Phoenix said:
The West isn't at fault for anything. They are just wrong. 🙂
A laugh a post.
How does it feel to be on Gilligan's Island? You guys are all alone. Enjoy the isolation.
US AIRWAYS CONTROVERTING STATEMENT OF FACTS CASE NO. 2:13-CV-00471-ROS
24 34. USAPA and its officers understand the obligations imposed by the duty of
25 fair representation and are committed to representing the entire pilot group effectively and
26 fairly. Hummel MSJ Decl., ¶¶ 18-19.
27 Response: First, this statement (even if found to be true by the Court) is
28 immaterial to the decision on US Airways motion for summary judgment, because it is
1 undisputed that, whatever the understandings and commitments of USAPA and its officers
2 may be, USAPA and its officers will not advocate for an unmodified Nicolau Award
3 seniority list as demanded by the West Pilots. Second, Plaintiffs dispute that USAPA and
4 its officers are committed to representing the entire pilot group effectively and fairly. For
5 example, Plaintiffs have stated: When USAPA officers campaign, they promise
6 unconditional support for date-of-hire and suppression of the Nicolau Award. (Plaintiffs
7 SOE [Doc. No. 259] at 4; see also id.at 2 (East Pilot BPR members regularly meet with
8 USAPAs merger counsel, Mr. Szymanski to discuss seniority issues out of the presence
9 of West Pilot members. USAPA provides no corresponding legal advice to the West
10 Pilots. And perhaps most importantly, its merger counsel, Mr. Szymanski, has long been
11 vigorously defending USAPAs asserted right to use whatever seniority list it wants to
12 integrate East and West Pilots and is leading the defense in this action.).
Respectfully submitted, Dated: November 18, 2013.
***
For OMelveny & Myers LLP
By: /s/ Robert A. Siegel
Robert A. Siegel (pro hac vice) Chris A. Hollinger (pro hac vice) 400 South Hope Street, Suite 1500 Los Angeles, CA 90071-2899
US Airways, Inc.
Karen Gillen, State Bar No. 018008 111 W. Rio Salado Parkway Tempe, AZ 85281
Attorneys for Intervenor US Airways, Inc.
