BoeingBoy
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- Nov 9, 2003
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It is ironic that those who stop their ears and only hear "NOT RIPE!!!" don't even have the stomach to see that the 9th made it clear under what condition it will be ripe..... only after notations are complete and a contract is ratified.
You need to put a smiley after that since you're surely joking. There may be a few that don't understand that a DFR suit against USAPA for not using the Nic won't be ripe until there's a ratified contract that doesn't use Nic, but it's a very small number of people. Far less than the number who believe that the 9th ruled that USAPA doesn't have to use the Nic.
it is not about ripeness now, it is about bargaining. If the courts decide to continue to judicially intervene during bargaining, when the 9th wouldn't even venture there, then they will only multiply the many lawyers who will have more extensions to their already long and prosperous jobs.
It's now even narrower than bargaining. The question now is only about the company's legal liability once a DFR is ripe - is the TA language concerning seniority integration binding on the company or can the company negotiate a different seniority integration without incurring legal liability.
Also, it's not that the 9th "wouldn't go there" with "there" being bargaining. First, the company wasn't a party to the Addington and it's appeal to the 9th so there was no question about the company's legal liability for the 9th to answer. Second, once the 9th decided to rule that Addington wasn't ripe for adjudication there was no need for them to go further - they didn't go there, not wouldn't. They could have said that if the Addington were refiled after contract ratification with the same fact basis, USAPA would then be guilty of a DFR. They declined to say that in those words, but in the dicta they did give some hints on how they'd rule...
Jim