US Airways Pilot/FA Recall

[Guppiedriver]

You paraphrased a little wrong with your own opinion there. They in fact said the opposite of you. They didn't say the minute USAPA implements ANYTHING other than the nic. They stated unequivocally that when a contract is voted in, then the ripeness question is met. THEY did not tie, ripeness and whether the seniority list had to be nic together. In fact they STATED that even IF the contract does NOT contain the NIC, it doesn't necessarily mean a breach of DFR exists.....

reread the notes and chew on that for a bit...


You guys seems to want the tie the matter of ripeness to the NIC. They are separate. The court basically said, nothing has happened yet, so a determination of breach of DFR is not RIPE, can NOT be determined at this time.

They seemed to do everyone a favor, and stated, that just because the seniority list does not contain the NIC, again doesn't necessarily indicate a breach of DFR. They stated that simply, you have to get a contract, (which hits the ripeness criteria) THEN look at what is contained in that contract to determine if a breach of DFR has happened, and the fact that an INTERNAL UNION PROCESS (from a different union) doesn't mean you have a breach of DFR........

So Easy even a caveman can do it....

It's amusing to me that you find interpretation of the law to be so simple. Neither of us can read what was decided by the 9th and determine exactly what they meant.

One thing is certain....you guys signed on the dotted line and agreed that final and binding would be just that. If the courts allow you to weasel out of your obligations, it will turn the world of arbitration upside down. I don't see that happening.

 

[Crzipilot]

Think the only thing it would turn upside down is ALPA's merger policy, which as you have seen, they have already changed how the time line things etc.....

I.E. Yes the NIC list is real, IF ALPA had finilized a contract. Now they are gone, their process is gone. That process contained a possiblity of arbitration (which did occur but never implemented)

So since the merger of the pilot groups never occured, and a new CBA is involved, new rules, new process.....

Seems easy


Besides hijacking this thread....

Welcome back to the furloughed guys that decide to come back....

 

[xanderman]

You paraphrased a little wrong with your own opinion there. They in fact said the opposite of you. They didn't say the minute USAPA implements ANYTHING other than the nic. They stated unequivocally that when a contract is voted in, then the ripeness question is met. THEY did not tie, ripeness and whether the seniority list had to be nic together. In fact they STATED that even IF the contract does NOT contain the NIC, it doesn't necessarily mean a breach of DFR exists.....

reread the notes and chew on that for a bit...


You guys seems to want the tie the matter of ripeness to the NIC. They are separate. The court basically said, nothing has happened yet, so a determination of breach of DFR is not RIPE, can NOT be determined at this time.

They seemed to do everyone a favor, and stated, that just because the seniority list does not contain the NIC, again doesn't necessarily indicate a breach of DFR. They stated that simply, you have to get a contract, (which hits the ripeness criteria) THEN look at what is contained in that contract to determine if a breach of DFR has happened, and the fact that an INTERNAL UNION PROCESS (from a different union) doesn't mean you have a breach of DFR........

So Easy even a caveman can do it....

Okay. Probably some semantics here. Quote the part where they say "unquestionably ripe." In fact post the entire paragraph so we can read it in context. The only reason Nic is tied to this litigation is because USAPA refuses to use it. That is contrary to what I feel is fair representation. Hence the DFR. Regardless the company got involved the other day and one if not both sides is gonna have to take a bite of the s**t sandwich. I look forward to this being over soon. I look forward to people acting like grown-ups and professionals. Imagine an airline where we work collectively for the good of the entire pilot group. Yeah we'll always have our 2%ers but...

Have a good one. BTW did you get in on the recalls? Are you on property now? If not hopefully you got in...

 

[LaGarbage Man]

got the certified letter today for the sept 6th E190 class, it says that i may fall within the seniority of those who may be recalled into the Sept 6th class. If my seniority does not hold a position in the class i'll be notified by phone, if i'm in the class i'll receive an information packet via feex.

