Airline Pilot Central Forums - A New Idea for SLI Merger Arbitration Hearing

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[QUOTE=SewerPipeDvr;1701248

A few seem to misunderstand what is going on. Even if the NIC is dead and gone (which I believe it is) does NOT mean damages/DFR goes away,too. The DFR is for the period covered by what would have been the NIC. Agreed to by the East even if they vote ALPA [/QUOTE]

No contract - no list. Never got a contract.

As agreed to ( and insisted upon ) by the West.

All this has been dragged before the courts twice in DFR 1 ( loss ) and DFR 2 ( withdrawn ).

Quote:

Originally Posted by Gomerglideslope (Post 1701316)

it is hard to determine if you truly believe this nonsense, or have just spent such an inordinate amount of key strokes spouting it that it has become gospel for you. However, the rest of the non-usapa universe saw you agree to "binding arbitration"...then when the time came to honor your word, well, we saw what your word was worth.

Your ability to speak for the non-USAPA universe is quite impressive. :cool:

What we contractually agreed to (both East and West) was to use a Nicolau Arbitration Award as the ISL, if and only if certain subsequent contingencies occurred... triggering events if you will.

Those contingent conditions never happened. They never will.

The contingencies were agreed to at the insistence of the West pilots who wanted to have a veto authority in order to provide them leverage to negotiate further in the event Nicolau messed up too much, in the opinion of a majority of the line pilots.

The West's only legal mistake was assuming that those contractual contingent conditions didn't really matter.

It was a costly assumption.

Quote:

Originally Posted by R57 relay (Post 1701101)

Interesting view.

Could you add a little background, so as to get a clearer picture of why you come to this conclusion? Are you, or someone close to you an east or west US pilot? Do you have a background in law or arbitration?

Why would an arbitrator use a seniority list that has never been used and that one that the conditions for using it will never be met?

I'm not saying you're wrong, I don't know, but I just don't see it.
."

To answer your questions, I am not a USAirways, AWA or AA pilot. I work for another major. That said my father in law is a retired lawyer who conducts arbitrations in Texas. He and I had a discussion about your case and he was of the opinion I posted earlier.

Quote:

Originally Posted by Xray678 (Post 1701493)

Thanks, that helps. Does your Dad realize that we ALL entered into a contract that abandoned that arbitration and a federal judge ruled that the abandonment was not a failure of USAPAs DFR?

Quote:

Originally Posted by R57 relay (Post 1701615)

Thanks, that helps. Does your Dad realize that we ALL entered into a contract that abandoned that arbitration and a federal judge ruled that the abandonment was not a failure of USAPAs DFR?

Lawyers know exactly what "nullity" means, but if you want to hire them or are related to them, they will agree with your opinion, unless it really matters to them.