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AMR also believes that the west pilots case is ripe!

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Gee CRZI, alot of posting there just to say that USAPA has been ordered to negotiate against themselves. Any compromise they make brings them closer to the NIC and defies their so-called constitution. The AOL lawyers aren't actually negotiating anything. USAPA will be forced to continue to whittle away at DOH until the AOL plaintiffs are satisfied enough to abandon the case.

Guess where that will be :)


Again, WOW bird, how do you get that out of the transcripts? Go ahead and sit there and not move off the NIC, roll the dice and see what Silver decides to do to you and the West lawyer. I have a feeling if it comes back to her that USAPA and company sat down, and tried to put alternatives on the table, and all the West said was no, no, no, Nic only, she will not be too happy.

With your comments I have a feeling your life is going to be a long dreary affair after all this is over......Will you ever come out of the denial phase?
 
Crzipilot:

I know I've said several times but you're still stuck in the same rut. Silver hasn't ordered any negotiations and if she did everyone knows it'll come to naught. Suffice it to say that even on the Westie message board there's a lot of disagreement over the meaning of her comments. So until she issues a written order we really can't be sure what she's thinking.

She's read all the written briefs so the hearing is her chance to get non-canned answers. To that end judges often employ strategies such as using hypotheticals, playing devil's advocate, or anything to throw lawyers off guard. In doing so it can appear that they're favoring one party but you simply cannot make that assumption. You're hanging on the words of her questions as if she's issues orders. Lawyers know better than to be so presumptuous.
 
I will agree that there isn't a written order, though for some reason she thought there was. She seems to be leading the horses to the water, without coming out directly and saying it. Obviously from her comments she is hinting VERY strongly the NIC does not have to be used, she is also saying STRAIGHT DOH may or may not be fair. On those aspects she told Marty to stop being stiff legged and sit down and figure something out. If his legs don't bend, I believe she will make them bend at the next hearings.

Again, is Marty going to bend at the knees or has the west pilots tied his hands at the point that he can't bend? And a judge will have to force him to?


Oh and TWA, do you have JD? or any other experience which would make you a prominent knowledge of how the courts and judges operate? Or is this just pass through from your legal team etc?
 
Oh and TWA, do you have JD? or any other experience which would make you a prominent knowledge of how the courts and judges operate? Or is this just pass through from your legal team etc?
I do not have a JD and I am indeed paraphrasing what legal types are saying. My old man is a trial lawyer too and we discuss.

In any case, you're still reading a lot into Silver's comments that have yet to be substantiated. Best wait and see what she orders.
 
Well now that's the first common sense thing I've heard out of the west side yet. It gets a little old hearing repeatedly, NIC is gonna be shoved up your a.. and yet....there has yet to be a basis of it......

Now whether or not she's right or even has the power to do so, or if she even understands the position, she seems to be prodding all to to sit down and come up with something agreeable to both sides and move on.

Back a few pages, I asked, what's agreeable to the west? all I've seen is NIC or nothing..
 
...she seems to be prodding all to to sit down and come up with something agreeable to both sides and move on.
That's what all judges do.
Back a few pages, I asked, what's agreeable to the west? all I've seen is NIC or nothing..
I guess you forgot we already had a negotiation session. Upon failing to reach agreement both sides tasked Mr. Nicolau to decide. We're entitled to the Nic list and we won't yield to your treachery.
 
And as the judge and judges have said. It doesn't necessarily have to be the Nic award. So here we are back at the beginning again. Guess you guys will have to wait till the SLI with APA is completed to start the DFR again.....
 
And as the judge and judges have said. It doesn't necessarily have to be the Nic award. So here we are back at the beginning again. Guess you guys will have to wait till the SLI with APA is completed to start the DFR again.....

If it goes to a 3 way it will not be good for the East. A straight staple, as it should have been in 05, will be our opener and it will come out to a 1:1. I would be begging for the NIC if I were you.
 
Sure, you guys have been quite accurate on all your predictions over the years. "You won't even get 200 cards......."
 
And as the judge and judges have said. It doesn't necessarily have to be the Nic award. So here we are back at the beginning again. Guess you guys will have to wait till the SLI with APA is completed to start the DFR again.....

Your USAPA progammers made an error in your software. Whatever the final SLI between US/AWA is, it cannot be any less advantageous to the west than the Nicolau. You could simply staple the entire US seniority list below the AWA pilots and that would work. But no judge has given USAPA free reign at a do-over as they please.

If they had, don't you think you would have seen a vote for a CBA with DOH in it many years ago?
 
I wish Harper had asked for the results of the voting that proved a contract with the Nicolau award in it wouldn't pass. The crux of the USAPA argument is that Nic would never pass, yet they provide no such proof.

Except the MOU.
 
As usual the Easties dumb themselves down to chest-thumping. If the Nic is dead it must have nine lives since it keeps being discussed in court.
 

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