US Airways seeks declaratory judgement on pilot seniority issue

[TWA Dude]

AA has it's own train wreck to deal with.

You're right. Even buying TWA couldn't fix it.

 

[Guppiedriver]

Guppie - Please elaborate why you think hockeypilots' view is wrong - I say that could be a valid view

Metrojet

1. I followed the LOA 93 procedings.....USAPA's position is very weak and they know it.

2. It's just silly to think the company would wait this long to file a complaint for declaratory relief, just to trump the LOA 93 ruling.

3. See post #19, last sentence.

 

[cactusboy53]

Just thinking out loud:

If the arbitration between the company and USAPA (regarding LOA 93) came out in favor of USAPA, AND the company percieved the arbitration as UNFAIR.....would it be OK for the company to do anything it could to void the arbitration???????

 

[Guppiedriver]

Just thinking out loud:

If the arbitration between the company and USAPA (regarding LOA 93) came out in favor of USAPA, AND the company percieved the arbitration as UNFAIR.....would it be OK for the company to do anything it could to void the arbitration???????

Yes, a simple name change and poof, the arbitration is null and void.

 

[beechlive]

I wish I was a lawyer in this mess. I'd be rich.

 

[Deadalus]

Give us a fair arbitration and we will honor it. We don't submit to corruption and blackmail. Being an ALPA pimp, you probably wouldn't understand

HAHHAHAHHAAHHHAAHA! Give you a ruling that YOU want and you'll accept it? Has it ever occured to you that you might be in the wrong? Unbelievable.

 

[Deadalus]

I wish I was a lawyer in this mess. I'd be rich.

No kidding, I'd be making way more money.

 

[Carl S.]

Einstein, Airline contracts do not expire, they become amendable when the term expires(i.e. status quo) and remain in effect. The LOA 93 Hail Mary with"Freeze" used for snap backs is weak, but strange things can happen in arbitrations. Waiting for the USAPA spin from today's filing, word is case will go to Wake when the merits are reviewed.

 

[scoreboardII]

So I guess those promised "synergies" aren't working out to well?

 

[vetrider]

Give us a fair arbitration and we will honor it.

You got a fair arbitration dumbass. I don't recall that stipulation where Nicolau was to send you draft after draft until you approved it.

 

[vetrider]

Yes, a simple name change and poof, the arbitration is null and void.

Maybe going back to USAir would do it.

 

[Grandpa +65]

Give us a fair arbitration and we will honor it. We don't submit to corruption and blackmail. Being an ALPA pimp, you probably wouldn't understand

The issue was already decided in a BINDING ARBITRATION process agreed to be the East Pilots, the West Pilots . But the east didn't like THE FINAL DECISION and threw a TANTRUM:bawling:



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[Cowboy75]

How will the USAPA spin machine handle this?​

33. If US Airways agrees to USAPA’s position on the integrated seniority list, the West Pilots will seek legal recourse against USAPA and US Airways. According to counsel for the West Pilots, the West Pilots assert that, following the Ninth Circuit’sripeness decision in Addington, “nothing has changed regarding the validity of the Nicolau Award and its proper inclusion into a single collective bargaining agreement for all US Airways Pilots.” The West Pilots “will be watching the negotiations carefully.”And, according to their counsel, “they will act if US Airways and USAPA agree to a seniority proposal” that does not reflect the Nicolau Award. The West Pilots have further threatened that US Airways would be held liable for “facilitat[ing],” or “assist[ing],”USAPA’s alleged breach of the duty of fair representation if it were to accept a non-Nicolau seniority list.​

 

[johnnyb]

Einstein, Airline contracts do not expire, they become amendable when the term expires(i.e. status quo) and remain in effect. The LOA 93

You are correct about contracts becoming amendable. This is a Letter of Agreement (LOA)

It is a big difference: with US Air, Piedmont and even America West having long histories of date certain, temporary modifications to the contract.

