Finally, Western refers to an unpublished and explicitly irreconcilable case, Guy v. IASCO, no. B168339, 2004 WL 1354300 (Cal.Ct.App). June 17, 2004). The plaintiffs to Guy were flight engineers for an airline contractor based in California. 2004 WL 1354300, at 2. Aeronautical engineers have performed more than 90% of their work a-side-up-state in California on various domestic and international flights. Id. The applicants sued their employer and asserted that under various provisions of California law, they were entitled to overtime pay, but that they had not received overtime pay and were not compensated for all the time they worked. Id.
at 1. The California Court of Appeal found that the application of the CBI`s wage regulations to these employees would be contrary to the dormant trade clause, as the plaintiffs attempted to recover overtime pay for the period outside the State of California. Id. to 7 (« The overtime compensation scheme for aircrew working in interstate and foreign trade is a direct regulation of this trade. The U.S. Supreme Court has ruled that a state law directly governing trade outside the state`s borders is contrary to the trade clause. » As such, Guy is unapposed, because Yoder is trying to enforce California`s wage and hours-only law at work he actually did during the state. On November 18, we attended a case-by-case mediation. Unfortunately, after a full day of discussions with the defendants` lawyers about the Ombudsman, we were unable to agree on an agreement on the settlement of the claims. This means that there will be no agreement at this stage and that the case will progress in a dispute. On November 12, the court decided on a timetable containing details of the discovery.
Based on this mission, we will soon select Discovery representatives in case they are expected to respond to written requests for questioning and production. This means that we will be able to speak to you in the coming weeks if you have chosen the case. You should also keep all documents relating to your working time with Western Express that you have in your possession. As always, please let us know immediately if your contact information (address, phone number, email) changes, so that we can contact you at any time if necessary. Thank you in advance for your cooperation. The easiest way would be to call Roehl and ask if there is a competing language in the treaty. I can`t imagine they`d lie to you. But the person you are asking you may not know and give you false information. Call and talk to your legal department and have this information sent to you in an email. We were late with certain financial obligations under our revolving credit facility and leases activated with CEF 2002, LLC and General Electric Capital Corporation as of December 31, 2004 and June 30, 2005.
These defaults are the cause of the « default cross » provisions of some of our other leasing contracts for revenue equipment. We plan to waive any breaches or to repay or refinance the underlying commitments before the closing of this offer. Instability of service in the rail industry could increase our operating costs and reduce our ability to provide intermodal services, which could have a negative impact on our revenue, operating results and customer relationships.