Addington Case update - Translate please?

[Tweaker]

USAPA NEWS FLASH

Ninth Circuit Court Rules In Favor of USAPA and Denies Plaintiffs’ Motion
Yesterday, August 3, 2010, the Ninth Circuit Court of Appeals denied a motion to stay the "mandate." The motion was filed by the plaintiffs in the Addington appeal after the Ninth Circuit denied their petition to reconsider its decision of June 4th. That decision found the Addington lawsuit unripe and ordered the district court to dismiss it for lack of jurisdiction. The "mandate" is an appeal court's final instruction to lower courts to follow its decision. Today's ruling clears the way for the final action of the Ninth Circuit to actually issue the mandate, which is expected to happen within the next seven days. At that time the district court will be required to dismiss the remaining portions of the Addington case. Then the plaintiffs may petition the U.S. Supreme Court, so long as they do so within time limits already running.

 

[Tweaker]

Does this mean that the case will essentially have never happened?

I guess the EAST/WEST legal battle just got warped back about 1.5 years?

I have very little faith that a new contract with a single seniority list and contractual improvements over this maggot-infested, puss oozing CBA that I had the displeasure of toiling under for 5 short months is going to come to fruition within the next 12 months!

Management - 87
Peasantry - 0

 

[St. Nic]

It means the west lost the case and USAPA is free to integrate according to our CB&Ls- DATE OF HIRE

 

[grog_sit_reserv]

St Nic == Retard

Not what it means at all. The case wasn't ripe. If usapa neg's a doh contract than it will be "unquestionably ripe" and then there will be a retrial.

 

[Cowboy75]

St Nic == Retard

Not what it means at all. The case wasn't ripe. If usapa neg's a doh contract than it will be "unquestionably ripe" and then there will be a retrial.

St Nic and his crowd kind of remind of those Looney Tune cartoons. I picture the USAPA crowd as the Wiley Coyote that is is always getting outsmarted by the Road Runner.

It will probably be over St Nic's head since he is most likely too young to remember the series. Probably in the Ninja Turtle generation as one of those angry FO's hired in the late 90's.

 

[rumrunner300]

Writ of Mandamus

A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is issued by a superior court (appellate court) to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.[1]
Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be.

The timewarp comment is exactly right.

rr

 

[xanderman]

Does this mean that the case will essentially have never happened?

I guess the EAST/WEST legal battle just got warped back about 1.5 years?

I have very little faith that a new contract with a single seniority list and contractual improvements over this maggot-infested, puss oozing CBA that I had the displeasure of toiling under for 5 short months is going to come to fruition within the next 12 months!

Management - 87
Peasantry - 0

Well here is my take...

Addington lost on appeal to the 9th Circuit. The case is not ripe. Yet... Basically what the 9th said was that USAPA is "as free" to bargain away from the Nic as ALPA was. However, if USAPA chooses that path and implements a DOH list then the Addington complaint instantly becomes ripe. DFR 2 will be litigated and considering the ample evidence and experience with this particular complaint it would not surprise me to see a slam dunk (don't get your panties twisted, it's just my opinion). Keep in mind too that the company has asked the District Court for an opinion regarding their liability. Can they be sued by the Addington class if they agree to a DOH list? That is just one of the three questions they asked of the court. So that in and of itself muddies the waters a bit. I suspect that USAPA will try their damnedest to close a contract with DOH now that they are free to. Frankly I welcome it. It just means that DFR 2 is that much closer and we can get the justice we seek. Regardless of what StNic spews on this board he seems to forget that there are four quarters in this game of smashmouth and it's only quarter number 3...

 

[TWA Dude]

Does this mean that the case will essentially have never happened?

No. All evidence and testimony from the original trial can be reused and that turned out to be a slam dunk. No guarantees but suffice it to say if we have to go to trial again chances are good for a repeat verdict.

I guess the EAST/WEST legal battle just got warped back about 1.5 years?

More like two years but essentially yes -- except for the pending litigation filed by the company. I find it very unlikely a judge is going to tell the company they're absolved from liability if they accept a non-Nic list. If the company refuses to negotiate a new list from USAPA it'll be obvious that little experiment in dumping ALPA failed.

 

[Ty Webb]

I think the whole thing is "overripe" and reeks. Too bad the USAirways guys weren't of the same caliber as the DAL and NWA pilots, this whole thing would have been avoided.

Is there anyone on Flightinfo, other than a USAir pilot, who thinks these guys have a leg to stand on?

 

[St. Nic]

Nobody with a sound mind supports the west land grab

 

[gutshotdraw]

Nobody with a sound mind supports the west land grab

Then I guess every non-eastie pilot in the industry is whacked out of their mind. NOBODY in this business is on your side.

