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-   -   USAPA coast amendment fails (https://www.airlinepilotforums.com/american/80469-usapa-coast-amendment-fails.html)

fr8tmastr 03-22-2014 12:14 PM


Originally Posted by cactiboss (Post 1608148)
That's not what she ruled, but u beasties go on dreaming

Dreaming? my post is saying that the East pilots are being sold out again.

I keep reading post after post how the West pilots are just so happy that the East will not be at the table after single carrier. Are you now saying that is not the case. Or is it really that you are so spring loaded to spew vile against anything East that you didnt bother actually reading any of my post or Silver's ruling. Heck I would have thought with all of Silver's spewing against the East you would have had it framed.

cactiboss 03-22-2014 12:39 PM


Originally Posted by fr8tmastr (Post 1608155)
Dreaming? my post is saying that the East pilots are being sold out again.

I keep reading post after post how the West pilots are just so happy that the East will not be at the table after single carrier. Are you now saying that is not the case. Or is it really that you are so spring loaded to spew vile against anything East that you didnt bother actually reading any of my post or Silver's ruling. Heck I would have thought with all of Silver's spewing against the East you would have had it framed.

no doubt you easties are the most despised in the industry not only by the west but by the company apa etc. Now pay close attention, no one said the east wouldn't be at the table, what we are saying is usapa won't be at the table. Without your scum union ( the worst to ever see the light of day) we can put our dispute forward in front of neutral arbitrators. Something you and every east think is getting "screwed".

fr8tmastr 03-22-2014 08:37 PM


Originally Posted by cactiboss (Post 1608178)
no doubt you easties are the most despised in the industry not only by the west but by the company apa etc. Now pay close attention, no one said the east wouldn't be at the table, what we are saying is usapa won't be at the table. Without your scum union ( the worst to ever see the light of day) we can put our dispute forward in front of neutral arbitrators. Something you and every east think is getting "screwed".

Why did I bother? I would have been better off speaking to a 3 year old.
Have a nice day

flybywire44 03-22-2014 10:46 PM


Originally Posted by cactiboss (Post 1608178)
Quote:





Originally Posted by fr8tmastr


Dreaming? my post is saying that the East pilots are being sold out again.

I keep reading post after post how the West pilots are just so happy that the East will not be at the table after single carrier. Are you now saying that is not the case. Or is it really that you are so spring loaded to spew vile against anything East that you didnt bother actually reading any of my post or Silver's ruling. Heck I would have thought with all of Silver's spewing against the East you would have had it framed.




no doubt you easties are the most despised in the industry not only by the west but by the company apa etc. Now pay close attention, no one said the east wouldn't be at the table, what we are saying is usapa won't be at the table. Without your scum union ( the worst to ever see the light of day) we can put our dispute forward in front of neutral arbitrators. Something you and every east think is getting "screwed".

You are basing this off of what legal history?

APA argues that it will be the post-merger certified collective bargaining representative of the merged carrier, but it will not displace the authority of USAPA's Merger Committee as pre-merger bargaining representative.

Why?

Well, MCB guarantees USAPA the right to Allegheny-Mohawk labor protective provisions sections 3 and 13. This allows USAPA to submit any dispute to arbitration 20 days after the dispute arises regardless or any pre-agreement such as an MOU. This will not change post Single Transportation System.

TWA actually had the exact language of Allegheny-Mohawk LPP sections 3 & 13 incorporated into their CBA, but APA forced TWA to waive these provisions (under threat of liquidation) in exchange for APA's "reasonable best efforts" to represent TWA pilots in SLI.

Going forward, MCB protections cannot be waived in this merger voluntarily by APA and/or USAPA.

So boss of Cacti, know that MCB specifically addresses APA's last strategy for SLI. APA is without originality in attempting this again. We can't blame APA for trying. After all, APA's lawyers need billable hours just like AOL lawyers... Right?

So, USAPA has already submitted the merger protocol agreement to arbitration through the MCB guaranteed process of Allegheny-Mohawk. The Civil Aeronautics Board AM LLP sections 3 and 13 via MCB give pre-merger unions the right to pursue fair and equitable
seniority integration on behalf of their pre-merger pilots throughout the SLI process.

This being the case, I am shocked that West pilots acted to recall GH and SB only to recall the BPR, and give GH/SB the keys to the USAPA merger committee. Is there any logic here?!?! DFRs don't reorder seniority lists after they're determined.

Get you heads out of the sand, and don't shoot the messenger!

GrapeNuts 03-23-2014 06:31 AM


Originally Posted by flybywire44 (Post 1608461)
You are basing this off of what legal history?