OK I lied, I am back in the thread but only long enough to say "Ditto" to what Mr. Dugan Jones has to say. I will be accepting recall (God Help Me). Maybe Sept. 6th class (depends on bypass rate) we will see, Starting to see some light at the end of the tunnel but with anything Airways, It still could be a big ol'e train fixin to make me a part of it's windshield. Now back to your regularly scheduled bitch fest.

 

[WickedPissa]

Any top 20 recalls of east bypassing?

 

[dugan jones]

Any top 20 recalls of east bypassing?

we've come up with 5 that are bypassing out of the top 20 so far

 

[Bad-Andy]

Garbage Man -- did you get the second letter yet? With 5 bypassing, that should make you guy #20 in the class..... (Just need 3 more...).

 

[Crzipilot]

Okay. Probably some semantics here. Quote the part where they say "unquestionably ripe." In fact post the entire paragraph so we can read it in context. The only reason Nic is tied to this litigation is because USAPA refuses to use it. That is contrary to what I feel is fair representation. Hence the DFR. Regardless the company got involved the other day and one if not both sides is gonna have to take a bite of the s**t sandwich. I look forward to this being over soon. I look forward to people acting like grown-ups and professionals. Imagine an airline where we work collectively for the good of the entire pilot group. Yeah we'll always have our 2%ers but...

Have a good one. BTW did you get in on the recalls? Are you on property now? If not hopefully you got in...

Ya I know still hijacking, but here's the Quote, it's in footnote 1 of paragraph 7. Here's both so you can read it in context.....

[7] Plaintiffs correctly note that certain West Pilots have
been furloughed, whereas they would still be working under
a single CBA implementing the Nicolau Award. It is, however,
at best, speculative that a single CBA incorporating the
Nicolau Award would be ratified if presented to the union’s
membership. ALPA had been unable to broker a compromise
between the two pilot groups, and the East Pilots had
expressed their intentions not to ratify a CBA containing the
Nicolau Award. Thus, even under the district court’s injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilots’ preferred seniority system ever
would be effectuated. That the court cannot fashion a remedy that will alleviate Plaintiffs’ harm suggests that the case is not
ripe.1

1The dissent asserts that “nothing would be gained by postponing a
decision, and the parties’ interest would be well served by a prompt resolution
of the West Pilots’ claim.” Diss. op. at 8017 (internal alterations,
quotation marks, and citation omitted). To be sure, the parties’ interest
would be served by prompt resolution of the seniority dispute, but that is
not the same as prompt resolution of the DFR claim. The present impasse,
in fact, could well be prolonged by prematurely resolving the West Pilots’
claim judicially at this point. Forced to bargain for the Nicolau Award, any
contract USAPA could negotiate would undoubtedly be rejected by its
membership. By deferring judicial intervention, we leave USAPA to bargain
in good faith pursuant to its DFR, with the interests of all members
— both East and West — in mind, under pain of an unquestionably ripe
DFR suit, once a contract is ratified.

 

[dugan jones]

Garbage Man -- did you get the second letter yet? With 5 bypassing, that should make you guy #20 in the class..... (Just need 3 more...).

hey bad andy do you know how many are going to be in the sept 6th class? the 5 bypassing puts me up to #16

 

[LaGarbage Man]

Hey Andy, Yep I signed for the certified letter on Thurs. It will be real close for the Sept. 6th class. Looks like the 0200 sim time for me if I get that class or the 1400 sim if I am in the following one. I know what I would prefer to do but the wife would execute me if I did not get back to work ASAP. Of course Murphy's Law is in full effect and there has been some developments with a certain Corp. that I spoke with before. If it pans out you are moving up a number my friend. I will catch you up on Skype. Now stop making me keep posting here. It's making me look bad : ) Now this time for real I am taking my ball and going home. Plz feel free to continue the East/West love fest that we all just can't get enough of.