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Old 07-23-2011 | 11:20 AM
  #71921  
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Originally Posted by alfaromeo
Your own DPA lawyer cites the United case repeatedly as his justification for negotiating a new list. If Rakestraw wasn't applicable, why does he cite it?
Seham is citing the United case because he thinks it might be viewed by a judge as comparable precedent in the case of USAPA. It seems his strategy is to conflate United and USAPA because neither one involved an arbitrated SLI that had been accepted by management and BOTH AIRLINE'S OPERATIONS COMBINED. This of course wouldn't apply to Delta Air Lines because our operations are combined.

Because we are now combined, ALPA, DPA or any other entity that tried to use the United precedent to "re-order" our seniority list would have no legal foundation in the subsequent lawsuits that would follow. If this was all you had to do, it would have been done many times before. The larger pilot group could just accept anything from a mediator or arbitrator, then staple the smaller pilot group to the bottom through "negotiations" afterwards because they would have the majority votes. Why has this never happened after an arbitrated SLI alfaromeo? Is it because nobody has ever thought of it before?

Carl
Old 07-23-2011 | 11:33 AM
  #71922  
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Originally Posted by alfaromeo
I could go back and cite other cases of seniority lists being changed, I have read through thousands of pages of transcripts,
Good. After reading thousands of pages of transcripts, you should have great stories to tell us. Please post a case where a seniority list was re-ordered differently than what the arbitrated SLI ordered.

Originally Posted by alfaromeo
but I already have one, Rakestraw vs. ALPA that your DPA lawyer uses as the bedrock of his defense.
He's not using Rakestraw as the "bedrock", just one reference. But let's look at that case. If memory serves, scabs at the United strike were re-ordered somehow. That was a negotiated settlement regarding seniority.

So your fear is that any union could use this precedent of re-ordering scabs, to re-order a seniority list after an arbitration? If so, why has this never been tried before to re-order an arbitrated SLI?

Carl

Last edited by Carl Spackler; 07-23-2011 at 11:46 AM.
Old 07-23-2011 | 12:24 PM
  #71923  
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The greatest fool in the world is NOT the person who thinks he knows it all.
It is the person who tries to argue with someone who thinks he knows it all.

Carry on, all.
Old 07-23-2011 | 12:35 PM
  #71924  
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Originally Posted by newKnow
I fly a little airplane, and I'm not a lawyer, but like to play one, so I'll ask for Carl. Where has there been a case where an arbitrated seniority list was changed by "negotiation" after operations were merged?

If that happened, doesn't it open up the negotiating agent to multiple claims of violations of their duty to fairly represent each and every member who lost seniority on the new list?

Just asking.
YOU'RE BACK!

FTB and I were about to send out a search party!

Carl
Old 07-23-2011 | 12:45 PM
  #71925  
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Originally Posted by alfaromeo
It has occurred, not at an airline that I know of, but at other unions.
I hope anyone else following this is seeing the very slow progress toward the truth. We'll get there eventually, but it'll take time. Our DALPA insider and former (maybe current rep) alfa now states the truth. Re-ordering a seniority list after an arbitration has not occured at an airline. But he's still holding out hope that it happened to some other non-airline union.

Originally Posted by alfaromeo
The origin of the list does not matter, arbitration, negotiation, mediation, coin flipping, random number generator. United had a list, everyone had a number just like us and then the list was changed.
Actually, it makes all the difference in the world. But that's OK because I know you could never admit that you lied here. It's just going to have to be enough to hear you say that it has never occured at an airline. That is correct.

Now please run off to ALPA legal and ask them what plan B is, because this attempted smear of the DPA by ALPA reps has failed.

Carl
Old 07-23-2011 | 01:00 PM
  #71926  
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Originally Posted by Carl Spackler
I hope anyone else following this is seeing the very slow progress toward the truth. We'll get there eventually, but it'll take time. Our DALPA insider and former (maybe current rep) alfa now states the truth. Re-ordering a seniority list after an arbitration has not occured at an airline. But he's still holding out hope that it happened to some other non-airline union.



Actually, it makes all the difference in the world. But that's OK because I know you could never admit that you lied here. It's just going to have to be enough to hear you say that it has never occured at an airline. That is correct.

Now please run off to ALPA legal and ask them what plan B is, because this attempted smear of the DPA by ALPA reps has failed.

Carl
Whatever, Carl, enjoy Narita.
Old 07-23-2011 | 01:23 PM
  #71927  
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Originally Posted by johnso29
Another thing to consider WRT DPA.....DALPA has a warchest built for Sec 6. It's a whole lot more then DPA could ever get, or at least in time for Sec 6.
It is not DALPA's war chest. That money belongs to Delta pilots. Any and all monies of that type would have to remain within the control of Delta pilots. Again, it's NOT ALPA's money.

Carl
Old 07-23-2011 | 01:31 PM
  #71928  
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Originally Posted by Scoop
Am I seeing double or are there now two Carls? Looks like I picked the wrong week to quit sniffing glue!

Scoop
Originally Posted by DAL 88 Driver
Ah yes, there are two. The original. And a cheap imitation. Both are helping DPA!
Yes, the dude has been stalking me like some weird chick. It looks like he is one of the DALPA "volunteers" who spent the week in ATL to disrupt the DPA event there a few months back. ALPA at its finest.

Carl
Old 07-23-2011 | 01:36 PM
  #71929  
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Hey guys,

There's a DALPA survey on rotation construction on DeltaNet. Check it out. I took it. For LAX, they can't get much worse so hopefully it will help.

Cheers!
Buzz (sitting 3rd short call in last 5 days)
Old 07-23-2011 | 01:58 PM
  #71930  
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So with the slot swap I saw Delta and USAir were to sell 16 and 8 slots respectively. Who sells them? Does USAir get the money from the slots at LGA or does Delta? If they have to sell them do they go by auction or do the companies get to sell them to whom they want? What is to stop Delta from selling them to USAir and vice-versa?
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