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A New Idea for SLI Merger Arbitration Hearing


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A New Idea for SLI Merger Arbitration Hearing

Old 07-29-2014 | 05:57 AM
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Originally Posted by MayDaze
Everything is based off the "effective date" which is Dec. 9th 2013(I think?). The MOU has provisions to end the SLI process 24 months after the effective date.

I'm sure USAPA will find a way to stall it though.
I looked briefly at the filings in the DC court case. Personal opinion from a retired attorney. USAPA flied a junk tactical suit. The only purpose is to delay things. I would suspect to capture more attrition for the East pilots. This might not last as long due to standing issues. If the court throws out the suit it goes back to who has designated legal authority to decide things. I would suspect the reason for filing in DC is the attorney knows that court and it's operation. He will have an idea how much time it will buy (and being in his hometown cheaper on the client). If lucky the delay will last until USAPA dissolves, leaving the West with no one to sue (the strategic goal). Could be wrong but I don't think I am. USAPA would be liable to the West for this, but if they are out of business West is SOOL.

ETA- I don't do third grade banter so I won't be replying to irate shallow "fun and games".
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Old 07-29-2014 | 04:13 PM
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Originally Posted by SewerPipeDvr
I looked briefly at the filings in the DC court case. Personal opinion from a retired attorney. USAPA flied a junk tactical suit. The only purpose is to delay things. I would suspect to capture more attrition for the East pilots. This might not last as long due to standing issues. If the court throws out the suit it goes back to who has designated legal authority to decide things. I would suspect the reason for filing in DC is the attorney knows that court and it's operation. He will have an idea how much time it will buy (and being in his hometown cheaper on the client). If lucky the delay will last until USAPA dissolves, leaving the West with no one to sue (the strategic goal). Could be wrong but I don't think I am. USAPA would be liable to the West for this, but if they are out of business West is SOOL.

ETA- I don't do third grade banter so I won't be replying to irate shallow "fun and games".

I would think that if a protocol agreement is reached in mediation that starts next week, we will also see a global settlement between the APA and USAPA that will lead to the withdrawal of the lawsuits. Then it's on to finishing the JCBA, then the SLI. I think if they reach a protocol agreement, this thing will pick up speed and be finished quicker than most think... I don't see this dragging out for years as some seem to believe. Possibly early next year.

According to the MOU, the JCBA should be done by the middle of December at the latest. POR was 12-9-2013. APA had 120 days to file for single carrier. They filed 1-15-2014. The MOU estimated 6-8 months for a determination. That puts it between July 15th and Sept 15th. Using the outside estimate of Sept., we then negotiate for 30 days. That would end Oct. 15th. Then 60 days for arbitration puts the finished JCBA at Dec. 15th.

Then it's on to the SLI. I think with a protocol agreement in place, the sides may agree on a list or take it to arbitration. I personally think a lot of the list will be agreed upon. There will be a few sticking points that will be left for an arbitrator to decide. Either way, I'm betting we have a SLI early in 2015...
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Old 07-29-2014 | 04:36 PM
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Originally Posted by algflyr
I would think that if a protocol agreement is reached in mediation that starts next week, we will also see a global settlement between the APA and USAPA that will lead to the withdrawal of the lawsuits. Then it's on to finishing the JCBA, then the SLI. I think if they reach a protocol agreement, this thing will pick up speed and be finished quicker than most think... I don't see this dragging out for years as some seem to believe. Possibly early next year.

According to the MOU, the JCBA should be done by the middle of December at the latest. POR was 12-9-2013. APA had 120 days to file for single carrier. They filed 1-15-2014. The MOU estimated 6-8 months for a determination. That puts it between July 15th and Sept 15th. Using the outside estimate of Sept., we then negotiate for 30 days. That would end Oct. 15th. Then 60 days for arbitration puts the finished JCBA at Dec. 15th.

Then it's on to the SLI. I think with a protocol agreement in place, the sides may agree on a list or take it to arbitration. I personally think a lot of the list will be agreed upon. There will be a few sticking points that will be left for an arbitrator to decide. Either way, I'm betting we have a SLI early in 2015...
My contention all along. Some think USAPA will stall the SLI for years, but I don't think so. It will go to arbitration as there are several issues too complex for negotiation, so that won't be an issue of a few "sticking points". I've said summer-early fall 2015 for SLI completion and I still believe that.
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Old 07-29-2014 | 07:06 PM
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I've got my fingers crossed...
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Old 07-31-2014 | 08:35 PM
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I've got my fingers crossed...
And toes...
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Old 08-01-2014 | 03:25 AM
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Originally Posted by Mason32
And toes...
Agreed. Just a hunch... Think USAPA may be coming to the conclusion that they would be better off playing nice.
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Old 08-01-2014 | 03:37 AM
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Originally Posted by SewerPipeDvr
I looked briefly at the filings in the DC court case. Personal opinion from a retired attorney. USAPA flied a junk tactical suit. The only purpose is to delay things. I would suspect to capture more attrition for the East pilots. This might not last as long due to standing issues. If the court throws out the suit it goes back to who has designated legal authority to decide things. I would suspect the reason for filing in DC is the attorney knows that court and it's operation. He will have an idea how much time it will buy (and being in his hometown cheaper on the client). If lucky the delay will last until USAPA dissolves, leaving the West with no one to sue (the strategic goal). Could be wrong but I don't think I am. USAPA would be liable to the West for this, but if they are out of business West is SOOL.

ETA- I don't do third grade banter so I won't be replying to irate shallow "fun and games".
Their argument fails as badly as the same argument when it was used against them.
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Old 08-01-2014 | 07:05 AM
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Originally Posted by MayDaze
Everything is based off the "effective date" which is Dec. 9th 2013(I think?). The MOU has provisions to end the SLI process 24 months after the effective date.

I'm sure USAPA will find a way to stall it though.
Stall...? That is a an ignorant charge.

It is USAPA that petitioned the NMB to provide a list of arbitrators to begin SLI arbitration, pursuant to MB.

And in case you didn't notice, the NMB provided that list of arbitrators months ago (despite the APA argument opposing the NMB), pursuant to their obligation to do so according to MB.

It is the APA that has demonstrated an unwillingness to begin SLI arbitration. The APA has stalled at performing their obligations.
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Old 08-01-2014 | 07:11 AM
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Originally Posted by Al Czervik
Agreed. Just a hunch... Think USAPA may be coming to the conclusion that they would be better off playing nice.

The NMB is not run by idiots. (Mr. Daniel Rainey, Chief of Staff, National Mediation Board, agreed with the issuance of the list of arbitrators in April, and assembled the parties to his office on 23 July to suggest private mediation).

It should escape no one's notice...

The current parties to the NMB-suggested mediation are the same parties that received the NMB-issued list of arbitrators for MB arbitration.... and it is these same parties that will participate in MB arbitration, willingly or by court order.

Last edited by PurpleTurtle; 08-01-2014 at 07:21 AM.
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Old 08-03-2014 | 02:57 PM
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Originally Posted by PurpleTurtle
The NMB is not run by idiots. (Mr. Daniel Rainey, Chief of Staff, National Mediation Board, agreed with the issuance of the list of arbitrators in April, and assembled the parties to his office on 23 July to suggest private mediation).

It should escape no one's notice...

The current parties to the NMB-suggested mediation are the same parties that received the NMB-issued list of arbitrators for MB arbitration.... and it is these same parties that will participate in MB arbitration, willingly or by court order.
NMB is a joke. Bought and paid for lackeys. They run roadblock to using the RLA the way it was intended, to protect labor rights while preserving services. It's all been lost except the preserving services at all cost.
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