Class Action and DFR Filed against USAPA

[OnTheDole]

1. Why didn't the plaintiff cite USAPA as the one the judge should order remedy from (USAPA is the only one able to engage in negotiations.)

2. If the plaintiff really believes the Nic is final and binding, why did the plaintiff's request for remedy keep asking for the judge's order to refer to the Nic in the context of negotiations?

1 - Because the east pilot have shown that if they don't like the outcome of something the agreed to they change their name and pretend it never applied to them. "east pilots" covers them regardless of if their name is AAA ALPA, USAPA, or what ever orginizatin they dream up next to avoid their agreements
2 - Because nobody disputes that the NIC is tied to a joint contract, its in the TA. But whats also in the TA is the requirement for all parties to negotiate in good faith, something the east also feels they no longer are required to do.

 

[PCL_128]

http://www.cactuspilot.org/AWA Pilots_Class Action_Complaint 090408

Starting at page 20, line 25.

Sorry, I was looking at the DFR case, not the class action lawsuit. I'll have to look over the class action a little more before responding.

 

[OnTheDole]

On the other hand, since ALPA no longer represents the pilot group, why should ALPA merger policy apply?

Because the East, West and US Air agreed to it in the Transition Agreement. It doesn't say to use alpa meger policy only if the parties are alpa, it says use alpa merger policy period. Even though we were all ALPA @ the time, there is no reason the TA couldn't have said (and all the parties agreed to) merge senority using 'teamsters' merger policy if thats the policy that everyone thought fit best. The 'ALPA meger policy' was simply a guidline that everyone agreed to, but it certainly isnt void because we're no longer in ALPA.

 

[Soulfly]

Apparently Turtle has never read the part of the RLA that plainly states that any new bargaining agent inherits any and all agreements from the previous agent.

This is there to protect mainly management I believe, but it's there none the less.

 

[Turtle21]

1 - Because the east pilot have shown that if they don't like the outcome of something the agreed to they change their name and pretend it never applied to them. "east pilots" covers them regardless of if their name is AAA ALPA, USAPA, or what ever orginizatin they dream up next to avoid their agreements
2 - Because nobody disputes that the NIC is tied to a joint contract, its in the TA. But whats also in the TA is the requirement for all parties to negotiate in good faith, something the east also feels they no longer are required to do.

If anyone can demonstrate that the "East" is involved in negotiations with the company, it will be very easy to obtain an order for both the company and the "East" to cease and desist. Heck, I'll even join that lawsuit with you.

 

[Draginass]

Could this be a prequel to the Delta - Northwest merger??

 

[hockeypilot44]

Could this be a prequel to the Delta - Northwest merger??

Let's hope not, but it is hard to imagine the NWA/Delta merger turning out any differently.

 

[imacdog]

Your question suggests that "East Pilots" is the proper defendant. I get that.

The Plaintiff requests an order from the judge to 1) preclude "East Pilots" from negotiating a CBA without Nic, and 2) directing "East Pilots" to negotiate a CBA that implements Nic.

Two questions:

1. Why didn't the plaintiff cite USAPA as the one the judge should order remedy from (USAPA is the only one able to engage in negotiations.)

2. If the plaintiff really believes the Nic is final and binding, why did the plaintiff's request for remedy keep asking for the judge's order to refer to the Nic in the context of negotiations?

We all know who the East pilots are. My question has nothing to do with the lawsuit. Now just answer the question, unless you are incapable.

 

[Turtle21]

This thread is about the lawsuit. If you want to start a new thread.. its a free country. LOL.

 

[imacdog]

Well you've convinced me you are unwilling to answer a simple question. Anyone else want to answer?