US Airways Appeal

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Quote: If this decision stands then what is to prevent the company from disregarding binding arbitration that is favorable to labor?
Airlines can not disregard binding arbitration, any more than they can escape from a binding contrac....oh, wait...never mind.
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Quote: Sounds like the best thing for Parker to do at this point is go to BK and force a contract/seniority list that's best for the company.
While a company use to be able to abuse the BK laws for that purpose, not anymore.
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Quote: The Easties should temper their exuberance. If this decision stands then what is to prevent the company from disregarding binding arbitration that is favorable to labor?
Don't they already do that with contracts? Look around, they have been using the arbitration/mediation system for years to avoid compliance with pilot contracts.
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This arbitration was simply a step in a internal union policy, it was not legislatively required by law, nor was it by court order, and unlike union/company arbitration, is not governed by the RLA.

It was simply part of a policy of a union that was replaced, and thus the policies were replaced.

There was nothing legally required about it and only had meaning as condition of membership. No different than being in a country club, being unsatisfied with the benefit of membership and taking your money elsewhere.

USAPA still has obligation as any union to its member but as it says in the ruling, an obligation to both East and West. When and if there is a lawsuit down the road, it will be judged on its own merit and only as it relates to finding an acceptable solution to all of its members. Unions are given a latitude to operate within a "wide range of reasonableness" in creating and administering polices. Longevity based integrations have never been overturned in a DFR case. So, it is likely that USAPA with a DOH policy + the 10 year conditions and restrictions proposed protecting all the West Captain jobs and rights to upgrade into them out of seniority and immediate access to East flying by DOH will likely be found within a "wide range of reasonableness."
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The only thing that has even a fighting chance to ever solve this case with finality is the most powerful force that there is. The one thing that nothing, not even a high powered legal team can stop .........time. Eventually the more senior Pilots on both sides will hit 65, start retiring and slowly, very slowly, over time the group dynamics may change.

Scoop
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Quote: I guess binding doesn't mean binding....
That obviously did not convince a federal appeals court. In other words, it was not that simple.
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I believe the age 65 ruling will kick in around December of 2012. It has affected my company (SWA) big time. Every airline has had some sort of problems with it. I am with Scoop, this will only help US Airways in several years.....

Good Luck.
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Quote: While a company use to be able to abuse the BK laws for that purpose, not anymore.
Considering U's present and future financial situation, it would be fairly easy for them to use the BK laws PROPERLY to regain operational control of their airline from the hostage situation currently being waged by infantile idiots.

I think it's already overdue.............it's time for Parker to either grow a pair and take back his airline or chop it up and part out the assets sans employees.
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Actually US Airways financial performance in the 1st qtr was better than UAL or CAL and they had an operating profit, despite the greatest impact to their system by the winter's Noreasters. Their unrestricted cash increased by over 100 million. They are projected to make Net profits of 160 million and 125 million in the 2nd and 3rd quarter respectively with annual profits of around 300 million for 2010 and 400 million in 2011. Anything can change but Parker won't be able to play that card for at least the next several years absent an unknown event.
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Quote: Considering U's present and future financial situation, it would be fairly easy for them to use the BK laws PROPERLY to regain operational control of their airline from the hostage situation currently being waged by infantile idiots.

I think it's already overdue.............it's time for Parker to either grow a pair and take back his airline or chop it up and part out the assets sans employees.

You seem to be emotional about this but LCC can't do BK for what you describe. I wish there was a pilot group in control of thier profession but I don't think it is the east LCC folks since thier contract is so poor.

You ever thought Parker approves of the east folks position since he benefits from it on the cost side? He doesn't care about the first pilot's career on that property.

You folks got the wrong enemy in your sights! "infantile idiots", how silly is that?
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