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

Reroute 07-19-2009 06:30 AM


Originally Posted by joepilot (Post 647145)
That has changed recently at most airlines, but my point is that there is nothing in the law that requires a membership vote to sign a new contract.

Joe

It's the unions Constitution and By-Laws that determine the ratification process, not the "law". I believe that USAPA's C&BLs has membership ratification.

NuGuy 07-19-2009 06:44 AM

Well, there's always the appeals process....that'll take at least another 6-8 months.

Nu

eaglefly 07-19-2009 06:45 AM


Originally Posted by alfaromeo (Post 647071)
The East pilots claim they want to "burn it down" before they will accept their final and binding arbitration award. Right now, it looks like they will get to press to test that claim. LCC has not been able to operationally integrate the company and that is part of the reason why they face such an uncertain future.

The first officers complain their upgrades will be delayed a few years under the Nicolau award. I am not sure they will ever get the chance, at least not at a company called US Airways. Maybe they will get to see how the APA treats their merger partners.

The USAPA leaders is the one group capable of providing worse leadership skills than the old East MEC. They have allowed their pilots to drive themselves into a ditch. I don't think there is any recovery for them now. My first guess is a Chapter 11 or more likely 7. The next guess is a merger with AMR, and they shuck off about half the company. The last guess is a fragmentation or asset sales followed by Chapter 7. Either way, their future looks dark and they are partly to blame for their own troubles.

Sad, all the way around.

I wonder if there is a way for Parker to isolate the East operation into something that cannot sink th entire ship ?

If he can, he can let that operation sink itself, liquidate it and move on with the remainder. His first priority should be to prevent this cancerous situation from killing his patient.........any way he can.

HPilot 07-19-2009 08:30 AM


Originally Posted by justjack (Post 647094)
I know it is hard to understand, but when a person gives away their retirement and pay in order to save a company, seniority becomes the last stand. This is not merely a legal dilemma. It also has moral implications. So yes, the USAirways pilots must see this through to the end. The company lived to see another day, that lead to a merger (we must remain cognizant that we are referring to a merger) resulting in the very thing that was feared most- lost seniority. Add to this to the fact that the USAirways pilots have labored under a bankruptcy contract, for years, in defending this seniority. Their fellow pilots are not happy achieving with what their own airline had, what they earned, but are behaving as if the East pilots’ seniority was something to be plundered- Fellow pilots were not not considered colleagues, not brothers, not members of the same profession or union, not even human beings. Seniority was to be looted as if profits extracted as a result of the spoils of war.

That's not how I remember that battle. As I understand it the East fought the company and refused to negotiate. The result was that they lost their retirement and had a garbage contract stuffed down their throats. History seems to repeat itself. I've never met a denser bunch.

formerdal 07-19-2009 08:46 AM

[quote=eaglefly;647180]I wonder if there is a way for Parker to isolate the East operation into something that cannot sink th entire ship ?

Uh, guys.....the east is the side that makes all your money. I don't work there and even I can see that...

joepilot 07-19-2009 08:50 AM


Originally Posted by Reroute (Post 647169)
It's the unions Constitution and By-Laws that determine the ratification process, not the "law". I believe that USAPA's C&BLs has membership ratification.

My point was that since there is nothing about membership ratification in federal or state law, that the judge could take it upon himself to suspend membership ratification of this contract, without regard to what the USAPA has to say about it.

Joe

formerdal 07-19-2009 09:12 AM


Originally Posted by joepilot (Post 647239)
My point was that since there is nothing about membership ratification in federal or state law, that the judge could take it upon himself to suspend membership ratification of this contract, without regard to what the USAPA has to say about it.

Joe

Actually, if you'll read the entire context of the injunction you will see he cannot. He has already considered the request to unilaterally impose the NIC and stated he could not do that. If he can't do that he certainly cannot IMPOSE a contract on anyone. Not outside of Ch.11 anyway...

Cactusone 07-19-2009 09:38 AM


Originally Posted by formerdal (Post 647238)
Uh, guys.....the east is the side that makes all your money. I don't work there and even I can see that...

You don't work here yet you know financial information that is not provided to investors/public and in reality doesn't exist, makes me question you integrity.

Riddle me this, how much money has the east made in the last 10 years? Just wonder why they went into BK twice if they had that gold mine out east.

What other USAPA talking points do you have?

joepilot 07-19-2009 09:58 AM


Originally Posted by formerdal (Post 647248)
Actually, if you'll read the entire context of the injunction you will see he cannot. He has already considered the request to unilaterally impose the NIC and stated he could not do that. If he can't do that he certainly cannot IMPOSE a contract on anyone. Not outside of Ch.11 anyway...

I agree that he can't impose a contract, but I believe that he could suspend membership ratification, and that would leave it in the hands of the USAPA MEC. The judge CAN hold their feet to the fire if he so chooses.

Joe

sailingfun 07-19-2009 10:08 AM

To make things clear. Nic is the list at USAIR. It was accepted already by USAIR management as the list after the binding arbitration. It is in effect today however has no practical effect until they combine the operations which requires a joint contract.


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