Looking ahead
07-21-2015, 05:05 PM
#171
Banned
Joined APC: Apr 2008
Posts: 3,240
Originally Posted by R57 relay
Wouldn't it be funny if Judge Silver says "USAPA has withdrawn. The point is moot..."
07-21-2015, 05:08 PM
#172
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Joined APC: Apr 2008
Posts: 3,240
Originally Posted by PurpleTurtle
Don't put words in my mouth, Mr. Integrity. 
The 9th ruling is predicated on a contingency. It makes no affirmative requirement upon anyone for anything, and the proof of it is you are hoping Silver will actually provide a remedy that the 9th refused to provide.
The 9th ruling is predicated on a contingency. It makes no affirmative requirement upon anyone for anything, and the proof of it is you are hoping Silver will actually provide a remedy that the 9th refused to provide.
07-21-2015, 05:12 PM
#173
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Originally Posted by R57 relay
Wouldn't it be funny if Judge Silver says "USAPA has withdrawn. The point is moot..."
07-21-2015, 05:19 PM
#174
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Joined APC: Apr 2008
Posts: 3,240
Originally Posted by PurpleTurtle
The courts have exacerbated and prolonged the conflict. Silver was a part of that. Whatever she does it will probably be novel and compounding.
07-21-2015, 05:37 PM
#176
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,294
Originally Posted by cactiboss
Well your attorney's are sure that this new panel can do whatever it wants, our attorney's are pretty sure the injunction applies to all east pilots. Silver will decide. As for pay protection and bidding rights, my attorneys will explain that in more depth once we know about en banc.
I was at the LDMRA hearing in CLT. A former officer of USAPA congratulated Marty on his win. Marty said "For now."
07-21-2015, 05:39 PM
#177
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,294
Originally Posted by cactiboss
Oh yeah, your new committee showing up with the same attorneys that withdrew and ****ed off the arbitrators, priceless.
07-21-2015, 05:42 PM
#178
Gets Weekends Off
Joined APC: Apr 2011
Posts: 1,967
Originally Posted by cactiboss
You don't know what the 9th's requirements are do you? It's up to Silver to fashion a remedy not the 9th.
There was no suit against the APA.
V. REMEDY...
We thus remand this case with instructions to the district court to enter an order enjoining USAPA from participating in the McCaskill-Bond seniority integration proceedings, including any seniority-related discussions leading up to those proceedings, except to the extent that USAPA advocates the Nicolau Award.*Footnote 12
*Footnote 12.... We decline to order the issuance of the West Pilots’ requested injunction “that an unmodified Nicolau Award must be used to order the seniority of the East and West pilots in the pending McCaskill-Bond process.”
*Footnote 12... Although we have approved injunctions against nonparties [read APA here] we decline to do so here...
*Footnote 12.. USAPA is a party to this suit and enjoining it alone will provide effective relief to the West Pilots
This remedy.. ..allows for the possibility that the SLI arbitration panel might not ultimately use the Nicolau Award in its integration of the US Airways and American Airlines Pilots.
V. CONCLUSION:
Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award. On remand, the district court should consider the West Pilots’ claim for attorneys’ fees.
We thus remand this case with instructions to the district court to enter an order enjoining USAPA from participating in the McCaskill-Bond seniority integration proceedings, including any seniority-related discussions leading up to those proceedings, except to the extent that USAPA advocates the Nicolau Award.*Footnote 12
*Footnote 12.... We decline to order the issuance of the West Pilots’ requested injunction “that an unmodified Nicolau Award must be used to order the seniority of the East and West pilots in the pending McCaskill-Bond process.”
*Footnote 12... Although we have approved injunctions against nonparties [read APA here] we decline to do so here...
*Footnote 12.. USAPA is a party to this suit and enjoining it alone will provide effective relief to the West Pilots
This remedy.. ..allows for the possibility that the SLI arbitration panel might not ultimately use the Nicolau Award in its integration of the US Airways and American Airlines Pilots.
V. CONCLUSION:
Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award. On remand, the district court should consider the West Pilots’ claim for attorneys’ fees.
There is no "deep doodoo" statement for the APA (also a non-party to the lawsuit).
And the injunction against USAPA alone is effective relief.
Let's see if Silver can read into the 9th half of the leeway for her own novelty that you see.
07-21-2015, 05:49 PM
#179
Gets Weekends Off
Joined APC: Nov 2011
Position: A320 Capt
Posts: 5,294
Originally Posted by PurpleTurtle
The suit against the company was DISMISSED.
There was no suit against the APA.
There is no "deep doodoo" statement enjoining the company requiring them to allow your coveted "movement or pay protection".. Notice the Company is a non-party to the suit (see Footnote 12).
There is no "deep doodoo" statement for the APA (also a non-party to the lawsuit).
And the injunction against USAPA alone is effective relief.
Let's see if Silver can read into the 9th half of the leeway for her own novelty that you see.
There was no suit against the APA.
There is no "deep doodoo" statement enjoining the company requiring them to allow your coveted "movement or pay protection".. Notice the Company is a non-party to the suit (see Footnote 12).
There is no "deep doodoo" statement for the APA (also a non-party to the lawsuit).
And the injunction against USAPA alone is effective relief.
Let's see if Silver can read into the 9th half of the leeway for her own novelty that you see.
Give the people that buy really expensive ties what they want...
07-21-2015, 05:51 PM
#180
Banned
Joined APC: Apr 2008
Posts: 3,240
Originally Posted by R57 relay
I'm sure they will, for XXXX an hour.
I was at the LDMRA hearing in CLT. A former officer of USAPA congratulated Marty on his win. Marty said "For now."
I was at the LDMRA hearing in CLT. A former officer of USAPA congratulated Marty on his win. Marty said "For now."
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