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US Airways Appeal

Old 06-04-2010, 12:36 PM
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Default US Airways Appeal

Heard the East pilots won the appeal today regarding the list.
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Old 06-04-2010, 01:07 PM
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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
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Old 06-04-2010, 01:18 PM
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Links to a few media articles:

Appeals court rules for US Airways pi... - Google News
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Old 06-04-2010, 01:23 PM
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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?
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Old 06-04-2010, 02:29 PM
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Originally Posted by satchip View Post
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?
That would be yes
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Old 06-04-2010, 02:33 PM
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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.
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Old 06-04-2010, 03:03 PM
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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'

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Old 06-04-2010, 03:06 PM
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Originally Posted by NuGuy View Post
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'

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They were all about DOH when sniffing around American Trans Air
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Old 06-04-2010, 03:11 PM
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Originally Posted by cactusmike View Post

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.
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 courtís injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilotsí preferred seniority system ever
would be effectuated. ....


USAPAís final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.
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Old 06-04-2010, 04:38 PM
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Originally Posted by FreighterGuyNow View Post
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 courtís injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilotsí preferred seniority system ever
would be effectuated. ....


USAPAís final proposal may yet be one
that does not work the disadvantages Plaintiffs fear, even if
that proposal is not the Nicolau Award.
And those are THE MOST OUTRAGEOUS comments ever made by a court of law. This implies that BINDING is never really BINDING. This highlights the problems when you have a "Tyranny of the majority" like no other. I feel for the West guys, but also for the UAL/CAL guys as this idiotic judge has now thrown their seniority list integration into a complete black hole.

I am amazed and shocked. This industry has hit a new low.
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