Notice in the company's filing that they use the term US Airways pilots, east and west.
a failure to promptly resolve the merits of these claims would threaten
to disrupt and delay the process of integrating US Airways and American pilots following
the merger.
a failure to promptly resolve the merits of these claims would threaten to disrupt
and delay the process of integrating US Airways and American pilots following the
merger – a process that is central to the airline’s realization of the operational and
financial benefits from the combined pilot workforce that is contemplated by the MOU
and the merger.
Plaintiffs have made clear their desire to obtain a prompt adjudication of the merits
of their claims against USAPA, so that there is no interference with the process for the
US Airways/American pilots seniority integration.
US Airways has
always been and still is neutral regarding the merits of the underlying DFR claim between
USAPA and the West Pilots. US Airways’ only interest is in ensuring that the seniority
dispute is promptly resolved in a manner that will allow both pilot groups and the airline
to move forward with the merger and the seniority integration with American’s pilots.
What do all of these statements from the company have in common? They all talk about the integration between US Airways pilots and American pilots. Nothing to do with east west. They also all talk about resolving the dispute BEFORE the US Airways/American integration.
The company knows there will not be a three way, three list M/B integration like usapa is telling you. This next paragraph is also informative.
, known as “McCaskill-Bond.” This federal statute, which was
enacted in 2007 and thus was unavailable to resolve the US Airways/America West pilots
seniority dispute, mandates, inter alia, that seniority integration of airline employees
following the combination of two or more airlines shall occur in a “fair and equitable
manner.”
The M/B law was not and is not available to resolve the dispute between east and west. Our merger took place before 2007 and the M/B law specifically says it can't be used for merger that took place prior to 2007.
So what fair and equitable process does usapa propose to integrate east and west outside of M/B if you are not going to use the Nicolau and you have an LUP?
Every party involved including judge Lane except usapa has said that the east west dispute has to be resolved before the US Airways/American integration can happen.
Do you think the company wants this case dismissed leaving it open? Do you think the company want usapa to win so they can spend who knows how long negotiating an east west seniority list delaying getting to the real seniority integration USA and American? Plus after the list is negotiated the west files another law suit challenging THAT list?
Read the company filing. They are telling the judge issue the injunction, use the Nicolau. Give the west a seat at the table and get to a M/B integration between USA and American so they can put the companies together. Anything else is delay and costly.