AMR also believes that the west pilots case is ripe!

[Bringupthebird]

I am waiting for the first APA meeting where the CLT and PHL reps try to pull their stunts at the adults table. Perhaps their constituents will remember Bonehead Pilot Regiment's lackluster performance and hire professional representatives.

 

[Bringupthebird]

Sure, you guys have been quite accurate on all your predictions over the years. "You won't even get 200 cards......."

Kasher will pay!
Full Pay to the Last Day
Pension Investigation

Do I need to go on??

 

[Crzipilot]

When you two live birds can bid Clt Phl or dca. Then you got room to. Talk. Until that time you are essentially on te outside looking in, wondering why the lottery commisoner won't let you inside to cash your ticket.

This is your hurrah. The beat down to the east as you fine fellows out it. That we would be crying after the 14th. Instead it looks like a big block off of your foundation has fallen into the ocean. And the little Spartans are sliding with it.

Up to every decision and court date the west cheerleaders come out in force. Explaining how the east is wrong an the judge will show that. Then magically. The court doesn't act as the west predicts, They fall silent. Regroup. And come out with, We'll now this next one will be it.

Give it a rest and admit none of us knows how the hell this will turn out
No matter what your opinion is. Because most I those on the west has been wrong, time and time again

 

[ableone]

CM's take on events;

I have read the transcript and there is a lot to chew on. There are a number of key points.

1. There were no objections to permitting the new American Airlines to intervening.

2. A status report by the parties must be submitted to the court regarding settlement discussions that have basically not occured. This is interesting. With the exception of Marty Harper offering to have an arbitration on whether or not the Nicolau Award has to be used in the upcoming M-B SLI there have been none. This clearly does not bode well for USAPA and Judge Silver appears miffed that this did not occur. It will be very, very interesting to see what the parties present in less than one week to the court by close of business on Tuesday, May 21st.

3. How can USAPA provide a settlement report when their C&BLs require DOH? USAPA has a mandate to seek DOH, which Judge Silver appears to believe is DFR. How will USAPA address this issue?

4. Judge Silver seems to respect Bob Siegel and she seemed to get that the DFR claim is now "ripe" after listening to US Airways' counsel. Siegel's description of the APA Green Book and MOU being a JCBA, except for basically implementation issues such as PBS, appeared to resonate with Judge Silver. And, Pat Szymanski attempted to say the Green Book & MOU was not a contract and the DFR claim was not "ripe", but she would not hear to much from him.

5. Russ Blackwell wrote a compelling review and I believe he's hit the head on the nail. Silver wants this case settled and she's looking for resolution. In my opinion, if USAPA does not come off of their DOH demand and provide a settlement option, that Addington/West Pilot Class can agree to, Silver will issue a DFR order against USAPA.

6. USAPA's PHX-based pilots could have their opportunity to seek a remedy for USAPA reneging on a final and binding agreement because Silver wants the Addington Group to provide a "briefing on what the remedy could or should be if she found a violation of the duty of fair representation."

7. Judge Silver wants to see resolution, which is why she ordered the parties to provide opening briefs on whether the Court has the authority to order that the West Pilots will be a party at the McCaskill-Bond process after listening to Bob Siegel. If Judge Silver orders a 3-way M-B SLI arbitration with 3 different Merger Representative Parties (APA, East Pilots, & West Pilots), USAPA will lose control of the East-West process. And, per Bob Siegel's CAB description there would be no APA or USAPA input, there would 3 Merger Representative Committee's, the West pilots will control their own M-B SLI input, DOH will likely not be an issue, the East pilots will lose their 517 positions at the top of the Nicolau Award list for widebody credit, and the West Pilot Merger Representatives could actually see an even better SLI than the Nicolau Award. What's interesting is that the West Pilot Merger Representatives could re-introduce the Nicolau Award or another suggested East-West list -- it would be their option.

It is clear why Pat Szymanski is vehemently opposed to the West pilots representing them self, but it appears that if the logistics can be worked out and a 3-way M-B SLI proceeds USAPA's PHX-based pilots will control their own M-B SLI arbitration without USAPA's heavy hand and the East pilots, especially those hired between 1984-1988, could be worse off with the M-B Award than if the Nicolau Award had been implemented.

Regards,

CM

 

[Carl S.]

Crzipilot, slow week on E190 F/O reserve in PHL? Lots of posts from a crewroom JD who is spraying info all over the boards that the NIC. is dead but DOH is alive and well in USAPA dreamland!!! The transcripts are just the start to a new round of litigation, nothing has been ordered or ruled on, even the initial injunction...USAPA's motion to dismiss is still in play along with the company's request for release so lets see where this goes Mister F.Lee Bailey Jr.

P.S.- who is on this USAPA ad hoc committee to negotiate seniority next week and who picked the members? DOH is all they can do per the USAPA CBL's...nice

 

[Guppiedriver]

Back a few pages, I asked, what's agreeable to the west? all I've seen is NIC or nothing..

Crzi,

Considering that USAPA's C&BL's demand that they integrate via DOH principles / methodology...what will be agreeable to the east?

Now that you understand that Judge Silver has not written an order for compromise...did you also realize that she did not order a compromise between USAPA and AOL the last time we appeared in her court, even though she said she did in the quoted transcripts below?:

THE COURT: Okay.
So, in other words, they, then, didn't comply, as far
as you're concerned, with my order either, which was that USAPA did not have to adopt only the Nicolau Award but had to be fair.
So they stymied you. They were the wall as far as
you're concerned and your client is concerned?
MR. SZYMANSKI: And they are still there, Your Honor.
They have not changed their position

She was very confused. I was stunned when Szymanski played along with her as if she did order us to compromise.

 

[Bringupthebird]

So what will Szymanskys response be when the judge asks, "Well, did you even hold a vote on a contract which included the Nicolau award? You have the ability to do that and prove objectively that your pilots will reject a contract that may have substantial improvements, but contains the Nicolau award. And yet you didn't do it? How can I ask the west pilots to negotiate away from an award that has not been actually formally rejected? Are you afraid the pilots would accept the Nicolau award as a means to higher pay? The MOU was, by itself neutral on seniority, but you must have known that as a single agreement, it had the potential to trigger the implementation of the Nicolau award, and yet you accepted it almost unanimously.

Judgement for the plaintiffs. The TA stands. I can see nothing that justifies setting aside the Nicolau award and it's implementation. Failure to do so will constitute a failure to represent the west pilot group and subject USAPA to substantial penalties."

That sounds more reasonable than, "Don't cry, baby, Mama's here!"

 

[pave driver]

The NIC nor DOH will be used.

 

[becket]

The NIC nor DOH will be used.

Disagree

 

[sean67]

The NIC nor DOH will be used.

Agree