APA argues that it will be the post-merger certified collective bargaining representative of the merged carrier, but it will not displace the authority of USAPA's Merger Committee as pre-merger bargaining representative.

Why?

Well, MCB guarantees USAPA the right to Allegheny-Mohawk labor protective provisions sections 3 and 13. This allows USAPA to submit any dispute to arbitration 20 days after the dispute arises regardless or any pre-agreement such as an MOU. This will not change post Single Transportation System.

TWA actually had the exact language of Allegheny-Mohawk LPP sections 3 & 13 incorporated into their CBA, but APA forced TWA to waive these provisions (under threat of liquidation) in exchange for APA's "reasonable best efforts" to represent TWA pilots in SLI.



This being the case, I am shocked that West pilots acted to recall GH and SB only to recall the BPR, and give GH/SB the keys to the USAPA merger committee. Is there any logic here?!?! DFRs don't reorder seniority lists after they're determined.

Get you heads out of the sand, and don't shoot the messenger!

Page 41 of Siegel's response answers your incorrect assumption regarding McCaskill-Bond:

48. The MOU Seniority-Integration Process is far more detailed, and contains many
more safeguards and protections for both the employees and the carriers than are contained in Allegheny-Mohawk Sections 3 and 13 (quoted in full at Paragraphs 24-25, supra). As a result, the MOU “allow[s] for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions” within the meaning of 49 U.S.C § 42112, note § 117(a)(2).
49. Because the MOU satisfies the requirements of 49 U.S.C § 42112, note § 117(a)(2), the general requirement under McCaskill-Bond to integrate employee seniority lists according to Sections 3 and 13 of the Allegheny-Mohawk LPPs is inapplicable to the
US Airways/American pilot seniority integration. "

justjack 03-23-2014 04:52 PM

The most interesting thing about the company's involvement is that unlike the last merger, they want this seniority issue to be resolved sooner rather than later. The take away is two parts- one the company must think this is better for them and two, ALWAYS get your money up front when bargaining with Doug Parker. Never do anything on good faith. ( and please - I am talking strictly about contract negotiations save any the rhetoric on THE NIC)

SewerPipeDvr 03-24-2014 06:43 AM


Originally Posted by GrapeNuts (Post 1608547)
Page 41 of Siegel's response answers your incorrect assumption regarding McCaskill-Bond:

48. The MOU Seniority-Integration Process is far more detailed, and contains many
more safeguards and protections for both the employees and the carriers than are contained in Allegheny-Mohawk Sections 3 and 13 (quoted in full at Paragraphs 24-25, supra). As a result, the MOU “allow[s] for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions” within the meaning of 49 U.S.C § 42112, note § 117(a)(2).
49. Because the MOU satisfies the requirements of 49 U.S.C § 42112, note § 117(a)(2), the general requirement under McCaskill-Bond to integrate employee seniority lists according to Sections 3 and 13 of the Allegheny-Mohawk LPPs is inapplicable to the
US Airways/American pilot seniority integration. "

From a legal standpoint this is correct. I don't know who on here is East or West, but I told R57 Relay months ago Siegal would win this. I guess some don't or would not believe me. Main difference between East/West is no agreement so a standstill. For APA/USAPA there was an agreement. I think USAPA had to get the money in pocket or the members would revolt. So they agreed to a deal with the idea of a Hail Mary to keep the West at bay and to stay in the game. I have said before the Arbitrators would not punish the East for the NIC. I think this attempt will fail and it will go back to the Executive bureaucrats. Now those guys will be POed at the attempt to take away their power and reason for existence. They will punish just like a damned IRS *******. I am sure USAPA would never permit ALPA to stay around to rep the West after they became CBA. Do you really expect the APA to do differently with the East?

cactiboss 03-24-2014 07:29 AM


Originally Posted by SewerPipeDvr (Post 1609123)
Do you really expect the APA to do differently with the East?

Yes they do. Arbitration, contracts, laws etc. only apply to them if they like them.

DCA A321 FO 03-24-2014 07:37 AM


Originally Posted by cactiboss (Post 1608178)
no doubt you easties are the most despised in the industry...

Newsflash, the majority of the people in the industry don't give a rats ass about our squabble and don't pay attention.

cactiboss 03-24-2014 08:11 AM


Originally Posted by DCA A321 FO (Post 1609148)
Newsflash, the majority of the people in the industry don't give a rats ass about our squabble and don't pay attention.

That's true but it doesn't mean they don't know what you have done.


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