And I'll call you a dimwit and a thief.
OK, "dimwit" may be arguable, depends upon who you ask, you might try talking to my ex-wife to make that case.
"Thief", I think not. The West has never had anything, I have ever been the least bit interested in and certainly nothing I would go to the trouble of "stealing".
As Judge Silver's Order states, "When the collective bargaining agreement is finalized, individuals will be able to determine whether USAPA’s abandonment of the Nicolau Award was permissible, i.e. supported by a legitimate union purpose. Thus, the best “declaratory judgment” the Court can offer is that USAPA’s seniority proposal does not automatically breach its duty of fair representation. This conclusion places US Airways in a difficult position. At the present time, it is not possible to predict what will result from the collective bargaining negotiations. Thus, the Court cannot grant US Airways prospective immunity from any legal action by the West Pilots. 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".
So, "Team Tempe" ends up with 'immunity light", just enough wiggle room to go ahead and negotiate a JCBA as a "three way" or a "two way", depending on if the merger happens. In the event of a merger, a ratified negotiated or arbitrated JCBA with AMR with appropriate furlough protection, significant pay raises and greatly increased "career expectations" for all, would seem to make it difficult for either party to prevail in a DFR action.
It seems Judge Silver has opened the door to defining the difference between a "binding" arbitration and an "enforceable" arbitration, apparently she thinks there may be a difference.
We shall see, this is far from over.
seajay
