Filed today
US Airways is asking the Court only to modify its Order,
through the deletion of Footnote 15, so that the Order cannot be construed to prohibit the
APA – once it becomes the single certified collective bargaining representative for all premerger
US Airways and pre-merger American pilots – from creating and delegating
authority to merger committees to represent the disparate seniority interests of pre-merger
US Airways and pre-merger American pilots.
In Footnote 15 of the Order, the Court stated: “The MOU contemplates the need
for arbitration but also requires the post-merger carrier remain neutral. Under the Court’s
reading of McCaskill-Bond, there will be no need for arbitration because, based on
explicit language in the MOU, prior to the arbitration, there will have been an election and
there will be only one certified representative for all pilots.