USAPA Trial

[Cowboy75]

What arbitration are you referring to?

Arbitrator stands by controversial list
Dawn Gilbertson - Apr. 26, 2009
The Arizona Republic
His name is a household name, often used in vain, in the pilot ranks at US Airways.George Nicolau, an 84-year-old New York attorney best known for his longtime role as Major League Baseball's arbitrator, is the federal arbitrator who two years ago issued the merged seniority list that bitterly divided the 5,000 pilots of the former America West Airlines and the old US Airways. The list is the unofficial centerpiece of a trial that begins in federal court in Phoenix Tuesday, pitting the two pilot groups against each other four years after the merger was announced. Nicolau won't be there and says he doesn't even know what the lawsuit is about.But he says he does know this: The list was fair. In the decision, he rejected US Airways pilots' requests for a seniority system based on date of hire, which would have strongly favored them given America West's younger age. He also weighed the career expectations of both sides and concluded that the financial future of US Airways was "not comparable to or as bright as that of America West" at the time of the merger.He came up with a blended seniority list that put several hundred of US Airways' most senior pilots, those flying the prized international flights, at the top and ranked the rest according to a ratio based on their status at the time of the merger. US Airways pilots on furlough at the time of the merger were put at the bottom, a major sore point. One of two pilots from outside America West/US Airways on the panel issued a dissenting opinion on that point but otherwise praised Nicolau's rationale.
"I still believe it's the right one," Nicolau said of the list.He was the only voting member of a three-member Air Line Pilots Association arbitration board that heard the case in late 2006. Nicolau said there were plenty of "fusses" about some of his Major League Baseball decisions, but none lingered as long as the US Airways decision.

 

[PHXFLYR]

Gosh, there was a strongly worded remark. So, I guess I'll ask you: were USAPA attorneys involved in that arbitration?

Nope. But their "esteemed client" inherited them. And that's all that matters, as you will soon find out a few weeks from now.

PHXFLYR

Proud non-member

 

[PHXFLYR]

Unbelievable. I don't doubt you one second, I just find it incredible that they would proffer the idea in court that a final and binding seniority award is a proposal subject to negotiations.

Thanks....so do we


PHXFLYR

 

[Carl S.]

Why doesn't Bradford or any of the other founding fathers of USAPA want to take the stand? They laid the cornerstone for the bedrock of union principles, DOH, and should be willing to defend that! Could it be that if they are exposed to cross examination, they could let out their dirty little secrets?

 

[PHXFLYR]

(spoken with an Irish brough )

"hmmmm....could be Clancey...could be. "

PHXFLYR

 

[Crzipilot]

Does it matter the reason??? It's a court case, with lawyers looking for whatever advantage. It seems the west lawyers screwed up with the subpoenas, not just bradford's but guess I read a few others. So ask your lawyers on the west why they aren't testifying.

I'm sure if you were being sued for something, you would voluntarily take the stand even if your lawyers advised you it wouldnt' be in your best interest?

Oh I forgot, all the west pilots are little cherubs that never do anything wrong or try anything to put the advantage to themselves. I forgot what saints you guys are.....

 

[Raoul Duke]

The west's attorneys have nothing to do with it. Unless you are an individually named party to the lawsuit or an officer of an organization that is party to a lawsuit, you can't be subpoened to testify at a trial out of state. In this case Bradford and his band of merry pranksters engineered an election just before the trial so he would not be an officer. It blew up in thier face because the Judge ruled that if he does not testify live the jury will be instructed to presume that the testimony would be harmful to USAPA. It does not get much better than that for the west's attorneys.

 

[BeCareful!]

Well then yea!

Hey, are you guys classy enough to invite us to your victory party?

 

[Turtle21]

The west's attorneys have nothing to do with it. Unless you are an individually named party to the lawsuit or an officer of an organization that is party to a lawsuit, you can't be subpoened to testify at a trial out of state. In this case Bradford and his band of merry pranksters engineered an election just before the trial so he would not be an officer. It blew up in thier face because the Judge ruled that if he does not testify live the jury will be instructed to presume that the testimony would be harmful to USAPA. It does not get much better than that for the west's attorneys.

Engineered an election? Can't you think and read for yourself, dude?

The election occurred as a requirement of the CB&L that was written long ago before any talk of lawsuits.

 

[Turtle21]

Why doesn't Bradford or any of the other founding fathers of USAPA want to take the stand? They laid the cornerstone for the bedrock of union principles, DOH, and should be willing to defend that! Could it be that if they are exposed to cross examination, they could let out their dirty little secrets?

Yeah, they fly black helicopters in their free time and secretly create crop circles too.