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US AIRWAYS’ CONTROVERTING STATEMENT OF FACTS CASE NO. 2:13-CV-00471-ROS
33. The Merger Committee is committed to representing the entire US Airways
7 pilot group effectively and fairly. Pauley Trial testimony, p. 383:15-23 (Ex. “9” to
8 Szymanski Decl.); Hummel MSJ Decl. ¶¶18-19.”
9 Response: This statement is disputed by Plaintiffs. (See Plaintiffs’ FOF/COL
10 [Doc. No. 218] at ¶ 54 (“Despite the fact that USAPA plainly has a conflict of interest
11 with the West Pilots in regard to implementing the Nicolau Award, it steadfastly refuses
12 to consent to the West Pilots having an independent voice in the process of integrating
13 seniority with the American pilots.”) (citing Bradford Dep. at 93:19-94:16, 97:7-11; Crimi
14 Dep. at 100:14-19, 102:1-15); see also Plaintiffs’ MSJ SOF at ¶ 28 (“USAPA’s
15 governance is heavily weighted in favor of the East Pilot majority such that there is no
16 likelihood that USAPA will amend its date-of-hire constitution provision or implement an
17 unmodified Nicolau Award in the course of this merger with American Airlines.”) (citing
18 SF ¶¶ 50-59).)
19 Moreover, this fact (even if found to be true by the Court) is immaterial to the
20 decision on US Airways’ motion for summary judgment, because it is undisputed that,
21 whatever commitments are felt by the USAPA Merger Committee, the Committee does
22 not intend to and will not advocate for an unmodified Nicolau Award seniority list as
23 demanded by the West Pilots.
33. The Merger Committee is committed to representing the entire US Airways
7 pilot group effectively and fairly. Pauley Trial testimony, p. 383:15-23 (Ex. “9” to
8 Szymanski Decl.); Hummel MSJ Decl. ¶¶18-19.”
9 Response: This statement is disputed by Plaintiffs. (See Plaintiffs’ FOF/COL
10 [Doc. No. 218] at ¶ 54 (“Despite the fact that USAPA plainly has a conflict of interest
11 with the West Pilots in regard to implementing the Nicolau Award, it steadfastly refuses
12 to consent to the West Pilots having an independent voice in the process of integrating
13 seniority with the American pilots.”) (citing Bradford Dep. at 93:19-94:16, 97:7-11; Crimi
14 Dep. at 100:14-19, 102:1-15); see also Plaintiffs’ MSJ SOF at ¶ 28 (“USAPA’s
15 governance is heavily weighted in favor of the East Pilot majority such that there is no
16 likelihood that USAPA will amend its date-of-hire constitution provision or implement an
17 unmodified Nicolau Award in the course of this merger with American Airlines.”) (citing
18 SF ¶¶ 50-59).)
19 Moreover, this fact (even if found to be true by the Court) is immaterial to the
20 decision on US Airways’ motion for summary judgment, because it is undisputed that,
21 whatever commitments are felt by the USAPA Merger Committee, the Committee does
22 not intend to and will not advocate for an unmodified Nicolau Award seniority list as
23 demanded by the West Pilots.