Since most of you wont read the decision, here's is a small excerpt to ponder.
Judge Bybee, Dissenting:
Here,
the absence of a CBA is itself powerful evidence of a DFR
violation. As set forth quite fairly in the majority opinion and
in a lengthy and careful opinion by the district court, the Air
Line Pilots Association (“ALPA”) was decertified and a new
union, the U.S. Airline Pilots Association (“USAPA”), certified
precisely to frustrate implementation of the Nicolau
Agreement and to negotiate a CBA with U.S. Airways that
favors the East Pilots. As the district court found, “USAPA’s
sole objective in adopting and presenting its seniority proposal
to the Airline was to benefit East Pilots at the expense
of West Pilots, rather than to benefit the bargaining union as
a whole.”
Thus, “the terms of USAPA’s seniority proposal are
substantially less favorable to West Pilots than the Nicolau
Award” made through binding arbitration, an award that
“USAPA concedes that it will never bargain for.” It has been
nearly five years since the two airlines merged, and the pilots
are further from, not closer to, a CBA that reflects the interests
of both pilot groups.
Although a CBA would supply tangible
evidence of a violation of the DFR, in this case, there
is sufficient evidence to consider the West Pilots’ complaint
without the CBA. The issues are concrete and were well
ADDINGTON v. US AIRLINE PILOTS ASSOC. 8015
Case: 09-16564 06/04/2010 Page: 18 of 26 ID: 7359802 DktEntry: 46-1
developed in district court proceedings that included a jury
trial (for damages) and a bench trial (for equitable relief). I
would hold the case is ripe for decision and decide the appeal
on the merits.