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Old 02-04-2014, 06:04 AM
  #41  
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Does anybody understand why whiskey driver feels obligated to call everyone "son"?
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Old 02-04-2014, 06:12 AM
  #42  
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Originally Posted by Saabs View Post
Does anybody understand why whiskey driver feels obligated to call everyone "son"?
In an internet environment it is usually used to try to convey that the poster is a good bit older/more experienced than he/she actually is in an attempt to gain validity to what they post.

Not saying that is what he/she is doing...just pointing out the most common use of such terms on the internet. Some interesting studies being done on the subject of social media in the last few years.
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Old 02-04-2014, 07:51 AM
  #43  
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Originally Posted by A321 View Post
No, it's not hard to say what they want. They (like most humans) want something sensible, and fair.

Is the Nic sensible and fair?

Nope.

…according to the majority of US Air pilots, Judge Silver, APA, the company, McCaskill Bond ….pretty much everyone except "WD at AWA" and "Cactiboss" have realized that the Nic was an unfair seniority leap frog gain.
Ummmmm, actually Judge Silver said the opposite. She said USAPA doesn't have to use the Nic, but there's nothing wrong with using the Nic. The courts have ruled it's a valid list, it's just not a DFR yet, because USAPA hasn't not used the list. I think this is where a lot of east pilots just read/hear what they want. The courts have told USAPA repeatedly they don't have to use the Nic, BUT anything less than the Nic for the west pilots and the liable party is on dangerous ground. This is one BIG reason that the APA is hesitant to let USAPA throw the west in the closet and decide seniority on their own. Will it be the Nic? I don't know, but I haven't read one valid post on here explaining how it won't be.
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Old 02-04-2014, 08:42 AM
  #44  
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"Turning to the present case, the West Pilots claim USAPA breached its duty of fair representation by “abandoning the existing obligation to use the Nicolau Award.” (Doc. 267 at 11). For present purposes, the Court will assume such an obligation existed. Therefore, the question is whether USAPA had a legitimate union purpose for that abandonment. As mentioned earlier, this would be an easier inquiry if USAPA had abandoned the Nicolau Award in favor of a different seniority regime. The Court could then comparetheNicolau Award to thenew seniorityregimeand evaluateUSAPA’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.Thus,theonly question the Court can answerat this time is whether USAPA had a legitimate union purpose for entering into the MOU. It did."

Did you miss all of that? Using the Nic would violate the MOU. USAPA will not use it. I can't say whether the APA and the company will try to use it, but that will certainly lead to a hybrid DFR. The only was to avoid a DFR is for everyone to use the MOU and let USAPA handle the US list, that way the APA 's hands are clean.
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Old 02-04-2014, 08:44 AM
  #45  
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Originally Posted by Wiskey Driver View Post
Well to pull a page from the east MEC, DO YOU HAVE THIER WORD IN WRITING???????? We always put things like that in a resolution.

WD at AWA

I know it will be hard, but try to think logically fir just a second. Would they have ever been put on the merger committee if they said "Nic or death! " in their interview?
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Old 02-04-2014, 08:46 AM
  #46  
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Originally Posted by cactiboss View Post
from what I understand the bolded part is correct as it allows the MB process to decide the east west list as spelled out in the mou.
The MOU does not spell out an east /west list. It specifically says there won't be one, just as Judge Silver repeated to you.
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Old 02-04-2014, 08:50 AM
  #47  
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Originally Posted by Saabs View Post
Does anybody understand why whiskey driver feels obligated to call everyone "son"?
Dunno, but crazy patronizing, and not going to win friends or influence people.

There's GOT to be an answer. The West blames the East for not giving the Nic a big hug, but that's like hugging an Arizona cactus.

For the West guys - simple question... is it fair that a 2003 West pilot is placed ahead of a 1987 East pilot who has been flying continuously from that year?

If by some twisted magic an AA new hire was plugged into our seniority list sixteen years advanced, you'd have a mutiny.
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Old 02-04-2014, 08:58 AM
  #48  
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Originally Posted by R57 relay View Post
"Turning to the present case, the West Pilots claim USAPA breached its duty of fair representation by “abandoning the existing obligation to use the Nicolau Award.” (Doc. 267 at 11). For present purposes, the Court will assume such an obligation existed. Therefore, the question is whether USAPA had a legitimate union purpose for that abandonment. As mentioned earlier, this would be an easier inquiry if USAPA had abandoned the Nicolau Award in favor of a different seniority regime. The Court could then comparetheNicolau Award to thenew seniorityregimeand evaluateUSAPA’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.Thus,theonly question the Court can answerat this time is whether USAPA had a legitimate union purpose for entering into the MOU. It did."

Did you miss all of that? Using the Nic would violate the MOU. USAPA will not use it. I can't say whether the APA and the company will try to use it, but that will certainly lead to a hybrid DFR. The only was to avoid a DFR is for everyone to use the MOU and let USAPA handle the US list, that way the APA 's hands are clean.
Once again, you're reading what you want into that. Like i said, no list yet, liability is still there. Why do you think the company and APA want the west to have a seat? Think about it. It doesn't have to be the Nic, but no matter how complex the final list is, the liability is still there if the Nic is not used and the west not properly represented. How many warnings from judges is it going to take?
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Old 02-04-2014, 11:26 AM
  #49  
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Originally Posted by ForeverFO View Post
Dunno, but crazy patronizing, and not going to win friends or influence people.

There's GOT to be an answer. The West blames the East for not giving the Nic a big hug, but that's like hugging an Arizona cactus.

For the West guys - simple question... is it fair that a 2003 West pilot is placed ahead of a 1987 East pilot who has been flying continuously from that year?

If by some twisted magic an AA new hire was plugged into our seniority list sixteen years advanced, you'd have a mutiny.
The east asks that question all the time and the problem is they pushed it to arbitration by trying to staple a younger pilot group using DOH. The policy of both of our unions at the time of the merger was career expectations. The arbitrator couldn't ignore that and his ruling was correct. Do i think personally if it's fair? I think the policy was flawed because it didn't put any value on their LOS or consider the amount of value US brought to the table. The arbitration was done correctly though.
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Old 02-04-2014, 12:09 PM
  #50  
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Originally Posted by 70Espada View Post
Once again, you're reading what you want into that. Like i said, no list yet, liability is still there. Why do you think the company and APA want the west to have a seat? Think about it. It doesn't have to be the Nic, but no matter how complex the final list is, the liability is still there if the Nic is not used and the west not properly represented. How many warnings from judges is it going to take?

You have been one of the more reasonable west posters but take the Nic goggles off man!

I'm not reading anything into it, I'm simply reading. You team filed the lawsuit claiming that USAPA failed it's DFR by agreeing to the MOU that abandoned the Nic. Your claim. Judge Silver ruled that they did not. That's the 3rd loss in a row.
How many rulings do you need?

AOL keeps pinning it's hopes on catchphrases. LUP, remember that? Judge Silver told your lawyer in first hearing that USAPA had one and what it was. I showed cacti and WD where she said. They didn't listen.

But you have a big win. You prevented them from implementing an East /West DOH list.

The West HAS to have representation. How is the question. I'm thinking that USAPA should give you your own committee, but have you really thought out all the repercussions of that? Do you really want to be completely separate from us? Remember all the rhetoric back in 2005 about the past not counting for anything?

Blindly following AOL has cost you guys tons and if you continue to it may cost you more.
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