Go Back  Airline Pilot Central Forums > Airline Pilot Forums > Major > American
Protocol Agreement Reached per USAPA >

Protocol Agreement Reached per USAPA

Search

Notices

Protocol Agreement Reached per USAPA

Thread Tools
 
Search this Thread
 
Old 05-05-2014 | 11:13 AM
  #51  
Gets Weekends Off
 
Joined: Apr 2011
Posts: 1,967
Likes: 0
Default

Originally Posted by R57 relay
The Nic is not approved by USAPA, the MOU or Judge Silver.

You DO have a dog in this fight. Do you want the other side making decisions for you in this process? Most 3rd listers don't think USAPA listens to them, but I imagine your interests are more aligned with them than the APA.
There was only one legal document that ever affirmed the applicability of the Nic. It is now a legal nullity.
Reply
Old 05-05-2014 | 11:41 AM
  #52  
Al Czervik's Avatar
You scratched my anchor
 
Joined: Feb 2011
Posts: 5,127
Likes: 87
Default

Originally Posted by R57 relay
The Nic is not approved by USAPA, the MOU or Judge Silver.

You DO have a dog in this fight. Do you want the other side making decisions for you in this process? Most 3rd listers don't think USAPA listens to them, but I imagine your interests are more aligned with them than the APA.
No dog in the fight with the lists.
Reply
Old 05-05-2014 | 11:44 AM
  #53  
Banned
 
Joined: Apr 2008
Posts: 3,240
Likes: 0
Default

Originally Posted by PurpleTurtle
There was only one legal document that ever affirmed the applicability of the Nic. It is now a legal nullity.
Really? Show me where the Nic. was nullified? If anything Silver said the only reason usapa escaped dfr by the "slimmest" of margins is that they hadn't yet replaced the Nic.
Reply
Old 05-05-2014 | 12:49 PM
  #54  
Gets Weekends Off
 
Joined: Apr 2011
Posts: 1,967
Likes: 0
Default

Originally Posted by cactiboss
Really? Show me where the Nic. was nullified? If anything Silver said the only reason usapa escaped dfr by the "slimmest" of margins is that they hadn't yet replaced the Nic.
You still deny the 9th declared an implicit assumption is inadequate to implement the Nic. You will never get a court to enforce an arbitration award. Never. Courts only enforce contracts that stipulate an obligation to use an arbitration award.

Rather than implicit assumptions, show us one enforceable contract that requires anyone to use the Nic. Just one. The court cannot ever provide you your dreams without it. That fight is so over.
Reply
Old 05-05-2014 | 01:07 PM
  #55  
Line Holder
 
Joined: May 2005
Posts: 1,557
Likes: 31
From: B777/CA retired
Default

Originally Posted by flybywire44
What did USAPA renege on with APA?
The MOU/MTA. Read the court documents. It's spelled out quite clearly.

I will have representation in a few months. It will be from the APA, I haven't had representation in 7 years. I will cheer the fact that my interests will be upheld in obtaining a seniority integration that will not be held hostage by spoiled children who blame everyone else but themselves for their problems.

You really want to get this done, Relay? Get your buddies to stop throwing crap out there and get on with integration. All USAPA is doing is delaying this by a couple of months. When SCS is declared USAPA will cease to be US Airways bargaining agent. You guys can then fund your own battle, we out west will be done.

The APA laid out in the declaration that each side will be represented by their own people. The APA will be like ALPA national, they have a duty to ensure that the seniority integration is done on a stand alone basis with each side arguing before the arbitrators.
Reply
Old 05-05-2014 | 01:14 PM
  #56  
Banned
 
Joined: Jun 2008
Posts: 8,350
Likes: 0
Default

Originally Posted by R57 relay
Do you realize that the "facts" are those as certain lawyers see them, right?
No, those are assertions. The "facts" will be determined by neutral parties as those are what we will ultimately live with, i.e. our reality.

Originally Posted by R57 relay
That said, when this became a dispute I thought it would be decided by the arbitration procedures spelled out in the MOU as the company and APA are claiming. I didn't see this lawsuit coming and wouldn't be surprised if USAPA lost. Even it they do, and we go to arbitration as per the MOU, that arbitrator could decide that USAPA retains is rights under MB, right?
USAPA is disputing what it agreed to after it agreed to it. Essentially, one could argue they are disagreeing with themselves. It is EXACTLY what they did (as an ALPA majority) when they agreed to roll the dice with their last SLI arbitration under the auspices of the NMB and then disliked the result. The MOU specifically envisions USAPA dissolving prior to completion of SLI. If only APA exists as the sole bargaining agent, it will be them that bears the burden of DFR ensuring that all pilots interests are fairly represented. The NMB arbitrators in that case are not tasked with determination or declaration of who is a bargaining representative, that is up to the pilots prior to that. APA will be declared that as a result of a majority not unlike how the East did that overthrowing ALPA and birthing USAPA. It's essentially history repeating itself, just with USAPA loafer on the other foot this time and now they don't like the fit.

If only they didn't agree to the MOU with that clear and present expectation. Of course had they done that, they would have gotten the pay and pension bumps. I don't think in this case, they can have their cake and eat it too.......at least not the frosting.
Reply
Old 05-05-2014 | 01:16 PM
  #57  
Line Holder
 
Joined: May 2005
Posts: 1,557
Likes: 31
From: B777/CA retired
Default

These USAPA advocates remind me of a fish flopping in the boat after its been landed. Still moving but the end is near.
Reply
Old 05-05-2014 | 01:23 PM
  #58  
Banned
 
Joined: Jun 2008
Posts: 8,350
Likes: 0
Default

Originally Posted by flybywire44
What did USAPA renege on with APA?
The clear and present expectation to step aside at some point prior to SLI completion. It's spelled out in black and white in the MOU. I keep dodging Usapian moon rocks from you and others claiming I haven't read the MOU, but I've come to the conclusion many of you either haven't yourselves or have and are just in deep, deep denial. The multiple rationalizations that I've heard for USAPA to justify side-stepping the MOU that they agreed to don't negate the basic premise above. It's there, USAPA agreed to it and that's that.

That's not to be confused with having your own negotiators representing your interests, just that USAPA as a recognized, certified union will not be in existence. If USAPA thought that their demise prior to SLI was unfair, unacceptable or undesirable, their responsibility was to decline to sign the MOU. They didn't. End of story.
Reply
Old 05-05-2014 | 02:40 PM
  #59  
Flies With The Hat On
 
Joined: Aug 2006
Posts: 1,339
Likes: 0
From: Right of the Left Seat
Default

USAPA and APA are mutually at odds over USAPA have it's own meter committee.

Both are mutually responsible for the SLI delay.

USAPA is invoking MCB, and the NMB is proceeding.
Reply
Old 05-05-2014 | 02:50 PM
  #60  
Banned
 
Joined: Jun 2008
Posts: 8,350
Likes: 0
Default

Originally Posted by flybywire44
USAPA and APA are mutually at odds over USAPA have it's own meter committee.

Both are mutually responsible for the SLI delay.

USAPA is invoking MCB, and the NMB is proceeding.
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Wiskey Driver
American
6
02-28-2014 01:23 PM
newcfii
Regional
16
01-14-2014 07:32 AM
Snarge
United
57
02-12-2013 06:33 AM
cactiboss
Major
198
11-03-2012 01:52 PM
Brocc15
Major
942
05-25-2012 05:31 AM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices