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It is pointless to argue this.
You restate the obvious but then ignore the obvious: the company's suit for declaratory judgment. If all goes well it will obviate the need for a DFR 2 suit. Like Judge Wake, Judge Silver seems to see exactly what USAPA is trying to do -- and how wrong it is.FR8Master said:The West cant sue until they have been harmed, again NOT RIPE.
You restate the obvious but then ignore the obvious: the company's suit for declaratory judgment. If all goes well it will obviate the need for a DFR 2 suit. Like Judge Wake, Judge Silver seems to see exactly what USAPA is trying to do -- and how wrong it is.
Last I checked it's still in the courts.Well then I guess it's all settled then.
Ask your colleague who started this thread.So why are we still talking about it?
We're not convinced we're going to to win, we're convinced the law is on our side. If there's justice we'll win.The West is so convinced that they are going to win, then what is the point of the constant " well you said, well she said, well they did this, well you did that.. Enough already
Both sides are angry. The West's anger stems from the East's actions while the East's anger stems from, well, just about everything.Page after freakin page of bashing everything East all the while claiming its the East pilots that are angry.
I made no such claim. The Easties give all people with integrity something to worry about.You claim to have nothing to worry about, well act like it.
Then your vision is severely myopic. A federal court jury agreed.
wrong. All I want is for binding arbitration to be binding. I didn't think that was asking for too much.
Oh, I get it now. This is just like USAPA's response to the Leonidas Brochure series....This is about AGE DISCRIMINATION. That's all. USAPA's argument was all about Ferguson's age and seat he could hold under the Nicolau
Based on these arguments, it sounds like you would be in favor of a DATE OF BIRTH seniority list. Right?
Sorry Charlie, but the court system will finish this. I'm gonna take a wild stab and guess that you won't like the results from that entity either. The difference is that this will be final and binding....really final and binding.
Interesting. You're arguing the fairness of the Nic and I'm arguing the integrity of living up to your obligations. I don't care if you think the nic is fair. Both sides entered arbitration expecting the other to abide by it. Grow up.
Are you still trying to argue the fairness of the Nic? That's so 2007. Welcome to 2011.
Earlier you at least tried to justify what you're trying to do to the West. Now it's back to "It's not fair and everybody owes us".
Since you're not getting it I'll repeat yet again: it's irrelevant if you think the Nic list isn't fair or didn't follow ALPA policy. He's an arbitrator and he makes those determinations, not you or I. Both sides willingly entered into binding arbitration. Deal with it and live with it. See you in Judge Silver's court.
Are you still trying to argue the fairness of the Nic? That's so 2007. Welcome to 2011.
Earlier you at least tried to justify what you're trying to do to the West. Now it's back to "It's not fair and everybody owes us".
Since you're not getting it I'll repeat yet again: it's irrelevant if you think the Nic list isn't fair or didn't follow ALPA policy. He's an arbitrator and he makes those determinations, not you or I. Both sides willingly entered into binding arbitration. Deal with it and live with it. See you in Judge Silver's court.
I guess I'm guilty as charged, however, I hasten to add that my arguments are purely in response to Easties. I must be a closet optimist in that I think presenting reasonable discussion points with reasonable people can actually resolve anything. You and your colleagues keep proving me wrong on that.C'mon TWA Dude - your questioning why someone is "still trying to argue the fairness of Nic from 2007 - to 2011?" That's exactly what you've been doing in hundreds of threads and pretty brochure mailings from AOL!
I think it's both but in any case they're just following USAPA's lead. Don't forget we were close to getting a joint CBA in 2007 when the company was profitable. Nobody to blame but the East for pulling out of negotiations in a snit. If USAPA decides to accept the arbitrated list we could actually get some leverage as a unified pilot group. It's up to you.I will disagree with you though on the DJ that the company has filed - it is just a delaying tactic for some long term strategic goal that they have - it has nothing to do with accepting a different list and a DFR II.
I know you really, really, really want to believe what $eham and Ghengis Cleary have told you but just because the Addington verdict was overturned on ripeness doesn't mean it's like it never happened. A jury of twelve unanimously found USAPA violated its DFR and the company lawyers figure that means it would likely happen again.If they wanted a new contract with certain conditions and restrictions that they felt would be voted in with a majority - it would have happened awhile ago -
You're right. I challenge USAPA to present a TA that the majority of PHX pilots could vote for. I'll look forward to it....if a majority passes it especially in the PHX base - how could that be a DFR litigation II?