cactiboss

Well you better think long and hard. Have you read the term sheet? Have you read the part that mandates the apa displace usapa asap? Engage your brain and tell me why would that be? After your brain is engaged read the term sheet again, the part that says the seniority won't be discussed until after jcba. Getting clear now? Did usapa inherit the Nic? If we merge before a usapa/lcc contract will the apa inherit all contracts from usapa including the Nic.? Getting the picture yet?.

This little squabble won't affect the merger one iota, because you see, the company lawyers eliminated the problem. usapa.

LittleBoyBlew

Keep telling yourselves That...
As I said, you might be shocked with the end result...
"USAPA inherit the Nic"...explain??

cactiboss

You do know that the Nicolau is the current system wide seniority list in your contract as modified by the TA? Usapa inherited it from alpa along with all other contract provisions. If the APA takes over they will inherit the Nic. as well (assuming we don't have a contract by then).

LittleBoyBlew

AOL has been preemptively claiming victory preceding the Addincton case, the 9th Court of Appeals, and now the Silver DJ case....Guess what!! Nic is still shelved.
Ask yourself this, if the Nic award is FEDERALLY BINDING, how come the 9th and now Silver, will NOT mandate its use??
Let me enlighten you, if I may. It is because Federal courts do not like to INTERVENE in internal union matters!! USAPA is free to negotiate!! Again I repeat...SENIORITY is a UNION matter!! The Co. is using the hollow threat of a co-joined DFR suit to drag this issue until eternity. If a deal between AA/US materialises, our little squabble will amount to a pile of beans..

LittleBoyBlew

Except for that pesky little detail of a common CBA being ratified...

JimmyJim

Ok, but why would management spend a large amount of $$$$$$,
to obtain a delay that they already had, ie.

Permanent Injunction.
Section 6, Parked by the NMB.

Doesn't the companies primary litmus test; spending
money unnecessarily.

cactiboss

The 9th got it wrong, just ask judge Silver. The problem here is the 9th forbids us from looking at the legality of any of usapa's proposals, no matter how outlandish until there is a ratified contract. As an extreme example, usapa can propose placing all black pilots at the bottom of the list, according to the 9th, until the contract placing all black pilots at the bottom of the list is ratified we are not allowed to ask if that is a legal or illegal proposal. In my extreme case it is obvious this would be illegal, but the 9th says it doesn't matter because usapa has only "proposed" it until it is ratified. So in our case a court has already found usapa's 'proposal' illegal, management knows this and if they aid and abed usapa in signing a contract that they know another court found illegal, then the company is as guilty as usapa. As far as the RLA you better brush up, usapa inherited the Nic. and the nic. is the current list, there is no doubt about that.

cactiboss

Nope. The company must negotiate with usapa by law, so if they are in court they have an out from the nmb. Negotiations are only parked right now because we are in court.

LittleBoyBlew

Consider the amount of $$$ that the Co. has saved on having the east on loa 93 and the west on an industry sub-standard CBA. This squabble could be paid for 6 times over!!

LittleBoyBlew

I'm done here..Better spent effort trying to teach my dog Cantonese, than to attempt to stop Cacti from chasing His tail...
The "Nic" a Federally Binding SLI only applicable to the AOL cult followers...