USAir East West NIC Award Resolution? Very soon!

[Carl S.]

The ruling from Silver is chock-full of good stuff, please read...USAPA just read the first page...pages 2 to 9 lay out how the company is held responsibile if they wonder off the NIC. Does LCC appeal? 30 days and counting.....

 

[Bringupthebird]

Keep this HS up and you will find yourselves spun-off...

You should really find out who is selling the "spin-off" theory and ask him how specifically he thinks it will be done. Don't be surprised at his mumbling and changing the subject. He probably thinks Superman is non-fiction too.

 

[General Lee]

The ruling from Silver is chock-full of good stuff, please read...USAPA just read the first page...pages 2 to 9 lay out how the company is held responsibile if they wonder off the NIC. Does LCC appeal? 30 days and counting.....

Ohhhhhh SNAP! I think I just heard Turtle and ALGflyer bump heads. Oh well.


Bye Bye---General Lee

 

[Bringupthebird]

Question one at the DFR hearing (while the contract languishes under an injunction)
"USAPA, If DOH is a legitimate union objective, why didn't you leave ALPA when you were told you wouldn't get it, rather than waiting for the Nicolau Award? And why is DOH not the Legitimate Union Objective of the largest pilot union, ALPA? Hmmm?"

Thorny, very thorny!

 

[Turtle21]

Wide range of reasonableness.

 

[General Lee]

Wide range of reasonableness.

Nah, you missed it then. It said USAPA was on "dangerous ground." That doesn't sound good, for USAPA or Parker. You can negotiate, but if the Nic award is changed, then you and Parker can be sued. More low pay for you until you give in, and you will. (even if the APA has to force you to) Have fun!

Here it is for you and ALGflyer:


“Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so. By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized. An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.” .(Doc. 193, p.7.)



Bye Bye---General Lee

 

[Turtle21]

"Wide range of reasonableness"

The S.C.O.T.U.S.

 

[Turtle21]

Indeed, the Supreme Court case that clarified that the DFR was applicable during contract negotiations articulated its holding in terms that imply a claim can be brought only after negotiations are complete and a “final product” has been reached....“[T]he final product of the bargaining process may constitute evidence of a breach of duty only if it can be fairly characterized as so far outside a ‘wide range of reasonableness,’ that it is wholly ‘irrational’ or ‘arbitrary.’ “

9th Circuit, and SCOTUS

 

[General Lee]

Indeed, the Supreme Court case that clarified that the DFR was applicable during contract negotiations articulated its holding in terms that imply a claim can be brought only after negotiations are complete and a “final product” has been reached....“[T]he final product of the bargaining process may constitute evidence of a breach of duty only if it can be fairly characterized as so far outside a ‘wide range of reasonableness,’ that it is wholly ‘irrational’ or ‘arbitrary.’ “

9th Circuit, and SCOTUS

I was asking about Silver's decision, not your 9th Circuit. Parker is the one who sued and Silver gave him the answer, you try anything, YOU WILL LOSE. HAHAHAHAHHAHAHHAHA. LOOOZERS. Apparently the USAPA wrap up of Silver's decision NEGLECTED to point out the part about "dangerous ground." HAHHAHAHAHA.


An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.” .(Doc. 193, p.7.)





Bye Bye---General Lee

 

[Turtle21]

Free to bargain as they see fit. Wide range of reasonableness. SCOTUS, as acknowledged by Silver. Dangerous ground was Silver contradicting the SCOTUS.

 

[Flybywire44]

USAPA will stretch reasonableness...

Ie. Longest possible cool down before full integration.

 

[General Lee]

Free to bargain as they see fit. Wide range of reasonableness. SCOTUS, as acknowledged by Silver. Dangerous ground was Silver contradicting the SCOTUS.

No, dangerous ground will be Parker negotiating ANYTHING with USAPA. What does that leave you with? Substandard pay. Not me. Oh well. YOU WILL LOSE. Bye LOOZER.


Bye Bye---General Lee

 

[Turtle21]

USAPA will stretch reasonableness...

Ie. Longest possible cool down before full integration.

Yes, the West will spend many years and many donations to find in the end that it is impossible to be successful at winning a DFR against a wide range of reasonableness. The signatories to that ancient document the West keeps clinging to will all be gone by the time a court will let the west in the doors. They will move on some day, maybe.. but left with nothing but bitterness and debt.

 

[Mamma]

Yes, the West will spend many years and many donations to find in the end that it is impossible to be successful at winning a DFR against a wide range of reasonableness. The signatories to that ancient document the West keeps clinging to will all be gone by the time a court will let the west in the doors. They will move on some day, maybe.. but left with nothing but bitterness and debt.

How much are you guys giving up on pay trying to hold onto this DoH idea? APC shows your top line A320 captain at $124/hr. That is about $50-$80 less than the new norm out there. That seems your captains are losing about $50-$80K each year. Seems to be a poor financial decision in just about every sense.

 

[HAL]

How much are you guys giving up on pay trying to hold onto this DoH idea? APC shows your top line A320 captain at $124/hr. That is about $50-$80 less than the new norm out there. That seems your captains are losing about $50-$80K each year. Seems to be a poor financial decision in just about every sense.

Easties, have you REALLY gotten you head stuck that far up your behind? $124 an hour????? We have 6-year FO's making more than that! Get over your insane dedication to DoH, accept Nic, and GET MOVING with all the US pilot's blessings to get a new contract! The company had already won, and you've already LOST by sticking with that old contract for that long! GET OVER IT, and get a new contract!

HAL