cactiboss

If the ruling stands the company will appeal, remember this is the company's lawsuit.

LittleBoyBlew

Appeal WHAT??
The 9th will just default to their last decision...
What he Co. seeks NO court can guarantee...
Its like obtaining immunity from product liability by an aircraft manufacturer....Its just won't happen

LittleBoyBlew

Great ANOTHER expert on the US east/west debacle speaks...
Dude how about learning YOUR contract first, before mingling in OTHERS business. I can care less what happens at BIG "D"...I suggest that you do the same for US... Have a nice day "Expert"....
By the way I've been in aviation BEFORE I was born... MY dad carried me around in his SACK!!!

tomgoodman

Perhaps DP knew this all along, but his court filing was intended to obtain exactly what he got .... more delay.

LittleBoyBlew

Exactly!! Nothing more than a convenient delay tactic.

lolwut

How is he wrong? It doesn't take an expert insider to see that US East captains are paid less than FOs on similar equipment at other majors. Its like East pilots don't really grasp how low their pay actually is... its completely astonishing that they're willing to hold up negotiations for something as stupid as DOH seniority list.

Nobody on the outside looking in thinks that you guys have a single shard of intelligence or credibility. Its not personal, its just the facts... you should be getting paid a lot more and its crazy to think that fighting a binding arbitration is worth not getting those pay raises. Heck, under a new contract with the Nic, even if things go horribly, the west takes the captain spots and you stay as an FO, you'd probably still be making more money than you would be now as a captain with a split list and current contract.

Seriously guys, its time to get over it, move on with life, accept that you can't have everything, and negotiate a contract better than what your regional subcontractors currently have. I bet that in lots of areas, pilots flying as US Airways Express have better work rules, vacation, etc than you guys do. How sad is that?

R57 relay

Here's where you go off the track. You don't know that. We don't work for DL, we work for a second tier major with a CEO that has said over and over and over again that the only way we are able to make money is on the backs of it's employees. A DL contract is not sitting on the table across from us, just waiting on us to drop the SLI. If if were, we'd be done, I guarantee it. What was and is still on the table is the inferior Kirby proposal and that does not make up for the loss of seniority.

A while back I offered for 80kts to tell us all he knew about the Nicolau award. How much does it affect pilots in different seniority ranges? What can we realistically get out of the company. Same offer to you, tell me what you know.

I've disagreed with my fellow east pilots about what to do about the Nic. I never thought we'd get out of it. Maybe I was wrong, maybe I was right, it's still yet to be seen, but until you are in our shoes you can't say what you would do.

cactiboss

October 04, 2012


Leonidas Update


On Tuesday, oral arguments were held before Judge Silver regarding the cross motions for summary judgment filed by USAPA and the West Class. The West Class sought an order granting Claim I of US Airway’s complaint, which would have declared that use of a non-Nicolau seniority list was a breach of USAPA’s Duty of Fair Representation. USAPA sought an order granting Claim II, which would have declared that use of a non-Nicolau seniority list was not a breach of USAPA’s DFR. Based on Judge Silver’s Proposed Order which was given to counsel of all three parties just prior to the hearing (but is NOT intended for publication), and based on Judge Silver’s comments and questions during oral arguments, it is clear that she is not inclined to grant either Claim I or Claim II outright. Furthermore, it appears that she is inclined to deny US Airway’s Claim III, which was the company's request for immunity from any liability relating to its ultimate position on seniority, regardless of the dispositions of Claims I and II.

As proposed, the language includes “Granted in Part, and Denied in Part” regarding USAPA's request. And, true-to-form, USAPA has already proclaimed outright victory as a result. However, taken as a whole, the proposed order does nothing to extinguish USAPA's liability to the West pilots and actually affirms the West position that US Airway's management will not be immune to our legal claims resulting from a decision to deviate from the arbitrated list in the future. We believe events will prove USAPA's claims of victory to be both hallow and premature as in reality, they will never be able to avoid the Nicolau Award. It appears there will remain only one safe harbor for both US Airways and USAPA and it is called “the Nic.”

We will comment further once Judge Silver issues her final order. What we will say now is that our attorneys agree with much of the substantive law discussion in the draft order.

As of today, we remain in strong legal position which we will continue to protect for as long as it takes to see justice through. We are not going away, and need not surrender our legal rights. Thank you for your continued financial support.

Sincerely,

Leonidas, LLC

Click here to Contribute

http://www.cactuspilot.com

cactiboss

And that is why they will appeal. Buy them at least 2 more years before they have to deal with usapa. Simple huh?

LittleBoyBlew

Or until the investors determine that litigation exposure to the west pilot group, outweighs PHX ability to generate adequate revenues. If the west boys think the Nic will hold the potential AA/US merger a hostage, you might be surprised with the end result...