Usapa lost!!!!!!!!!

[Raoul Duke]

Jury found that USAPA violated their duty of fair representation.

 

[Andy Neill]

So does that mean
An arbitrated list is used?
It's back to the table on seniority negotiations?
USAPA pays compensation to the wronged parties?

 

[Raoul Duke]

My understanding is that there has already been a bench trial (to the judge only) on damages and that the Judge will rule shortly on what those damages will be. Odds are that there will be an injunction from trying to modify the Nic award and potentially requiring USAPA to pay for the other side's attorneys fees.

I do think that it will also require that eveyone not in good standing has to get caught up so that they can now be voting members in the union.

 

[reepicheep]

remedy now, damages later in another trial.

I think.

 

[Carl S.]

But USAPA said this case had no merit! How could all 9 jury members not see this! I heard the USAPA update is spin at it'd greatest "Both hands tied behind our back and limited time".

 

[Colonel Savage]

So are you unionless for the time being, or revert back to ALPA?

 

[MCDU]

This Bush appointed judge hates unions and did not allow for any defense. Everything got objected to. This outcome is of no surprise. He basically told the jury how to vote.
Most info by the union was not allowed and this will go to appeal, where a much more competent judical system is in place to hear the whole story. This is a long way from being over. Its just the beginning. Sit back and enjoy the ride.

M

 

[vetrider]

Unless your appeal is to John Prater or Doug Parker, do you really expect to get very far? Every time a neutral party is involved the east pilots lose, and you easties still cannot see that maybe, just maybe, it's you?

 

[Sandhawk]

USAirlinePilots.org
US Airline Pilots Association Representing the Pilots of US Airways​

Court Decision in Addington Case
May 13, 2009

The Addington case ended today with the jury deciding that USAPA failed in its duty to fairly represent all of its members. Today’s decision, while disappointing, was not unexpected. Since we were required to argue our case with limited time and evidence and were hamstrung by questionable rulings and incorrect instructions, USAPA, quite literally, fought this battle with both hands tied behind its back. Given the circumstances, we have a hard time accepting the idea that we encountered truly unbiased impartiality. Although this is a setback, we are very confident that the errors of law we encountered in this venue will be corrected.

The 9th Circuit Court of Appeals and, if necessary, the United States Supreme Court, are the appropriate places for the law to be truly vetted. While USAPA would have, of course, preferred to prevail in the current setting (allowing the pilot group to come together and work towards an improved contract), we fully expected and planned for this contingency. Again, given the facts of law, we are very confident of our ability to prevail eventually, in proving the absolute right of a union to bargain over the complete terms of its members’ working agreement. Having so planned, our legal team is already working on an expedited appeal and stay of any proposed injunctive relief.

Please watch your email and the USAPA Web site for further updates, which will come shortly. In the meantime, we urge all pilots to continue to show the utmost professionalism, treating your fellow pilots with courtesy and respect.


USAPA Communications | US Airline Pilots Association
Office: 877-332-3342 | Phone Message: 877-332-3350 | USAirlinePilots.org


Here we go again..........blaming the outcome on someone / something else!!
How about being honest and saying that they had NO legal leg to stand on as well as an incompetent legal team?

 

[MCDU]

No one out East will vote for a contract that includes the Nic. No joint contract=no Nic.
Once again the majority is getting screwed by the minority.

3500 against 1600. I wonder who controls the votes?


M

 

[AutoBus]

So are you unionless for the time being, or revert back to ALPA?

We've been unionless for over a year

 

[PeanuckleCRJ]

Maybe, just maybe... you're wrong? (again)

 

[Sandhawk]

No one out East will vote for a contract that includes the Nic. No joint contract=no Nic.

3500 against 1600. I wonder who controls the votes?


M

Hey Einstein,

That is the reason you guys just lost the case. The Judge will take care of that!

 

[reepicheep]

No....the judge was senile!!!!!

 

[vetrider]

I hope Sully is proud. What a hero.

 

[Fly-n-hi]

No one out East will vote for a contract that includes the Nic. No joint contract=no Nic.
Once again the majority is getting screwed by the minority.

3500 against 1600. I wonder who controls the votes?


M

Its not an issue of the majority vs minority. That's such an immature perspective. The court just sided with us that USAPA is not representing us. That means that your majority is a sham.

Its an issue of one workgroup vs another workgroup. The two workgroups have disagreed on issues. Those issues were taken to neutral parties on two occasions now and those neutral parties made their decisions. By agreeing to arbitration you agreed to the outcome of the decision. By going to court you agreed to the judge's decision. Now your going to appeal this ruling, take it to another court, and get defeated again. The more you fight this the more foolish and dishonorable you look.

Not going to vote on a contract, eh? Well, with this new socialist style government sticking its nose into corporate affairs maybe they'll just force you into a contract for the benefit of the "whole." I'd rather choose my own contract instead of risking government involvement...but that's just me.

USAPA is a fools union.

 

[reepicheep]

Keep your heads in the sand, keep looking for a Nic. do-over, keep negotiating in bad faith, keep up with the loony appeal process & wait 'till later this summer when the judge takes up damages. He'll be in a fine mood by then.

