Being the squeaky-wheel, USAPA’s counsel was first to answer Judge Silver’s questions. After a long-winded and rather circular argument for discovery by Patrick Szymanski, Judge Silver simply did not find validity in USAPA’s idea that discovery into post-merger career expectations somehow awards the union a lawful right to renege on the Transition Agreement and Nicolau Arbitration. Her focus was refined when Robert Siegel posited that US Airways believes the Nicolau is binding on all parties per the Transition Agreement (TA).
After arguments, Judge Silver decided to forgo lengthy and gratuitous discovery in favor of Expedited Summary Judgment on the legal issue at hand: US Airways liability under the undisputed facts of this case. An Expedited Summary Judgment is what the West and Airways argued for. USAPA apparently was aiming for an adjudication far more involved and time consuming than a summary judgment, but Judge Silver did not give USAPA what they wanted. Now, briefs will be submitted on January 17th and responses are due on February 10th. USAPA and the West will argue how the law applies to Counts I and II1. If Judge Silver decides that the law is clear as applied to the undisputed facts of the Airways case, then she can render a final decision that effectively ends the seniority dispute once and for all.
Finally, we leave you with the quote of the day offered by the Honorable Judge Silver when she responded to USAPA’s request for the Court Ordered Mediation by saying, “Mediation is a needless consumption of time.” We couldn’t agree more.
Sincerely,
Leonidas, LLC