exbengal wrote:
"funny how the courts agree with us,........... acpa was unsuccessful in having the lawsuit thrown out, as we head for trial".
Semantics bengal, semantics. All the court said was that your case was dismissed under contract law, but you may proceed with the case under tort law. Now you have to prove your case under tort law. Under tort law, you must show that you have been harmed.
Have you been harmed? I would suggest no. Hollis Harris, CEO of Air Canada at the time of Picher, said that he didn't care if CALPA merged the seniority list or not. He wasn't going to recognize any merged list. ACPA agreed and decided not to advance any merged seniority list during contract negotiations.
In a nutshell, Air Canada wasn't going to recognize any merged seniority lists. They determined that mainline and the connectors to be separate airlines (and still do).
Nothing was taken away from you. Air Canada wasn't going to allow you to fly it's aircraft unless you applied like everyone else and even then you would be put at the bottom of the list.
Therefore exbengal, the Picher list would never have been implemented, even if ACPA had agreed to it.
One last item that I think will torpedo your case is that the Supreme Court said that you had several avenues through the CIRB to grieve your case but you chose not to pursue them. That would have been the proper route. Grieve your case at the CIRB, and if you are still not satisfied, then go to court. I believe that bypassing the CIRB will hurt your case.
There you have it Bengal. Everyone so far has disagreed with you. ACPA, ALPA, Hollis Harris, Air Canada, most of your co-workers, and so far the Supreme Court. This is your final Hail Mary attempt at getting some money to compensate you for a position that you weren't going to get anyway.
You have NOT been harmed.