BigMotorToter
Well-known member
- Joined
- Mar 5, 2004
- Posts
- 257
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The APA B.O.D. just voted to file a lawsuit to reverse the Nicalou ruling.
It was unanimous, 18-0, which is rare.
This isn't over folks.
Unfortunately, this is purely a feel-good move and the APA BOD knows it. Barring evidence of impropriety judges won't touch an arbitrator's award. Don't take my word for it either, ask any competent attorney (which excludes one Lee Seham). No matter how much it sucks binding actually does mean binding.This isn't over folks.
Seriously, this is pretty lame. APA had hundreds of pilots flow back to AE..... just be adults and honor the agreement both ways.
Look, there's no doubt the arbitrators were in La La land on these rulings but simply being unfair doesn't a court case make. Some aspect of contract law has to be violated for a judge to touch this. Problem is, arbitrators are the ones tasked with interpreting those contracts and judges usually defer to their opinions. If we're lucky we can get a delay out of a lawsuit but that's it.mistakes were made , flawed reasoning, ignored testimony, improper inferences ...etc etc etc..
AE ALPA sued back in 2003 to prevent the flow backs from going to Eagle. Hundreds of pilots were denied their contractual rights to flow back for over 4 months while the lawsuit went through the motions. Because of that most never went to Eagle as they were supposed to.
Where were the Eagle adults then?
Honoring the agreement would mean that Eagle pilots can flow when there are "New Hire Classes". Classifying TWA pilots as "New Hires" just so Eagle pilots can flow during "Recall Classes" is absurd, and yes arbitrators have been overturned in the past due to gross negligence of their rulings. Arbitrators are not untouchable.
The Law of Unintended Consequences:
The Eagle Pilots now get to cut in line like they wanted.
What if this does get overturned, do they get to go back to Eagle? I don't know, can anyone say for sure. Is it worth it to gamble with your career?
Eagle pilots get to stay.
Life will not be fun. Eternal reserve on the most junior airplane in the most junior bases. Many will go to STL were you are not wanted or liked. In fact you’re not wanted or liked anywhere in the system. Not because they hate Eagle pilots, it's just that AA just furloughed again and there are over 1900 still furloughed and here some big shiny jet syndrome line cutter comes in and takes the job of a furloughee. I hate to say it but you will be treated like a scab. The flow up list has already been published on C&R ( The APA's message board) to be copied and carried by all those pilots who want to.
Again the bitterness is not the fact you have a right to come over, you do, but only during "New Hire Classes" which is what the agreement says. Changing the definition of "New Hire" is not legitimate, and the APA feels a Judge will see it the same way.
The Eagle Pilots now get to cut in line like they wanted.
What if this does get overturned, do they get to go back to Eagle? I don't know, can anyone say for sure. Is it worth it to gamble with your career?
Eagle pilots get to stay.
Life will not be fun. Eternal reserve on the most junior airplane in the most junior bases. Many will go to STL were you are not wanted or liked. In fact you’re not wanted or liked anywhere in the system. Not because they hate Eagle pilots, it's just that AA just furloughed again and there are over 1900 still furloughed and here some big shiny jet syndrome line cutter comes in and takes the job of a furloughee. I hate to say it but you will be treated like a scab. The flow up list has already been published on C&R ( The APA's message board) to be copied and carried by all those pilots who want to.
Again the bitterness is not the fact you have a right to come over, you do, but only during "New Hire Classes" which is what the agreement says. Changing the definition of "New Hire" is not legitimate, and the APA feels a Judge will see it the same way.
Thank you for posting the truth.
The APA B.O.D. just voted to file a lawsuit to reverse the Nicalou ruling.
It was unanimous, 18-0, which is rare.
This isn't over folks.
AE ALPA sued back in 2003 to prevent the flow backs from going to Eagle. Hundreds of pilots were denied their contractual rights to flow back for over 4 months while the lawsuit went through the motions. Because of that most never went to Eagle as they were supposed to.
Where were the Eagle adults then?
Honoring the agreement would mean that Eagle pilots can flow when there are "New Hire Classes". Classifying TWA pilots as "New Hires" just so Eagle pilots can flow during "Recall Classes" is absurd, and yes arbitrators have been overturned in the past due to gross negligence of their rulings. Arbitrators are not untouchable.
The Law of Unintended Consequences:
The Eagle Pilots now get to cut in line like they wanted.
What if this does get overturned, do they get to go back to Eagle? I don't know, can anyone say for sure. Is it worth it to gamble with your career?
Eagle pilots get to stay.
Life will not be fun. Eternal reserve on the most junior airplane in the most junior bases. Many will go to STL were you are not wanted or liked. In fact you’re not wanted or liked anywhere in the system. Not because they hate Eagle pilots, it's just that AA just furloughed again and there are over 1900 still furloughed and here some big shiny jet syndrome line cutter comes in and takes the job of a furloughee. I hate to say it but you will be treated like a scab. The flow up list has already been published on C&R ( The APA's message board) to be copied and carried by all those pilots who want to.
Again the bitterness is not the fact you have a right to come over, you do, but only during "New Hire Classes" which is what the agreement says. Changing the definition of "New Hire" is not legitimate, and the APA feels a Judge will see it the same way.