US Airways Appeal
Heard the East pilots won the appeal today regarding the list.
|
Yes, USAPA won in a 2 to 1 decision by the 9th Circuit but it is not about the seniority list. The court was ruling on the "ripeness" of the case, i.e. had the West pilots actually been harmed by USAPA's actions so far. The majority said that no harm had occurred yet due to the lack of a joint contract with USAPA's DOH seniority list in that contract. So basically we have to be f###ed before we are harmed. The dissenting judge has some very interesting comments so we will see what happens next.
I just printed out my 26 page copy and I will be going through it carefully but really, this does not change anything. The company accepted the Nicolau list and any attempt by USAPA to bring forth a contract with anythging other than relative seniority will land them back in court with no question as to the ripeness of the case. In the meantime we just get on with the job and life. Here is the decision if you are interested: http://www.awappa.org/forum/attachme...2&d=1275668014 |
|
Are there not West guys on furlough who shouldn't be because of USAPA's refusal to accept the award? Aren't those guys harmed?
|
Originally Posted by satchip
(Post 821635)
Are there not West guys on furlough who shouldn't be because of USAPA's refusal to accept the award? Aren't those guys harmed?
|
I don't have much of a legal mind. Give us the highlights once you read it cactus.
I did read the media articles but they are very general. |
Way way back in my early days, I used to fly with a guy who swore up and down that the only proper way to merge airlines was DOH.
He'd go on and on about it. Eventually he wound up at America West. I wonder if he's changed his mind. You guys ever consider some kind of compromise to cut your losses (on both sides)? Laywers will take your money till the cows come home, not to mention the harm from no contract... Just sayin' Nu |
Originally Posted by NuGuy
(Post 821682)
Way way back in my early days, I used to fly with a guy who swore up and down that the only proper way to merge airlines was DOH.
He'd go on and on about it. Eventually he wound up at America West. I wonder if he's changed his mind. You guys ever consider some kind of compromise to cut your losses (on both sides)? Laywers will take your money till the cows come home, not to mention the harm from no contract... Just sayin' Nu |
Originally Posted by cactusmike
(Post 821623)
I just printed out my 26 page copy and I will be going through it carefully but really, this does not change anything. The company accepted the Nicolau list and any attempt by USAPA to bring forth a contract with anythging other than relative seniority will land them back in court with no question as to the ripeness of the case. At this point, neither the West Pilots nor USAPA can be certain what seniority proposal ultimately will be acceptable to both USAPA and the airline as part of a final CBA. Likewise, it is not certain whether that proposal will be ratified by the USAPA membership ..... Thus, even under the district court’s injunction mandating USAPA to pursue the Nicolau Award, it is uncertain that the West Pilots’ preferred seniority system ever would be effectuated. .... USAPA’s final proposal may yet be one that does not work the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award. |
Originally Posted by FreighterGuyNow
(Post 821687)
The court begs to differ:
At this point, neither the West Pilots nor USAPA can be certain what seniority proposal ultimately will be acceptable to both USAPA and the airline as part of a final CBA. Likewise, it is not certain whether that proposal will be ratified by the USAPA membership ..... Thus, even under the district court’s injunction mandating USAPA to pursue the Nicolau Award, it is uncertain that the West Pilots’ preferred seniority system ever would be effectuated. .... USAPA’s final proposal may yet be one that does not work the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award. I am amazed and shocked. This industry has hit a new low. |
All times are GMT -8. The time now is 01:48 AM. |
User Alert System provided by
Advanced User Tagging v3.3.0 (Lite) -
vBulletin Mods & Addons Copyright © 2024 DragonByte Technologies Ltd.
Website Copyright ©2000 - 2017 MH Sub I, LLC dba Internet Brands