Third Circuit Ruling

[BoeingBoy]

US Airways Issues Statement on Third Circuit Court's Decision on Heavy Maintenance Work for Airbus Aircraft
Tuesday February 3, 2:09 pm ET

ARLINGTON, Va., Feb. 3 /PRNewswire-FirstCall/ -- US Airways issued the following statement in response to today's ruling by the United States Court of Appeals for the Third Circuit in Philadelphia regarding the use of a third- party maintenance repair provider.

"The Court's decision validates the company's consistent legal opinion that this issue is a minor contract dispute under the Railway Labor Act that must be resolved through arbitration between US Airways and the International Association of Machinists. We are prepared to quickly arbitrate this matter as our collective focus must be to meet the travel plans of our customers without interruption."

 

[BoeingBoy]

It appears from the above that the 3rd Circuit ruled against the IAM.

Can anyone say "Supreme Court"?

Jim

 

[ktflyhome]

Boeing Boy- what exactly does this mean? :unsure:

 

[ITRADE]

Boeing Boy- what exactly does this mean? :unsure:

Here's the opinion:

http://www.ca3.uscourts.gov/opinarch/034169p.pdf

"For the reasons set forth below, we hold that the dispute is a minor one under the LA, and therefore the district court lacked jurisdiction to issue the preliminary injunction."

IAM loses.

 

[The Truth]

I hear silence amongst the IAM members. It is time to strike a deal on the outsourcing issue.

 

[ITRADE]

I hear silence amongst the IAM members. It is time to strike a deal on the outsourcing issue.

Can I get a retraction from the zealots that were claim that the Company was "stealing" work???

 

[W:EXCH:INVOL]

If this is a minor dispute, I'd hate to see a major one.

 

[USFlyer]

Wow! Needless to say, I'm surprised on this one.

 

[BoeingBoy]

Well, let me be the first (or only) one to give USA320Pilot his due - he called this one right. I tip my hat to you.

Jim

 

[USAirBoyA330]

This also means that the restraining order is lifted and USAirways is free to take those aircraft out of storage and fly them to Alabama for Q checks. <_< :down:

 

[USFlyer]

ITRADE -

If the IAM appeals, where does it go? And would that court even agree to hear it (in your opinion)?

 

[michael707767]

If this is a minor dispute, I'd hate to see a major one.

I agree. Very bad decision in my opinion. I bet they appeal and get another restraining order.

 

[USA320Pilot]

USA320Pilot said: There is no agenda here, but I believe the IAM-M will lose the A320 outsourcing appeal. If they do, then the issue will be a minor dispute and the IAM will have very little leverage. Watch out then. Again, I believe it's in the IAM's best interest to cut a deal before the appellate court decision is announced.

700UW said; "Now you are a lawyer too? Cut a deal? NO FREAKING WAY! Judge Cindrich upheld his ruling twice, the appealate court has all ready upheld it once. What are you smoking? You have still avoided the previous questions asked of you and now lets hear why you think the company will prevail!

USA320Pilot asks: 700UW, since you claim I am wrong so often, can you tell me when would now be a good time to cut a deal so more mechanics do not lose their job?

The company has reached a 3-year agreement to operate the Pittsburgh maintenance facility with a one-year exit clause and wins the A320 heavy maintenance appeal. Again, if I were the IAM-M, I would cut a cost-effective deal to keep the work in-house.

Goin to work...see you on the boards tonight.

Respectfully,

USA320Pilot

 

[repeet]

USA320Pilot,

How did you know?

 

[ITRADE]

Two avenues:

Rehearing en banc. This is a rehearing of the case before the full 3d Circuit (i.e., every judge in the Circuit). This rarely happens, but is not unheard of.

Barring a denial of rehearing en banc, IAM's only avenue is to the Supreme Court - the chances of which are less than a snowball's chance in he11 - especially since we're already into the January session.