US Airways seeks declaratory judgement on pilot seniority issue

[vetrider]

Yes, a simple name change and poof, the arbitration is null and void.

Maybe going back to USAir would do it.

 

[Grandpa +65]

Give us a fair arbitration and we will honor it. We don't submit to corruption and blackmail. Being an ALPA pimp, you probably wouldn't understand

The issue was already decided in a BINDING ARBITRATION process agreed to be the East Pilots, the West Pilots . But the east didn't like THE FINAL DECISION and threw a TANTRUM:bawling:



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[Cowboy75]

How will the USAPA spin machine handle this?​

33. If US Airways agrees to USAPA’s position on the integrated seniority list, the West Pilots will seek legal recourse against USAPA and US Airways. According to counsel for the West Pilots, the West Pilots assert that, following the Ninth Circuit’sripeness decision in Addington, “nothing has changed regarding the validity of the Nicolau Award and its proper inclusion into a single collective bargaining agreement for all US Airways Pilots.” The West Pilots “will be watching the negotiations carefully.”And, according to their counsel, “they will act if US Airways and USAPA agree to a seniority proposal” that does not reflect the Nicolau Award. The West Pilots have further threatened that US Airways would be held liable for “facilitat[ing],” or “assist[ing],”USAPA’s alleged breach of the duty of fair representation if it were to accept a non-Nicolau seniority list.​

 

[johnnyb]

Einstein, Airline contracts do not expire, they become amendable when the term expires(i.e. status quo) and remain in effect. The LOA 93

You are correct about contracts becoming amendable. This is a Letter of Agreement (LOA)

It is a big difference: with US Air, Piedmont and even America West having long histories of date certain, temporary modifications to the contract.

 

[Cowboy75]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don ADDINGTON; John BOSTIC;
Mark Burman; Afshin IRANPOUR;
Roger VELEZ; and Steve WARGOCKI,
on behalf of themselves and all other
similarly-situated individuals,
Plaintiffs,
vs.
US AIRLINE PILOTS ASS’N, an
unincorporated association,
Defendant.
CASE NO. 28-CV-01633-PHX-NVW
CASE NO. 2:10-CV-01570-PHX-ROS
PLAINTIFFS’ MOTION TO TRANSFER
RELATED CASE, PURSUANT TO
LRCIV 42.1.


Plaintiffs Don ADDINGTON; John BOSTIC; Mark Burman; Afshin IRANPOUR;
Roger VELEZ; and Steve WARGOCKI, on behalf of themselves and all other
similarly‐situated individuals, file this motion to transfer related case US Airways
v. Addington, Case No. 2:10‐cv‐01570‐PHX‐ROS (“US Airways”), to this Court
pursuant to LRCiv 42.1. The Court should accept the transfer of US Airways because
it “(1) arise from substantially the same transaction or event; (2) involve
substantially the same parties . . . ; [and (3)] call for determination of substantially the same questions of law.” Id. This Court has already expended substantial judicial resources familiarizing himself with all the parties, issues and law that will be involved in US Airways. If US Airways is not transferred to this Court, its resolution could entail 2 substantial unnecessary duplication of judicial effort.

Looks like Judge Wake (Easties know him as the Desert Judge) may be welcoming USAPA back in his Phoenix courtroom.

 

[Hpilot]

Here is my hunch. With separate pilot groups, no-one wants to be the one to merge with that mess. If Dougie can get a judgment, and force them into one group...THEN he can marry the ball of crap off to AA and let the pilot groups be their problem!

Ding, ding, ding, weeee have a winner. Poor Doug wants to sell this pig off. The problem is the pig is split in two with the hindquarters runing around in circles with a big yellow DOH sticker stuck on it and pooping all over itself.

 

[redflyer65]

The problem is that USAir management can't side with either group yet, although they worry that the NIC award will eventually win out.. If they side with the East now, when the courts uphold NIC, the company will be facing numerous lawsuits.

The East is going to fail in the end, one way or the other. Sooner or later, and it's already been muuuch later.

Both groups were ALPA when this thing started. The USAPA arguement doesn't hold water. BINDING arbitration will be upheld.

 

[St. Nic]

The problem is that USAir management can't side with either group yet, although they worry that the NIC award will eventually win out.. If they side with the East now, when the courts uphold NIC, the company will be facing numerous lawsuits.

The East is going to fail in the end, one way or the other. Sooner or later, and it's already been muuuch later.

Both groups were ALPA when this thing started. The USAPA arguement doesn't hold water. BINDING arbitration will be upheld.

You sir will be proven wrong. Stay safe!

 

[Metrojet]

"Marty Harper - attorney for the "West Plaintiff's" said this to thestreet.com-

"Whatever comes out has to be fair to both side," Harper said. He suggested that perhaps USAPA can devise "fences," or protections that entitle pilot groups to retain their existing flying but said that so far, USAPA "has not come up with fences that would be real."

So, was he authorized by the plaintiff's to express that view or is he just shooting from his own hip?

Metrojet

 

[Ocity]

"Marty Harper - attorney for the "West Plaintiff's" said this to thestreet.com-

"Whatever comes out has to be fair to both side," Harper said. He suggested that perhaps USAPA can devise "fences," or protections that entitle pilot groups to retain their existing flying but said that so far, USAPA "has not come up with fences that would be real."

So, was he authorized by the plaintiff's to express that view or is he just shooting from his own hip?

Metrojet

Marty was misquoted by the USAPA lap dog named Ted Reed. They've already sent a blast email to West pilots that as far as the legal team is concerned, there is no moving from the nic. Period. Ted Reed is a former East employee, a hack, and a generalised D-bag.

