Judge Silver issued her decision in Addington II

[j-3]

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[ALGFLYR]

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Sure, why not 3 threads about the same thing...

 

[Carl S.]

Punt.....

 

[ALGFLYR]

Punt.....

Lol... yep, that's about all you can do now...

 

[Carl S.]

Just like the DJ, punt for yards, nobody scored and we are headed into OT...

 

[Turtle21]

Just like the DJ, punt for yards, nobody scored and we are headed into OT...

Its your money. Enjoy it.

 

[abefly]

I suggest that anyone who thinks this is a win for USAPA read the order. Come up with your own conclusion. This simply means more delay. Nothing changed.

http://leonidas.cactuspilots.us/West...R_DJ/Order.pdf

 

[abefly]

iii. USAPA’s Ratification Argument is Wrong​

In reaching its conclusion on the DFR claim, the Court must stress it is not adopting​

an argument USAPA has repeatedly proffered. According to USAPA, it has always been​

free to ignore the Nicolau Award because its members will refuse to ratify anything other​

than a strict date-of-hire system. (The East Pilots outnumber the West Pilots and the East​

Pilots allegedly will refuse to ratify any agreement deemed advantageous to the West Pilots.)​

In effect, this is an argument that USAPA is free to treat the West Pilots poorly because that​

is what the majority of its members wish it to do. That is not the law. USAPA owes duties​

to​

​

​

​

all of its members. It cannot justify its actions by claiming it is merely acting as the​

conduit for enacting the East Pilots’ self-serving wishes. USAPA has never been free–and​

never will be free–to extract the maximum benefits for the East Pilots, regardless of the cost​

to the West Pilots.

vi. USAPA’s Position is Unwise​

USAPA has succeeded here but it is a Pyrrhic victory. As contemplated by the MOU,​

in the very near future an election will take place and a new representative will be chosen by​

all of the post-merger pilots.​

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​

​

13 It is almost certain USAPA will lose that election. Once that​

happens, USAPA will no longer be entitled to participate in the seniority integration​

proceedings.14 The Court has no doubt that–as is USAPA’s consistent practice–USAPA will

change its position when it needs to do so to fit its hard and unyielding view on seniority.​

That is, having prevailed in convincing the Court that only certified representatives should​

participate in seniority discussions, once USAPA is no longer a certified representative, it​

will change its position and argue entities other than certified representatives should be​

allowed to participate. The Court’s patience with USAPA has run out. USAPA avoided​

liability on the DFR claim by the slimmest of margins and the Court has serious doubts that​

USAPA will fairly and adequately represent ​

​

​

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all of its members while it remains a certified​

representative. But all the Court can do at this stage is implore USAPA to, in the words of​

CAB, “make every effort to see that [the West Pilots’] are given extensive consideration, and​

that their interests are fairly and fully represented” during seniority integration. National

Airlines, Acquisition​

​

​

​

​

, 84 C.A.B. 408, 477 (1979). And when USAPA is no longer the​

certified representative, it must immediately stop participating in the seniority integration

 

[Turtle21]

I suggest that anyone who thinks this is a win for USAPA read the order. Come up with your own conclusion. This simply means more delay. Nothing changed.

http://leonidas.cactuspilots.us/West...R_DJ/Order.pdf

When you send Marty your donation, ask him to explain why Judge Silver assumed USAPA has an obligation to use the Nic (pg. 10, ln. 17), and ask him if there is a single document that actually does obligate USAPA to use the Nic. Ya know, ask him if implicit assumptions are ducky with him.

 

[abefly]

When you send Marty your donation, ask him to explain why Judge Silver assumed USAPA has an obligation to use the Nic (pg. 10, ln. 17), and ask him if there is a single document that actually does obligate USAPA to use the Nic. Ya know, ask him if implicit assumptions are ducky with him.

USAPA not be a party to the SLI. So why does it matter. APA would be the one to ask. What list will they present to the arbitrators that slides under the DFR bar?

I agree it doesn't have to be the NIC. But I can assure you a D.O.H. list will not pass the DFR Bar.

This will not be over until a final list is published by the company. Only then can a DFR claim be truly ripe.