USAPA wins appeal!!!!!!

[charlie2]

Here fixed your wording for you........

Uhmm...if it was a slam dunk, why is getting dismissed?

Because the judges don't live in Phoenix!

 

[Crzipilot]

If you wish to find out you shall.

Don't really care to find out. didn't care to find out the first time. But alas that's where the road ended up.

I figure, in a few weeks, reality will sit in, and cooler heads will prevail on the west, and they will see the futility of fighting for the NIC. They will then have discussions with USAPA, and agreed upon integration can be brought forth. DOH with c/r's that protect both sides. Done and we move on....

 

[doh]

Clearly Crazy (pun intended) believes that the original arbitration award is set aside by this ruling. I don't believe it is. The ruling is strictly about "ripeness". I am not, nor have I ever been on a list flying any routes belonging to east or west, so I don't have a dog in this fight. My interest is in the legal side, and of course it is always such vicious fun to watch a cat fight!

 

[Crzipilot]

Nope, don't think it's been set aside. But facts are facts. They got their case dismissed, We can ride our wave of retirements and increase our incomes without sharing anything with the west. Simple as that.

Now if they would like to be included, they can agree to not sue under some mutually agreed upon version of seniority list ensconced inside a new CBA

 

[NuGuy]

Heyas,

No skin in the game, but I warned everyone pulling for the West side about the Ninth Circuit. There was a VERY specific reason the appeal was filed there, and that strategem paid off.

Nu

 

[charlie2]

Heyas,

No skin in the game, but I warned everyone pulling for the West side about the Ninth Circuit. There was a VERY specific reason the appeal was filed there, and that strategem paid off.

Nu

From what I understand it was the only place where an apeal could be heard???

 

[TWA Dude]

Uhmm...if it was a slam dunk, why is getting dismissed?

Read the original trial transcripts and the ruling from the 9th and if that doesn't help you I'll tell you: the DFR violation is obvious when it becomes ripe.

I figure, in a few weeks, reality will sit in, and cooler heads will prevail on the west, and they will see the futility of fighting for the NIC. They will then have discussions with USAPA, and agreed upon integration can be brought forth. DOH with c/r's that protect both sides.

You're making a mistake to think reordering the seniority list to favor the East isn't a violation of DFR. You're now free to utilize your tyranny of the majority to negotiate and ratify a CBA. But do you really believe we won't file for another injunction and get one? From what I know of USAPA I fully expect them to again try to get around binding arbitration. I also fully expect them to again fail.

 

[TWA Dude]

There was a VERY specific reason the appeal was filed there,

You're right. Arizona District courts are within the jurisdiction of the 9th. It would be a very poor strategy to appeal to the wrong court. Ask Mr. Seham about his "emergency" filing.

see map here:
http://en.wikipedia.org/wiki/United_States_courts_of_appeals

 

[Metrojet]

Easties: understand what this means. The injunction is lifted so USAPA is free to negotiate whatever list it likes, but, if it again violates the DFR an injunction will stop it. So in effect we're back to were we were when USAPA won its election. Enjoy your victory.

Twas -

This could have been a joint victory without the legal fees if the Westies just agreed to fences and conditions as previously offered.

So now we wait and see about LOA 93 pay adjustments.

Metrojet

 

[charlie2]

utilize your tyranny of the majority to negotiate and ratify a CBA.

and democracy kicks in!!!

http://www.youtube.com/watch?v=vlIm-riMN6Q