 

[Z_Pilot]

Is there anyone on Flightinfo, other than a USAir pilot, who thinks these guys have a leg to stand on?

From my observations, the USAir East Pilots, and USAPA have lost all respect and credibility from all pilot groups, as well as all other groups in the aviation industry.

 

[flybywire]

From my observations, the USAir East Pilots, and USAPA have lost all respect and credibility from all pilot groups, as well as all other groups in the aviation industry.

Ok a couple of things.....you have 2 guys hired June 1985 one at Airways the other at AWA, neither had ever been furloughed. It has been a couple of years now hearing it but I believe the AWA guy with the nic award is 1500 numbers senior to the Airways guy. Most of my friends at other airlines are shocked when they hear that.

They are also shocked when I tell them a west guy flipped me off during my walk around in LAX also that I was approached at my gate waiting for the paperwork a west guy starting yelling at me. A male pax got up and came over to help me.......considering I am a female my friends at other airlines get pretty pissed off when they hear that. But I am sure the west guys on here think those guys have integrity right? Or according to your statement every other aviation group would think thats ok right?

If you do not work for either side you really do not know all the facts. Even all of us here probably don't.

 

[Tweaker]

What would you "realistically" want to own/fly?

Okay, thanks for the back up, doodz. Apparently my mother was right, I should have become a lawyer. I already have the "I'm a heartless mud vane" thang down! I would not miss flying as I already have spent 3.5 years on the ground involuntarily, and I could certainly use my ill-gotten gains to buy a more pleasurable craft than any I have already flown.

Here is an FI.com 1st. I shall attempt to pre-emptively hijack my own thread in anticipation of the eminent East/West fecal microbursts.

I want to build my own kit plane. I used to want a 4-6 seater, but that really limits you, and I have come to have less desire to include some of my family members anyway.

Optimal - Amphibious Sea plane - Think Sea Wind http://www.seawind.net/

It is like that old 1950's thing that was so underpowered. I could go anywhere in style. No TSA, no FNG wonder wanker with 200 hours and a snotty nose. No galley hags. No flying by the "book" or I get up some tiny wang having authoritarian anti-pilot's bung. No jr. mans. No crew meals. No bed bug riddles overnights in Cornpone, NC. No "we don't interpret the contract like that."

I would go see the entire western hemisphere like Jimmy Buffet.

Or, I could go with a replica Spitfire or 7/8 scale F4U corsair, and live out my fantasies that got me into flying in the first place.

What would you "realistically" want to own/fly? I am on cloud 9 now that I may soon return to work, and 2013 continues to approach. I am allowing myself the luxury of dreaming again. Try it, it feels good.

 

[gutshotdraw]

That would be "imminent" fecal microbursts. There's nothing eminent about Airways...
but hijack away.

 

[Tweaker]

I sit corrected. Homebrew has, perhaps, ravaged the spelling portion of my mind.

 

[Deadalus]

It means the west lost the case and USAPA is free to integrate according to our CB&Ls- DATE OF HIRE

HahAHAh. No it doesn't. Take it from someone that went to lawschool. If that's what the USAPA lawyers are telling you I'd get some new lawyers. They're robbing you blind.

 

[Deadalus]

Ok a couple of things.....you have 2 guys hired June 1985 one at Airways the other at AWA, neither had ever been furloughed. It has been a couple of years now hearing it but I believe the AWA guy with the nic award is 1500 numbers senior to the Airways guy. Most of my friends at other airlines are shocked when they hear that.

They are also shocked when I tell them a west guy flipped me off during my walk around in LAX also that I was approached at my gate waiting for the paperwork a west guy starting yelling at me. A male pax got up and came over to help me.......considering I am a female my friends at other airlines get pretty pissed off when they hear that. But I am sure the west guys on here think those guys have integrity right? Or according to your statement every other aviation group would think thats ok right?

If you do not work for either side you really do not know all the facts. Even all of us here probably don't.

Hey airhead. You forgot to mention that the AWA guy was a senior captain and the US Airways guy was a reserve FO, didn't ya. Oh, don't forget US had one foot on a bannana peel and the other in liquadation.

 

[FNG320]

Originally Posted by St. Nic
It means the west lost the case and USAPA is free to integrate according to our CB&Ls- DATE OF HIRE

HahAHAh. No it doesn't. Take it from someone that went to lawschool. If that's what the USAPA lawyers are telling you I'd get some new lawyers. They're robbing you blind.

Actually the USAPA lawyer is correct. They are free to integrate according to what every method they desire. However, if it is anything other than the Nic award, they will again get sued and this time the conditions will be ripe and they will be again ordered to implement the Nic award. It will just cost them another ton of $$$$ to get slapped down again. However, this time there will be no basis for appeal and they will be another year or two without a joint CBA.

Just my opinion.......

FNG

 

[Tejas-Jet]

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