AMR also believes that the west pilots case is ripe!

[Bringupthebird]

Kirbys crew news comment was after the Effective date there is no east or west. Read into that what you want.

 

[Dornier 335]

(...) Read into that what you want.

What about my two Hate Threads that I crafted with tender loving care? Why were they deleted? (sob)

 

[Dornier 335]

USAPA Update

(note: links have been disabled)



Yesterday (May 9) AMR filed a motion in the Bankruptcy Court to approve, among other labor agreements, the MOU that was ratified by USAPA members on February 8, 2013. Click here to read the Motion and supporting papers. This is a normal action in a bankruptcy proceeding in that all contracts reached during the pendency of a Chapter 11 proceeding must be approved by the Bankruptcy Court.
The Motion sets May 23 as the deadline for any interested party to file an objection to the approval of the agreements and May 30 as the date for a hearing before the Bankruptcy Court on the Motion.
We expect the Motion will be approved. We will keep you informed of any significant developments concerning the motion.
New Addington II postings in the Legal Library from May 9, 2013:
Doc 63, US Airways Non-Opposition to AMR Motion to Intervene:
We fully expected US Airways to agree with AMR?s Motion to Intervene.
Doc 64, US Airways Response to Plaintiffs Motion to Consolidate PI Hearing with Trial on the Merits:
US Airways agrees that it is appropriate to consolidate trial on the merits, with the May 14 hearing on the motion for Preliminary Injunction. We are not surprised. This is an attempt to shortcut the normal District Court process that provides for an answer to the complaint, discovery, and reasonable and adequate notice before a trial on the merits. After years of delay in negotiations and continuing efforts to delay resolution of the appeal from Judge Silver?s decision in the Declaratory Judgment Action, now US Airways wants to expedite matters. As we said in a previous message concerning recent filings, a motion of this sort is rarely if ever granted, where, as in this case, there has been no answer, no discovery, and no reasonable advance notice. (Plaintiffs Motion to Consolidate (Doc 60) was filed on May 8, less than a week before the hearing.) We are confident that this matter and all other matters before Judge Silver will be decided on the facts and the law, and not on what US Airways wants, or AMR wants, or on how many parties weigh in on a particular position. Judge Silver?s court is a court of law, not a political referendum.
Doc 65, USAPA Reply in support of USAPA Motion to Dismiss:
This is USAPA?s Reply to the Plaintiffs? Opposition to USAPA?s Motion to Dismiss. USAPA?s Motion to Dismiss is Doc 44; Plaintiffs? Opposition is Doc 52. There are two main points to the Reply:

• The Court previously decided that USAPA is not tied to the Nicolau Award which was an internal proceeding, binding only on the previous bargaining representative. The Court's decision is binding, and that defeats the Plaintiffs? claim to the contrary.
• The Plaintiffs? claim, concerning its fears about the ultimate result of the McCaskill-Bond proceeding, is not ripe for the reasons previous stated by the Ninth Circuit in Addington I and by Judge Silver in the Declaratory Judgment Action.

The Reply also reiterates that any dispute concerning the 2005 Transition Agreement is a ?minor dispute? under the Railway Labor Act, which must be submitted to the System Board of Adjustment, and that there is no merit to Plaintiffs? belated claims for attorneys? fees for cases they lost.
There will be a number of filings today (Friday, May 10) as the parties prepare for the May 14 hearing on Plaintiffs? Motion of a Preliminary Injunction in Phoenix.
USAPA Communications

 

[cbrown1]

2 vendors for PBS are being looked at now for implementation JAN 2014.

I heard one of them is AOS. I used it at skywest and it wasn't very good.

 

[Bringupthebird]

Opposition is Doc 52. There are two main points to the Reply:

• The Court previously decided that USAPA is not tied to the Nicolau Award which was an internal proceeding, binding only on the previous bargaining representative. The Court's decision is binding, and that defeats the Plaintiffs? claim to the contrary.

That is not true. The court said that USAPA is as free to bargain as the previous bargaining representative. It did not absolve them of responsibility for damages resulting from not using the Nicolau list. They have been repeatedly warned, but they continue to ignore good advice to abandon DOH and simply live up to their agreements.

Why do you folks continue to finance these liars who have yet to earn a cent of their dues money in real quantifiable benefits to ALL the members?

Why is there no card drive to bring in APA as the bargaining rep BEFORE the effective date?

 

[pave driver]

APA will be the new union and does not require a vote.

 

[General Lee]

APA will be the new union and does not require a vote.

That's great and all, but nobody will forget the part where both the East and West, along with the company, signed up for BINDING arbitration. You can try to forget it, but it won't help. Also, the APA expects the feud between the West and East to be concluded before any SLI with them. The Easties would love to continue status quo and "out run" the clock until their own retirements, but that is very unlikely. Management also wants this done, and the AA creditors.


Bye Bye---General Lee

 

[Green]

May 14 hearing on temporary injunction.

When is a ruling expected? Thanks

 

[TWA Dude]

That's up to the judge. Could be days or months. Probably within weeks.

 

[Metrojet]

Sorry, the NIC arbitration was agreed upon by the Easties, the Westies, and the company. Even NIC himself was agreed upon beforehand. So, you will lose. The Westies are DUE seats, and they will take them.


Hey General

You sure seem to have a BIG DOG in this fight
You sure your not a former Westie in hiding or did you get turned down by Piedmont or Usair back in the last