 

[Capi_Cafre']

The Addington case ended today with the jury deciding that USAPA failed in its duty to fairly represent all of its members. Today’s decision, while disappointing, was not unexpected.

Seaham probably wrote that (and billed .6 or so) the day he was retained. In a perfect world the eastwipes will end up out of pocket to make the improperly furloughed Cactus folks whole.

 

[General Lee]

No one out East will vote for a contract that includes the Nic. No joint contract=no Nic.
Once again the majority is getting screwed by the minority.

3500 against 1600. I wonder who controls the votes?


M

You and the other Easties are IDIOTS. It doesn't matter what the majority think, it is what was AGREED upon initially. TOO BAD SO SAD. USAir was close to liquidation, and AmWest had the CREDIT to get a mortgage and buy and save your arses. Your East pilots may have had more years, but they didn't HAVE TO STAY at USAir. They could have bailed and gone to Jetblue or some other airline. Nobody said you HAD to stay at the sinking ship called USAir. AmWest bought you, and saved you, and you are babies.

Great job WESTIES!


Bye Bye--General Lee

 

[grog_sit_reserv]

...where a much more competent judical system is in place to hear the whole story.

MCDU, the court of appeals only rules on if there were serious errors in matters of law, not the merit of your argument. Of course since Judge Wake was soooo inexperienced in matters legal, I'm sure the Appellate Court will no doubt see the error of his ways....

...This is a long way from being over. Its just the beginning. Sit back and enjoy the ride.

On this I agree with you... kinda made me throw up a little writing that.

 

[AnimalTale]

West rules>>>awa rules>>> cactus rules!!!

Binding arbitration b! T che $!!!!!


Cya

 

[Scope out RJ's]

No one out East will vote for a contract that includes the Nic. No joint contract=no Nic.
Once again the majority is getting screwed by the minority.

3500 against 1600. I wonder who controls the votes?


M

Hey McDoosh:
What ever will your boyfriend do now that he's lost? Looks like you're going to have to pick up more overtime at Gulfstream Int'l. to help pay damages.
Don't worry, I'm sure if you just do more of your "special favors," and skip the "gay outings," you'll be just fine!:laugh:

 

[General Lee]

MCDU, the court of appeals only rules on if there were serious errors in matters of law, not the merit of your argument. Of course since Judge Wake was soooo inexperienced in matters legal, I'm sure the Appellate Court will no doubt see the error of his ways....


On this I agree with you... kinda made me throw up a little writing that.

The AZ judge was an appellate judge prior to this, and knows the system. I bet he covered his bases. Too bad.


Bye Bye--General Lee

 

[grog_sit_reserv]

Come on General! Why would an Appellate Judge just move down to the circuit court. He obviously must've been demoted and all of his decisions on the Appellate been overturned.

I can't believe the injustice of this ruling. I mean after all USAPA was clearly founded in the interests of serving all US Airways pilots, they clearly state that within the Bradford letter.

I'm certain that the Court of Appeals has been waiting for this and will take it up immediately and find many errors in matters of law.....

Then again, probably not. F-Off USAPA-ites!!! That's twice, in two different types of impartial settings, that your cause has been shown to be B.S.

 

[Andy Neill]

Come on General! Why would an Appellate Judge just move down to the circuit court. He obviously must've been demoted and all of his decisions on the Appellate been overturned.

Perhaps the General was saying the guy was a state appellate court judge before becoming a federal disctrict court judge.

 

[Sandhawk]

Perhaps the General was saying the guy was a state appellate court judge before becoming a federal disctrict court judge.

I think Grog was being sarcastic and talking in an Eastwipe point-of-view.........

 

[Andy Neill]

I think Grog was being sarcastic ........

Thanks for the wakeup on that. After some checking, I found the following on Judge Wake:

A Phoenix native, Mr. Wake, 55, had been in private practice, specializing in commercial, administrative and constitutional litigation, appellate practice and Indian law. He served as a judge pro tempore on the Arizona Court of Appeals in 1985, 1992 and 1996-98, and is co-author of the Arizona Appellate Handbook.

Mr. Wake earned his undergraduate degree from Arizona State University, graduating with distinction in 1971. He received his J.D. from Harvard Law School, graduating cum laude in 1974. While at Harvard, he was a member of the Civil Liberties Law Review.

Mr. Wake is a fellow of the American Academy of Appellate Lawyers and former member of the State Bar of Arizona’s Committee on Civil Practice and Procedure.

 

[Hamburger]

No one out East will vote for a contract that includes the Nic.

They already voted for Binding Arbitration.

It's a shame that Integrity is a concept that has to be Court Ordered on the East.

 

[Raoul Duke]

keep in mind that the court of appeals does not review the "facts" found by the jury, only the law. Evidence rulings by the trial judge are virtually impossible to overturn because the court of appeals will uphold those decisions if there is any factual basis whatsoever to support them. Court of Appeals almost never overturn jury verdicts. USAPA better work up a plan B.

 

[grog_sit_reserv]

I was being sarcastic, but guess it didn't come through.


http://www.nytimes.com/2008/10/24/us/24maricopa.html