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USAPA gets destroyed by the 9th Circuit

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Old 06-26-2015, 11:45 AM
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Default USAPA gets destroyed by the 9th Circuit

USAPA has had The Nic judicially shoved where the sun don't shine. It's about time!
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Old 06-26-2015, 12:15 PM
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Originally Posted by EskimoJoe View Post
USAPA has had The Nic judicially shoved where the sun don't shine. It's about time!
Details please.
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Old 06-26-2015, 12:50 PM
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Originally Posted by BenderRodriguez View Post
Details please.
http://cdn.ca9.uscourts.gov/datastor...6/14-15757.pdf
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Old 06-26-2015, 01:44 PM
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Could someone Cliff's Notes this for the rest of us?
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Old 06-26-2015, 02:18 PM
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Originally Posted by gloopy View Post
Could someone Cliff's Notes this for the rest of us?
Back when USAir and America West merged (8 years ago?)... the SLI followed the typical proposal, counter proposal route until deadlocked and both sides agreed to binding arbitration... when the binding arbitration award came out, legacy USAir pilots refused to be bound by it and created their own new union (USAPA) and made their own seniority list... apparently the original binding arbitration (Nicalou?) award has been just upheld in the courts.... stand by for blood curdling screams, wailing and gnashing of teeth.
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Old 06-26-2015, 03:21 PM
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I'm not a lawyer but the opinion says that it reverses the district court ruling on the DFR lawsuit. Does this also mean the Nic is implemented as well?
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Old 06-26-2015, 04:01 PM
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Originally Posted by Ray Red View Post
I'm not a lawyer but the opinion says that it reverses the district court ruling on the DFR lawsuit. Does this also mean the Nic is implemented as well?
This does not mean the Nic is implemented but this is an unusually strong opinion from a federal appeals court. USAPA got hammered hard.
The court did not order the arbitrators to use the Nic award but they gave that seniority award about as strong an endorsement as possible.
I'd say it's about a 99.47% probability the Nic will be used to build the AA seniority list.
The USAir east pilots just lost big.
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Old 06-26-2015, 07:53 PM
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Originally Posted by Check Essential View Post
The USAir east pilots just lost big.
You mean. Again.
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Old 06-27-2015, 05:23 AM
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I think the crux of the whole argument was at the time there were USAir pilots on furlough and the integration would have placed the furloughed pilots at the bottom of the list.

Ex-America West pilots win U.S. court ruling on seniority rights
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Old 06-27-2015, 06:48 AM
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Originally Posted by FirstClass View Post
I think the crux of the whole argument was at the time there were USAir pilots on furlough and the integration would have placed the furloughed pilots at the bottom of the list.
That is what arbitrators do with them. In their eyes, they have no career expectations.
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