AAA-West En-Banc appeal

[MCDU]

I'm just trying to help disseminate information regarding our legal battle to those parties that are interested. The Ninth has ruled ONLY that the case is not ripe. As such the West pilots are forced to see what USAPA offers in a contract. We also must wait and see exactly what the company will counter-offer. I think LCC management was waiting for the courts to tell them how to handle the seniority. Now LCC has to make a decision.

It is no secret that our legal bills are in the red. Each of us send in what we can, and as I mentioned previously....pilots from other airlines also send in contributions. This (unfortunately) will be a long and drawn out battle between the east pilots that feel they can renege on a process by simply switching collective bargaining units, and the west pilots that went into the process with the thought that all parties were could be trusted to go along with the dictated merger policy.

It's all about what you said you would do. No about what is fair or not fair. If we go by that measurement, then I think the number one pilot should have been an America West pilot.....but we agreed upon a process.

I guess the thing that is truly uncool (IMHO) is:
1. All AWA pilots must pay USAPA union dues in order to keep our jobs (by contractual obligation). No pay, no job.
2. USAPA freely spends "our" union dues in litigation against our pilots (on two fronts: The RICO lawsuit against a couple dozen AWA pilots, and in defense of the DFR lawsuit...now simply deemed "not ripe").
3. ALL litigation in defense of seniority and persecutory RICO is being footed by the AWA pilot group alone.

USAPA and the company are in mediated contract talks presently. We could see a contract offer to vote on (including the mystery seniority list) within the year.

A real monkey wrench is the snap-back. If a arbitrator sees USAPA's point of view, and awards snap-back wages for the east......that will change the dynamic even further.

It's going to be an interesting year.

Little bit of a more realistic posting Cactusboy.

You know that everything you predicted so far on this Flightmissinfo turned out to be completely wrong. It must be wishful thinking on your part. Everything the Westies on here predicted so far has been 100% wrong. This latest post is a little bit more factual. Bravo.

The DOH list with the C and R will insure that all your Capt jobs and everything you brought to the merger stays intact. What it will not allow is for a 2005 hire come to CLT and bid ahead of someone hired in 1988. Just wait your turn. I know the greed and the advancement entitlement is part of mentality the PFT generation exhibits on this board.

Furthermore, the 9th Circuit views the Nicalou as a proposal created by a process of the previous bargaining agent.

M

http://openjurist.org/981/f2d/1524

 

[Ocity]

Little bit of a more realistic posting Cactusboy.


The DOH list with the C and R will insure that all your Capt jobs and everything you brought to the merger stays intact. .

Furthermore, the 9th Circuit views the Nicalou as a proposal created by a process of the previous bargaining agent.

M

http://openjurist.org/981/f2d/1524

Except for that small little thing that when US Airways hits the financial skids again, which it has a regular habit of doing, all of those who were employed at the rescuing airline are now out of a job being transplanted by those with more time on furlough than actual service. Sorry. Eff with the Nic, and you're heading straight back to court. Remove the ripeness issue and what do you have? Permanent Injunction. History PROVES it.

The 9th didn't green light anything. Everything is now a proposal. Ratify DOH to the discriminatory detriment of the West and you have an "unquestionably ripe" DFR which will be filed the day ratification is completed. USAPA hasn't won ANY legal battle. Ripeness is not a "win" when you're constitutionally committed to a DFR.

Financial Issues haven't stopped AOL once...EVER. There are very few people that know what AOL's financial status is and the lawyers keep working.

 

[cactusboy53]

Little bit of a more realistic posting Cactusboy.

You know that everything you predicted so far on this Flightmissinfo turned out to be completely wrong. It must be wishful thinking on your part. Everything the Westies on here predicted so far has been 100% wrong. This latest post is a little bit more factual. Bravo.

The DOH list with the C and R will insure that all your Capt jobs and everything you brought to the merger stays intact. What it will not allow is for a 2005 hire come to CLT and bid ahead of someone hired in 1988. Just wait your turn. I know the greed and the advancement entitlement is part of mentality the PFT generation exhibits on this board.

Furthermore, the 9th Circuit views the Nicalou as a proposal created by a process of the previous bargaining agent.

M
http://openjurist.org/981/f2d/1524

I've specifically predicted NOTHING. I have followed the litigation pontificated on potential outcomes. The end result of this will be knowledge that East pilot's can not be trusted by word or anything that they sign. I welcome both USAPA's attempt to get a DOH or DOH-lite (C&R's), and LCC's decision on the same.

I stand by my group and our word is our bond. Marty, I know this will sound pious but regardless of the final outcome of these events....there is one court that no one escapes judgement. I try very hard to live my life keeping in mind that NOTHING I do is hidden.

BTW, once again you are WRONG. Judges Wake and Bybee disagree with USAPA. The other two judges believe the case is simply not ripe (YET), but relay that once the seniority is altered or changed, it will be "unquestionably ripe". The only thing that the ninth did say about the Nicolau award was that USAPA is as free as the previous agent to negotiate seniority (meaning that ALPA was NOT free to negotiate away the Nicolau award).

I think in the end, you will be truly surprised exactly how many west pilots show up in PHL, CLT & DCA.

Since you are CLEARLY not involved, why exactly do you care??

Have a wonderful day, I will keep you and yours in my prayers.

Dave

 

[Bringupthebird]

The 9th simply said that USAPA's intent to DFR the west wasn't the same as an actual DFR. They didn't see USAPA's constitutional requirement for DOH.

Maybe they figured USAPA wouldn't be any better at following their own rules than they are following anyone else's. USAPA's history has proved them right.