“….The Court’s patience with USAPA has run out. USAPA avoided liability on the DFR claim by the slimmest of margins and the Court has serious doubts that USAPA will fairly and adequately represent all of its members while it remains a certified representative. But all the Court can do at this stage is implore USAPA to, in the words of CAB, “make every effort to see that [the West Pilots’] are given extensive consideration, and that their interests are fairly and fully represented” during seniority integration…”
Judge Roslyn O. Silver, Chief United States District Judge
Case 2:13-cv-00471-ROS Document 298 Filed 01/10/14
UPDATE!! USAPA has finally NOT avoided the DFR Claim!....
US Court of Appeals for the Ninth Circuit 26 June 2015
“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation. USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation, and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award..”