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A frustrated 3rd lister here.
West guys: What's the plan now? After the Silver ruling (or lack of) you've lost almost all 3rd lister support, especially after USAPA is now considering to meet in the middle with you. Are we supposed to wait around until you guys get your A330? I believe we have to realistically look at a future without APA solving our problems. |
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http://leonidas.cactuspilots.us/Decl...eclaration.pdf http://leonidas.cactuspilots.us/Decl...e_to_Order.pdf |
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What A Maroon! - YouTube |
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He hears about how the East are victims of a small number of devious and greedy West pilot's seniority stealing schemes. The West pilots are hanging everything up. Blame the West pilots. Then, it's "Screw those guys. We out number them. We control the union. If they don't get on board, Parker is just going to sell them off". He fails to notice how the "they won't play fair" dots don't connect to the "we control the game" dots. |
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I just hope it gets resolved so cactiboss can go enjoy life :)
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October 05, 2012
Leonidas Update As we reported last night, attorneys for the West Class filed a motion yesterday afternoon before Judge Silver recommending two additions be made to the Court’s proposed order. The basis for this request is the long and consistent history of USAPA to misconstrue legal principles. Mind you, we are not talking about vigorous advocacy before a court, we are talking about gross mischaracterization of law and facts which are routinely argued by USAPA. Today, USAPA sent a communication which notified the membership that USAPA is filing a response to the West Class attorneys’ Motion to Add Language. In this communication, USAPA quotes directly from Judge Silver’s proposed order. Aside from the impropriety of directly quoting from the proposal, we will examine the quoted finding of law and then offer the complete legal analysis which the communication fails to provide. USAPA counsel quotes Judge Silver stating that USAPA is free to negotiate. Not coincidentally, that is exactly what the Ninth Circuit said in the Addington opinion. Again, just as we discussed in last night’s update, Judge Silver made it very clear during Tuesday’s oral arguments that although she disagreed with the Ninth’s ruling in Addington, she is bound by it unless she ultimately decides that the Addington ruling does not apply to the Company’s case. In legal-speak, the issue is whether the ripeness in Addington is distinguishable from the Company’s Declaratory Action. That is the crux of what Mr. Siegel argued for the Company, and also what Mr. Harper argued on behalf of the West pilots. If Judge Silver ultimately decides that Addington applies to the Company’s Declaratory Action, then the legal effect will be the same for the Company as it is for the West pilots: there can be no ripe claim until there is a ratified contract. It’s there in which the danger lies for the Company because they are required to negotiate with USAPA per the RLA, and it’s precisely those negotiations which build the “aiding and abetting” claim that the West will inevitably make against the Company if they agree to a non-Nicolau. This is the reality of our situation: (i) the Company knows they have to negotiate; (ii) they know USAPA will insist on a non-Nicolau; (iii) they know that a previous federal judge and jury already found USAPA’s non-Nicolau to constitute a DFR; (iv) without a declaration from Judge Silver on any of the claims in their Declaratory Action, they will be walking through a proverbial minefield towards an outcome that will surely saddle them with liability to the West pilots for agreeing to a non-Nicolau seniority integration. Today’s communication by USAPA appears to intentionally omit the all-important and ever-present restriction to bargaining freedom; namely, the duty to fairly represent. To date, no judge has identified any purpose offered by USAPA as legitimate. In essence, counsel is letting USAPA walk off a cliff in the mistaken belief that pilots can fly without airplanes if they hire lawyers who say they can. USAPA’s non-Nicolau seniority scheme has already been found to be in breach of their DFR by a Federal judge and jury. This is precisely what is controlling the situation between USAPA, the West and the Company. All US Airways pilots have an absolute right to be properly informed by their bargaining agent. We are entitled to a competent analysis of the legal issues, which means we are entitled to a complete analysis of the law as applied to our situation. Quoting only one sentence and then neglecting to explain the legal meaning is not a complete analysis. This has been a problem with USAPA since the day it was birthed. It is not a fully informed decision by the union members which USAPA seeks. Rather, for USAPA it is all about mischaracterization and obfuscation to bend and shape collective thought to the benefit of a few; a truly Machiavellian approach. USAPA’s founders and follow-on leadership have never sought an honest, neutral risk assessment of their quest for a non-Nicolau seniority list. If they had done a true, neutral evaluation and presented it to all parties involved, maybe we would be far removed from this go-for-broke, win-at-all-cost adventure. Instead, USAPA has relied repeatedly on advice tailored to emotional desire versus an effective, beneficial outcome for all, even when staring down numerous Federal Court opinions telling them they are standing on quicksand. Tuesday was not a win for USAPA. What we learned, again, was that USAPA is perhaps free to work on a different seniority solution during negotiations, but it is not free to ignore the legal consequences of repudiating the Nicolau Award, and neither is US Airways. What more do they need know? Have a great weekend and thank you for your continued support. Leonidas, LLC Click here to Contribute http://www.cactuspilot.com |
....Just ONE question Cacti. How would the "West Class pilots" prove "Collusion" by the Co. If a joint East/West CBA were ratified, Nic NOT inclusive?
Silver was quite clear, and even used examples of what may constitute "Collusion". It is quite obvious that AOL's ability to prove a co-joined Co./USAPA DFR suit is a FAR stretch to say the least. It appears that BOTH courts have signaled that the BURDEN of proof that a legitimate DFR exists, lies on the West pilots...And only AFTER, not BEFORE, a the joint CBA is ratified!! USAPA has the right to negotiate. And Nic, is nothing more than a FAILED attempt at implementing SLI protocols, of a by gone union.. The mere possibility of the Co. accepting an SLI other than the "Nic" will NOT prove "Collusion".. |
I flew with an former ALPA East negotiator who said that ALPA East told ALPA West and ALPA National that ALPA East was losing control of the membership and that West had to sign an MOU honoring the movement and aircraft deliveries coming to East or USAPA would vote out ALPA representation...
West initially said no and by then it was too late. We will have another three years of the status quo seniority list before this settled... |
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I propose TWO simultaneous SLs. All PHX based pilots will bid according to the NIC award. Once a PHX pilot bids "OTHER" domiciles, they will be subjected to a DOH SL. You keep your toys, we keep ours.. |
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Such integrity! |
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Your concept of "integrity" does not pay my bills...However, if my financial state bothers you, I can accept monetary contributions. Specially from such well paid "PROFESSIONALS" such as yourself.. |
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Would it make you feel better if ALL DA pilots were placed on top?? |
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"Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so. By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized. An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground." I didn't think the fairness was on trial, was it? |
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It would be amazing if this would ever end. Option 1- accept nic award and buy the other guys some beers. Option 2- Starting from top down on the list ratio pilot groups and buy the other guys some beers. If the east late 80's hire dates are upset about west new hires and loss of years of seniority then they will have to put the senior west pilots into the top 500 in a "fair manner to offset that". Option 3 - waste our careers in court/ law suits while operating under a bankruptcy contract and buy our own beers
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She did make a statement that I think shows how she feels about it. |
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