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-   -   America West pilots win permanent injunction (https://www.airlinepilotforums.com/major/42077-america-west-pilots-win-permanent-injunction.html)

sailingfun 07-18-2009 03:42 PM


Originally Posted by formerdal (Post 646988)
I'm with justjack on this.

I also have no dog in this fight but do know a few easties. If any west pilot thinks they have won anything- I think they are sadly mistaken.

The east pilots will never vote any contract in with the NIC included(and there is no way for a judge to enforce a favorable vote outside of Ch11), a middle ground or merger or split off of the two groups will be required to end this.

IMHO

Your very wrong about what a judge can and can't do. Ask any Delta pilot who said they could not be forced to work overtime. The judge has laid out very strict rules on what USAPA had to do and what they can ask and negotiate for. They must negotiate to impliment the Nic award. If the judge felt that they are not negotiating in good faith the fines could very quickly total large amounts. If they so much as mention a strategy to not impliment the nic award you will see USAPA officers in jail. Its sad but the power of a judge to impliment a court decision is almost unlimited.

Counselor 07-18-2009 03:58 PM

Were there any post-merger US Airways pilots hired before this economy collapsed (i.e. neither East or West pilot?)? It would be interesting to hear a "neutral" pilot's perspective, but from the inside.

formerdal 07-18-2009 04:21 PM


Originally Posted by sailingfun (Post 646991)
Your very wrong about what a judge can and can't do. Ask any Delta pilot who said they could not be forced to work overtime. The judge has laid out very strict rules on what USAPA had to do and what they can ask and negotiate for. They must negotiate to impliment the Nic award. If the judge felt that they are not negotiating in good faith the fines could very quickly total large amounts. If they so much as mention a strategy to not impliment the nic award you will see USAPA officers in jail. Its sad but the power of a judge to impliment a court decision is almost unlimited.


Im not talking about USAPA making any statements or planning to aid in not implementing the NIC, but the likelihood of the pilots voting on a contract with it are slim to none.

Reroute 07-18-2009 04:43 PM


Originally Posted by formerdal (Post 647006)
Im not talking about USAPA making any statements or planning to aid in not implementing the NIC, but the likelihood of the pilots voting on a contract with it are slim to none.


The judge still has jurisdiction over this case. He could in theorey break the log jam by unilaterally implementing the Nicolau Award today. Just a hunch, but I think he's giving USAPA an opportunity to negotiate a TA and implement the Nicolau award first, if that fails or if USAPA doesn't act in good faith then I suspect the judge will unilaterally implement the Nicolau award with or without a JCBA.

The Judge understands what's going on here.

"Before and after its election, USAPA has misled the majority about its power to improve their seniority prospects at the expense of the West Pilots. The will of the East Pilots springs from a mistaken understanding of the law and mismanaged expectations. If this is an impasse, it is one USAPA goaded on." Judge Wake

FlyinPiker 07-18-2009 05:09 PM


Originally Posted by Counselor (Post 646997)
Were there any post-merger US Airways pilots hired before this economy collapsed (i.e. neither East or West pilot?)? It would be interesting to hear a "neutral" pilot's perspective, but from the inside.

Hard to find a "neutral" one since the new hire classes were also split into east and west.

My buddy was hired into the west and thinks this is all bullsh*t, but I'm pretty sure thats what any normal person not throwing a tantrum would think.

Do I think the Nic award was fair? No.

But there are a lot of things that aren't fair when it comes to this business. Yes the easties have been getting bent over of most of their entire airline careers, but their is no question that the way they have decided to "stand up" for themselves is beyond slimy.

The westies didn't screw anybody over...they are just fighting for what was found to be rightfully theirs.

It is clear the East has made this personal and forgot who is truely to blame...unfornately the law/a judement is a hard thing to go up against.

Good luck to all...things aren't looking good. Even without the squabble.

Boeing717Driver 07-18-2009 05:28 PM

Yea, but if this all falls apart and turns into an internal war then Congress and the Obama Administration will step in and make it all better by appointing an "Airline Czar" to magically fix it. You know, just like they are fixing the rest of our economy.................:o

........picking up my beer and walking away from the bar too............

Boeing717Driver

EWRflyr 07-18-2009 05:54 PM

I am confused.

What about the Nicalau Award is there to "implement" as the judge indicated?

The judge has ordered it is the seniority list of combined USAirways pilot group (if am reading the legal stuff correctly). The only thing that has to be done is that the award is marched into the director of flight operations at USAirways with "here is our seniority list" and there you go. My understanding is that USAirways left seniority integration up to the two pilot groups. They couldn't do it. Nicalau did it for them. There is one list in existence that USAirways will have to recognize.

What kind of dog and pony show is needed for the "union" at USAirways to implement the award??

justjack 07-18-2009 06:33 PM

Is the judge going to FORCE the USAirways pilots to ratify a contract? Really? Is he going to order up their wages, vacations, retirement, and benefits in consideration? The judge is going to assess the value of these things and let USAirways Inc. know what it is, and oh by the way, force the company as well as the pilots to comply? REALLY? He is going to “implement the Nic award” and pay scale? Under what conditions? Let’s see- in the new contract the majority wants the company to pay copilots $1 an hour less than captains, but also based on years with the company. WOW, they’ll take it! Is the judge going to implement this contract? The West pilots can sue USAPA till the cows come home, but they cannot force the USAirways pilots to ratify a contract. And IF the America West pilots had such benevolent intentions, wanting only what is rightfully theirs, why do not they agree to fences and end this BEFORE it is ended, F-O-R-E-V-E-R?

Fishfreighter 07-18-2009 06:40 PM


Originally Posted by powrful1 (Post 646604)
Isn't it about time for everyone to get along and hopefully save what is left of USAirways?

Everyone could get along if the East pilots had just respected the arbitrator's ruling. An arbitration they AGREED to.


Originally Posted by cactiboss (Post 646624)
Lost wages (east pilots purposely blocked negotiations), furloughs, downgrades. Read the court transcripts and testimony from east alpa's official regarding torpedoing significant raises on purpose

Yep. It all could have been avoided if the East guys had just accepted the arbitration.


Originally Posted by robthree (Post 646906)
The Nicolau Award clearly stinks from an easties perspective. .

Too bad. That's what happens when you agree to abide by an arbitrated decison. Ask Alaska pilots about their "Kasher" award.


Originally Posted by formerdal (Post 646988)
I also have no dog in this fight but do know a few easties. If any west pilot thinks they have won anything- I think they are sadly mistaken.

Are you kidding? They've "won" the arbitrated seniority list they were entitled to under the Nicolau Award.


Originally Posted by EWRflyr (Post 647044)
The only thing that has to be done is that the award is marched into the director of flight operations at USAirways with "here is our seniority list" and there you go.

Exactly. And the judgment that the East pilots CANNOT negotiate two separate contracts.

Reroute 07-18-2009 06:53 PM


Originally Posted by EWRflyr (Post 647044)
What kind of dog and pony show is needed for the "union" at USAirways to implement the award??

A Joint Collective Bargaining Agreement.


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