cactusmike

Well it was supposed to be an important day. Most of the Leonidas guys were there and some of our guys that have been an integral part of the West battle since day one of the merger were as well. We have had pretty good legal analysis from them. USAPA can put forth any list they want but any list that does not follow the Nicolau award will result in a ripe DFR suit. And now the company will be on the hook as well if they accept USAPAs DOH list since the company has already accepted the NIC list.

Judge Silver was aware that Judge Wake found USPA guilty of DFR. She was also aware that the 9th ruled that the DFR does not occur until a contract is put forth. She asked about a 3 way seniority integration with East, West and AA. Problem is there is no mechanism for the West to be represented by themselves since USAPA did away with ALPA and the separate MECs and separate ratification. Any USAPA attempt to deviate from the Nic in negotiating a SLI going forward would, again, be a DFR. Since we have Judge Wake's ruling behind us a new DFR suit would be a speedy trial.

Really, though, in the end this is about the company and their failure to exert leadership. We have a binding contract between the parties - the Transition Agreement (TA). That contract specified the SLI process. That process was followed. Anyone that deviated from that contract is now subject to breach of contract. If Parker wants to get this done then all he has to say is we will use the list that as produced as a result of the TA. That is is safest legal recourse. He has benefitted for 5 years by keeping the groups separate, saving hundreds of millions of dollars. Now, when he has the chance to make hundreds more by combining with AA do you think he will take the easy way or the hard way? I think he will take the easy way out and go with the Nic list in a future SLI with AA. Remember, he cannot be held at fault if he just uses the list produced as a result of the TA. That is the safe legal ground.

cactiboss

Btw, so you understand what is going on. Judge Silver accepted jurisdiction over the case last year but today judge Silver said she does not have the jurisdiction she thought she had. So this case has no legal weight as a DJ will not be issued we go back as if this had never happened (unless company prevails at the 9th)

cactusmike

She did not issue a final ruling today. It is important to note that she showed the parties a draft memorandum. The final ruling will be more specific and may give a little more clarity

CaptainBigWood

For Parker the simple solution is separate operations indefinitely, no CBA no raises. It's working well now, why change?

KillingMeSmalls

The East vs. the West.

flybywire44

I love this graphic, but don't the west pilots want to move on?

US Airways new hires are going to start upgrading into left seats that West pilots should have. 330s are coming and at this rate West pilots will even miss out on the 350 deliveries! East will have 700 pilots retire in the next three years and West will miss out on all of this attrition.

If the merger AA merger fails because of Nic than West pilots will lose much more career progression than Nic would have ever brought.

I wish there was a way USAPA could establish separate representation for the West. Judge Silver specifically referenced negotiate three lists in an AA merger.

Maybe the seniority issue can just be handed off to McCatskill-Bond mediation?

CaptainBigWood

That is funny, the question is, Is the cat on the bottom the East or the West.

cactiboss

The west of course.

LittleBoyBlew

We rotate ever so often....

cactiboss

No the west is not ready to move on. We have fleet mins and the Nic. Is still the list in our contract. Do you think we want to be stapled and then go merge with that list? Or do we stay separate and wait for a merge where we either get the Nic. Or a 3 way?