We made a deal to have an arbitrator use the ALPA merger policy.
The windfall made it easy for many to forgive him for failing.
Your opinion (as does mine)
does not count. Remember what what Judge Silver said last year....
[font="Times New Roman""]“Of course, in negotiating for a particular seniority regime, USAPA must not breach its duty of fair representation. Accordingly, if USAPA wishes to abandon the Nicolau Award and accept the consequences of this course of action, it is free to do so.
By discarding the result of a valid arbitration and negotiating for a different seniority regime, USAPA is running the risk that it will be sued by the disadvantaged pilots when the new collective bargaining agreement is finalized. An impartial arbitrator’s decision regarding an appropriate method of seniority integration is powerful evidence of a fair result. Discarding the Nicolau Award places USAPA on dangerous ground.”[/font]
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[font="Times New Roman""]Judge Roslyn O. Silver, Chief United States District Judge[/font]
[font="Times New Roman""]No. CV-10-01570-PHX-ROS
ORDER; October 11, 2012[/font]
And here again is what the 9th said...
[font="Arial""]3 [/font][font="Times New Roman""]We do not address the thorny question of the extent to which the Nicolau Award is binding on USAPA. We note, as the district court recognized, that USAPA is at least as free to abandon the Nicolau Award as was its predecessor, ALPA. The dissent appears implicitly to assume that the Nicolau Award, the product of the internal rules and processes of ALPA, is binding on USAPA. [/font]
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[font="Times New Roman""]
Ninth Circuit Court of Appeals Opinion[/font]
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Case: 09-16564 06/04/2010[/font]
Sorry Scotty, but the courts know what USAPA is all about. You have achieved delay at a tremendous cost to us all.
CB