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OCT/NOV 2012 US Pilots Labor Discussion

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So, what do you all think this means...

Phoenix Declaratory Judgment Action Decision and Judgment Issued


The Order/Decision and formal Judgment were issued a few minutes ago in the Phoenix Declaratory Judgment case. They are posted in the Legal Library. Here is the text of the Judgment:
Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED
Counts I and III of the complaint are dismissed and judgment is entered in favor of US Airline Pilots Association on Count II of the complaint. US Airline Pilots Association’s seniority proposal does not breach its duty of fair representation provided it is supported by a legitimate union purpose.
An explanatory Update will follow soon.
USAPA Communications

It means USAPA had to have a damn good reason for not using the Nic or it will be on "dangerous ground".

It doesn't have and never has a good reason.

And she doesn't indemnify the company.

Nothing has changed.
 
It means USAPA had to have a damn good reason for not using the Nic or it will be on "dangerous ground".

It doesn't have and never has a good reason.

And she doesn't indemnify the company.

Nothing has changed.

Do you agreeing with LS now?
 
It means USAPA had to have a damn good reason for not using the Nic or it will be on "dangerous ground".

It doesn't have and never has a good reason.

And she doesn't indemnify the company.

Nothing has changed.

Everything has changed.

It is a new day skippy...

Boeing Driver
 
It means USAPA had to have a damn good reason for not using the Nic or it will be on "dangerous ground".

It doesn't have and never has a good reason.

And she doesn't indemnify the company.

Nothing has changed.

"But based on the representation at oral argument that the seniority list is unlike other
matters addressed in collective bargaining, it is unlikely the West Pilots could successfully

allege claims against US Airways merely for not insisting that USAPA continue to advocate

for the Nicolau Award."


Boeing Driver
 
"But based on the representation at oral argument that the seniority list is unlike other
matters addressed in collective bargaining, it is unlikely the West Pilots could successfully
allege claims against US Airways merely for not insisting that USAPA continue to advocate
for the Nicolau Award."

Boeing Driver

Read the transcripts. The judge did not buy the collusion angle. The company is out. The NIC will be on trial in DFR II. I believe that the new hire going ahead of the 17 year guy will be very much center stage. You will get your answer in another 3-6 years. Game over.

NICDOA
NPJB
 
Read the transcripts. The judge did not buy the collusion angle. The company is out. The NIC will be on trial in DFR II. I believe that the new hire going ahead of the 17 year guy will be very much center stage. You will get your answer in another 3-6 years. Game over.

NICDOA
NPJB

Agreed. In any future proceedings the very lopsided unfairness of the NIC will now be on full display and in contention as well.

Boeing Driver
 
So. What is the "legitimate Union Purpose" for USAPA to abandon the Nic Award? It took a Jury less than 90 minutes of deliberation to shoot down every effort $eham put forth last time.

If I were USAPA I wouldn't be too thrilled with Silvers ruling. USAPA is free to Jump off a cliff, and the company can be liable for the ratified contract.

My guess is barring the merger, no new contracts for anybody for the foreseeable future. Years.
 
Read the transcripts. The judge did not buy the collusion angle. The company is out. The NIC will be on trial in DFR II. I believe that the new hire going ahead of the 17 year guy will be very much center stage. You will get your answer in another 3-6 years. Game over.

NICDOA
NPJB
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.
So says Silver.
 
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