is free from any review, affirmation, or dismissal in any appeals process. It is meaningless, except to AOL, Ferggie, Kontz, and Marty.... to get suckers to donate more money.

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Old 02-03-2014, 01:48 PM
  #28  
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Originally Posted by eaglefly View Post
I was referring to the possibility of Leo filing DFR against APA if they don't agree to accept the Nic during negotiations with East "representatives" or present the Nic to the arbitrator, if those fail. ....
Name one document that requires anyone, especially the APA, to use the Nic ever.. just one.
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Old 02-03-2014, 01:49 PM
  #29  
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Originally Posted by cactiboss View Post
You get it. All I would argue is that the apa becomes responsible for dfr to the west the second they take over. Very simple way of avoiding any lawsuits is to provide a fair process that is inclusive of the wests claims to the Nic and let a neutral party decide
So then, what is APA's SPECIFIC DFR to the west ? If negotiations fail, what does the sole collective bargaining representative (APA) argue as ITS position in arbitration ?

They have to have SOME position to present to the arbitrators as to what THEY believe is "fair and equitable" and "preserves career expectations". If they present a position not specifically supporting the Nic or that is not in accordance with it, but allow it to be presented by others for consideration and remain neutral, does that meet Leo's needs or does Leo require APA to support the Nic specifically and file DFR against APA right then the minute they indicate they will not directly support the Nic ?

If Leo accepts simple neutral presentation to the arbitrator by APA of the Nic, but after SLI award the result isn't the Nic, does Leo go after APA after the fact for not specifically supporting it due to the result ?

I'm trying to figure out what Leo expects APA to directly do in regards to the Nic and thus the likelihood of constipating the SLI process.
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Old 02-03-2014, 01:56 PM
  #30  
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Originally Posted by PurpleTurtle View Post
Name one document that requires anyone, especially the APA, to use the Nic ever.. just one.
I haven't sifted through Silvers rulings or Leo's claims to be able to do that, nor is it worth my effort. The point is, ANYONE can file a lawsuit and seek an injunction of a process until resolution, even if that resolution is rejection of the injunction and that takes time. Another consideration is, what potential jeopardy dies APA believe themselves to be in, in this situation. I'm not saying you're wrong and you very well may be right, but the ultimate outcome is only one concern. The time it takes to get there is another and the expense and hassle are still more concerns.

USAPA gummed up your last SLI quite successfully and my questions revolve around how well Leo can do exactly the same with this SLI.
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