 

[Cowboy75]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don ADDINGTON; John BOSTIC;
Mark Burman; Afshin IRANPOUR;
Roger VELEZ; and Steve WARGOCKI,
on behalf of themselves and all other
similarly-situated individuals,
Plaintiffs,
vs.
US AIRLINE PILOTS ASS’N, an
unincorporated association,
Defendant.
CASE NO. 28-CV-01633-PHX-NVW
CASE NO. 2:10-CV-01570-PHX-ROS
PLAINTIFFS’ MOTION TO TRANSFER
RELATED CASE, PURSUANT TO
LRCIV 42.1.


Plaintiffs Don ADDINGTON; John BOSTIC; Mark Burman; Afshin IRANPOUR;
Roger VELEZ; and Steve WARGOCKI, on behalf of themselves and all other
similarly‐situated individuals, file this motion to transfer related case US Airways
v. Addington, Case No. 2:10‐cv‐01570‐PHX‐ROS (“US Airways”), to this Court
pursuant to LRCiv 42.1. The Court should accept the transfer of US Airways because
it “(1) arise from substantially the same transaction or event; (2) involve
substantially the same parties . . . ; [and (3)] call for determination of substantially the same questions of law.” Id. This Court has already expended substantial judicial resources familiarizing himself with all the parties, issues and law that will be involved in US Airways. If US Airways is not transferred to this Court, its resolution could entail 2 substantial unnecessary duplication of judicial effort.

Looks like Judge Wake (Easties know him as the Desert Judge) may be welcoming USAPA back in his Phoenix courtroom.

 

[Hpilot]

Here is my hunch. With separate pilot groups, no-one wants to be the one to merge with that mess. If Dougie can get a judgment, and force them into one group...THEN he can marry the ball of crap off to AA and let the pilot groups be their problem!

Ding, ding, ding, weeee have a winner. Poor Doug wants to sell this pig off. The problem is the pig is split in two with the hindquarters runing around in circles with a big yellow DOH sticker stuck on it and pooping all over itself.

 

[redflyer65]

The problem is that USAir management can't side with either group yet, although they worry that the NIC award will eventually win out.. If they side with the East now, when the courts uphold NIC, the company will be facing numerous lawsuits.

The East is going to fail in the end, one way or the other. Sooner or later, and it's already been muuuch later.

Both groups were ALPA when this thing started. The USAPA arguement doesn't hold water. BINDING arbitration will be upheld.

 

[St. Nic]

The problem is that USAir management can't side with either group yet, although they worry that the NIC award will eventually win out.. If they side with the East now, when the courts uphold NIC, the company will be facing numerous lawsuits.

The East is going to fail in the end, one way or the other. Sooner or later, and it's already been muuuch later.

Both groups were ALPA when this thing started. The USAPA arguement doesn't hold water. BINDING arbitration will be upheld.

You sir will be proven wrong. Stay safe!

 

[Metrojet]

"Marty Harper - attorney for the "West Plaintiff's" said this to thestreet.com-

"Whatever comes out has to be fair to both side," Harper said. He suggested that perhaps USAPA can devise "fences," or protections that entitle pilot groups to retain their existing flying but said that so far, USAPA "has not come up with fences that would be real."

So, was he authorized by the plaintiff's to express that view or is he just shooting from his own hip?

Metrojet

 

[Ocity]

"Marty Harper - attorney for the "West Plaintiff's" said this to thestreet.com-

"Whatever comes out has to be fair to both side," Harper said. He suggested that perhaps USAPA can devise "fences," or protections that entitle pilot groups to retain their existing flying but said that so far, USAPA "has not come up with fences that would be real."

So, was he authorized by the plaintiff's to express that view or is he just shooting from his own hip?

Metrojet

Marty was misquoted by the USAPA lap dog named Ted Reed. They've already sent a blast email to West pilots that as far as the legal team is concerned, there is no moving from the nic. Period. Ted Reed is a former East employee, a hack, and a generalised D-bag.