West Merger committee update 6/26
06-26-2015, 07:33 PM
#31
Gets Weekends Off
Joined APC: Sep 2009
Posts: 335
Originally Posted by ackattacker
APA (and maybe the company) could be at risk of DFR for proceeding with an integration process where all parties are not fairly represented. That's why they wanted the West there in the first place even though APA has no love for the Nicolau. The West committee and the AAPSIC committe have no duty to fairly represent the East, only APA as a whole does as and the committees are a way for APA to show that they treated everybody fair by giving everybody their chance to advocate their position.
USAPA can fairly claim that this ruling states they can't represent the East pilots position so they withdraw, leaving no one to represent the East pilots at all. If APA allows that farce to proceed, they are at risk of DFR.
Long story short expect this process to become even more drawn out the arbitration hearings to be rescheduled.
USAPA can fairly claim that this ruling states they can't represent the East pilots position so they withdraw, leaving no one to represent the East pilots at all. If APA allows that farce to proceed, they are at risk of DFR.
Long story short expect this process to become even more drawn out the arbitration hearings to be rescheduled.
06-27-2015, 04:16 AM
#32
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Joined APC: Jan 2013
Position: Pitot heat, what's to eat?
Posts: 392
Originally Posted by Gomerglideslope
USAPA can't "fairly claim that they can't represent the East" just because they don't like the ruling.
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad..........
On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots......
By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board.
06-27-2015, 05:05 AM
#33
Banned
Joined APC: Jun 2008
Posts: 8,350
Originally Posted by ackattacker
From the dissent:
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad..........
On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots......
By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board.
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad..........
On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots......
By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board.
06-27-2015, 05:20 AM
#34
Gets Weekends Off
Joined APC: May 2014
Posts: 147
Originally Posted by SewerPipeDvr
No one should count their chickens just yet. Next up. En banc (before the entire 9th). This three judge panel was 2 right leaning/ one left leaning. The entire Bench is left leaning majority.
06-27-2015, 08:54 AM
#36
Banned
Joined APC: Dec 2007
Position: EMB 145 CPT
Posts: 2,934
Originally Posted by ackattacker
From the dissent:
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad..........
On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots......
By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board.
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad..........
On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots......
By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board.
Last edited by Nevets; 06-27-2015 at 09:39 AM.
06-28-2015, 08:53 AM
#38
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Joined APC: Nov 2013
Position: Gets weekends off
Posts: 1,168
Originally Posted by SpecialTracking
Good luck to all. Remember, it is what it is and it's not worth ruining your life over it.
They might as well do the SLI based on date of birth. At least that way everybody ends up #1 on the seniority list for at least a day.
06-28-2015, 01:07 PM
#39
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Joined APC: Oct 2012
Position: Done with that
Posts: 191
Originally Posted by Gomerglideslope
I'm curious as to how "left leaning" or "right leaning" judges play into this?
One note- there is a chance the USAPA attorneys could bypass the Ninth and go straight to the on call Supreme for a quick ruling. They are from DC and know the drill. Luck of the draw who is scheduled on call. That would stop it in its tracks. The Ninth I feel is a sure thing, but it might take time. I am sure they are working with a local appellate firm with knowledge of the Bench.
Last edited by SewerPipeDvr; 06-28-2015 at 01:28 PM.
06-28-2015, 01:14 PM
#40
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Joined APC: Feb 2014
Position: A320
Posts: 225
Originally Posted by SewerPipeDvr
That Court has been a mess for many years. Usually a 6 to 3 split. 6 left leaning/ 3 more sort of "rightish" leaning, and the sides don't really get along well. The last appeal went to USAPA by "leftist" majority. They gave Judge Silver a template to follow. She did that. Now two of the "right" judges threw water all over that. I suspect USAPA will ask, and receive is a expedited En banc hearing by the full Bench. That is why they want a delay to SLI. They will win if the entire Bench hears this and it will be back to the three way (as I believe it should be). Let the arbitrators sort it out. Mean while, the Attorney retirement fund continues. Kaaaaa ching!
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