Your witness sir.
USAPA pilots prehearing statement.
"The APA West Pilot Committee also may not assert that the Nicolau Award establishes any seniority rights for US Airways (West) Pilots vis-à-vis US Airways (East) Pilots. That award has been adjudicated three times to not govern the seniority rights of US Airways pilots by the federal courts in the litigation Addison, et al v. US Airline Pilots Assn.
“Arbitrators are not free to ignore the preclusive effect of prior judgments under the doctrines of res judicata and collateral estoppel”. Elkouri & Elkouri, How Arbitration Works, 7th ed., 11-34 (2012), quoting Aircraft Braking Systems Corporation v. Local 856, United Auto Workers, 97 F.3d 155, 159 (6th Cir. 1996). This Arbitration Board must give effect to the final court judgments that the Nicolau Award does not govern the seniority rights of US Airways pilots.
The agreements governing this proceeding require that the Arbitration Board integrate all three pilot groups on the basis of three separate seniority lists. The December 2012 Memorandum of Understanding in its paragraph 10(h) recited that it did not alter the status quo of three separate lists in effect on December 9, 2013. The Section 13( protocol agreement signed by American, APA and USAPA also provided that the certified seniority lists would reflect the status quo of three separate seniority lists on December 9, 2013. Section 13( agreement, ¶ 2(. These agreements preclude any claim that the US Airways pilots should first be integrated among themselves and then integrated with American pilots in a “two-step” process on the basis of equities claimed from the US Airways-America West merger. Accordingly, the USAPA Merger Committee proposal integrates the three pilot seniority lists into a single, integrated seniority list."
USAPA pilots prehearing statement.
"The APA West Pilot Committee also may not assert that the Nicolau Award establishes any seniority rights for US Airways (West) Pilots vis-à-vis US Airways (East) Pilots. That award has been adjudicated three times to not govern the seniority rights of US Airways pilots by the federal courts in the litigation Addison, et al v. US Airline Pilots Assn.
“Arbitrators are not free to ignore the preclusive effect of prior judgments under the doctrines of res judicata and collateral estoppel”. Elkouri & Elkouri, How Arbitration Works, 7th ed., 11-34 (2012), quoting Aircraft Braking Systems Corporation v. Local 856, United Auto Workers, 97 F.3d 155, 159 (6th Cir. 1996). This Arbitration Board must give effect to the final court judgments that the Nicolau Award does not govern the seniority rights of US Airways pilots.
The agreements governing this proceeding require that the Arbitration Board integrate all three pilot groups on the basis of three separate seniority lists. The December 2012 Memorandum of Understanding in its paragraph 10(h) recited that it did not alter the status quo of three separate lists in effect on December 9, 2013. The Section 13( protocol agreement signed by American, APA and USAPA also provided that the certified seniority lists would reflect the status quo of three separate seniority lists on December 9, 2013. Section 13( agreement, ¶ 2(. These agreements preclude any claim that the US Airways pilots should first be integrated among themselves and then integrated with American pilots in a “two-step” process on the basis of equities claimed from the US Airways-America West merger. Accordingly, the USAPA Merger Committee proposal integrates the three pilot seniority lists into a single, integrated seniority list."