 

[get2flyin]

"Marty Harper - attorney for the "West Plaintiff's" said this to thestreet.com-

"Whatever comes out has to be fair to both side," Harper said. He suggested that perhaps USAPA can devise "fences," or protections that entitle pilot groups to retain their existing flying but said that so far, USAPA "has not come up with fences that would be real."

So, was he authorized by the plaintiff's to express that view or is he just shooting from his own hip?

Metrojet

Actually, he never said that. If fact he's a little pissed that honorary USAPIAN Ted Reed printed it. From his firm:

"This quote is completely inaccurate. West pilots and West attorneys in no way support or endorse any change to the Nicolau Arbitration. West attorneys have been consistent in stating in court filings and to the press that there will be no “compromise” on an arbitrated seniority list which itself is already a compromise."​

 

[Metrojet]

Marty was misquoted by the USAPA lap dog named Ted Reed. They've already sent a blast email to West pilots that as far as the legal team is concerned, there is no moving from the nic. Period. Ted Reed is a former East employee, a hack, and a generalised D-bag.

So - can Marty tell me what he really said to Mr. Ted Reed? Or am I just to assume he said the exact opposite of what he really meant to say? And this is your attorney?

Meterojet

 

[cactusboy53]

"Marty Harper - attorney for the "West Plaintiff's" said this to thestreet.com-

"Whatever comes out has to be fair to both side," Harper said. He suggested that perhaps USAPA can devise "fences," or protections that entitle pilot groups to retain their existing flying but said that so far, USAPA "has not come up with fences that would be real."

So, was he authorized by the plaintiff's to express that view or is he just shooting from his own hip?

Metrojet

Or.......perhaps Marty Harper was accidentally mis-quoted by the Street's Ted Reed (who has been known to be somewhat "pro-USAPA" in his reporting of the AWA's acquisition of US Air).........Hmmmmm....Nah, that's not it.......:laugh:

 

[TWA Dude]

---reply to Metrojet (Southwest Killer):

Nice try. The burden is on the reporter to prove he quoted correctly not the other way around. Given Ted Reed's bias it's no surprise he deliberately misquoted.

 

[Metrojet]

---reply to Metrojet (Southwest Killer):

Nice try. The burden is on the reporter to prove he quoted correctly not the other way around. Given Ted Reed's bias it's no surprise he deliberately misquoted.

Thanks Marty (I mean TWA Dude) for correcting your quote!

Metrojet

 

[Deadalus]

Ted Reed is an ex-eastie and known D-bag. Getting close to getting himself sued too.

 

[TWA Dude]

Thanks Marty (I mean TWA Dude) for correcting your quote!

Sorry for being so flippant. You deserve answer. Ask Mr. Harper yourself.

http://www.polsinelli.com/mharper/

 

[Turtle21]

Regardless of what happens, everyone KNOWS the East guys are a bunch of BABIES. Don't sign up for binding arbitration if you don't intend to follow the judgement. Cry baby arseholes!


Bye Bye---General Lee

Your dues still pay John Prater no matter how much you whine. Jealously is the best form of flattery.

 

[Turtle21]

The problem is that USAir management can't side with either group yet, although they worry that the NIC award will eventually win out.. If they side with the East now, when the courts uphold NIC, the company will be facing numerous lawsuits.

The East is going to fail in the end, one way or the other. Sooner or later, and it's already been muuuch later.

Both groups were ALPA when this thing started. The USAPA arguement doesn't hold water. BINDING arbitration will be upheld.

Yeah, binding arbitration will last forever.. like those anti gravity balloons in your avatar. :laugh:

 

[Turtle21]

You got a fair arbitration dumbass. I don't recall that stipulation where Nicolau was to send you draft after draft until you approved it.

Mergers are like a pilot marriage in high speed. You just skip to the part where you divide up the booty, most going to the lawyers, and each side hates each other because they didn't get their fair share of "half". And to top it all off, the couple ends up so poor they still live under the same roof in order to get by. Still luv U hun.:blush:

 

[vetrider]

Mergers are like a pilot marriage in high speed. You just skip to the part where you divide up the booty, most going to the lawyers, and each side hates each other because they didn't get their fair share of "half". And to top it all off, the couple ends up so poor they still live under the same roof in order to get by. Still luv U hun.:blush:

You guys are only acting up for the same reason the dog licks his nuts, because you can. Nobody is willing to hold you accountable.....yet, anyway.

The problem is not necessarily who gets what, it's how you are going about it. Reneging, using force, etc.

 

[Deadalus]

Yeah, binding arbitration will last forever.. like those anti gravity balloons in your avatar. :laugh:

Yeah, like the courts are going to throw out binding arbitration and put all previous arbitration into chaos. Just to please a bunch of east pilots. :laugh:

 

[Carl S.]

No USAPA spin at all today!!! Full panic mode at CLT or are they splitting up this months cut(LM-2 pay out!).

 

[sniper]

You sir will be proven wrong. Stay safe!

dream on

 

[Turtle21]

Yeah, like the courts are going to throw out binding arbitration and put all previous arbitration into chaos. Just to please a bunch of east pilots. :laugh:

Internal union process.

 

[TWA Dude]

Internal union process.

... except when it violates a union's Duty to Fairly Represent...

 

[MCDU]

... the majority?

M

 

[gutshotdraw]

... the majority?

M

What an ass....



Oh, and your avatar is a nice ass too.

 

[St. Nic]

... except when it violates a union's Duty to Fairly Represent...

Seniority disputes are an internal union process. It abhors me that you can even think about hijacking the company and getting them involved with your problems. You westies are real class acts- NOT

 

[TWA Dude]

Seniority disputes are an internal union process.

... except when it violates a union's Duty to Fairly Represent.

You westies are real class acts- NOT

An insult from the likes of you is actually a compliment.