Additions to USAPA's "What's Up on the Line": January 4, 2012
Injunction - Can US Airways Sue for Damages?
January 4, 2012
Q - Regarding the preliminary Injunction against USAPA in the Charlotte case, can US Airways sue USAPA for the amount of damages they allege a "work action" was costing them?
A - No. The Order by itself does not permit the Company to file for alleged damages. What it does allow is for them to file contempt charges with the court if they believe that future behavior by either USAPA or an individual violates the Order. They would then have to prove their contempt charge to the Court. There is a process that the Company would have to follow. It would be a different process than they use for the grievance process.
Eastern District of New York (EDNY) Lawsuit Filing
January 4, 2012
Q - Did the President consult the BPR prior to filing this lawsuit?
A - YES. The President informed the BPR via telephone prior to filing the case. The case was filed on May 27, 2011 with the Board's knowledge, and without opposition.
Many pilots believe the Company has been abusing the RLA by frustrating the negotiating, grievance and arbitration process. That being said, the factual and legal landscape was analyzed to determine if there was any way for us to protect ourselves. We determined that there was opportunity to use the courts to make the Company abide by the law. Will it be an uphill fight? Of course; it's not fun walking into Federal Court as a labor union in America. But, we believe that the pilots chose USAPA as their union because they were tired of ALPA not fighting for them, even if it is an uphill battle.
Appeal from Judge Silver
January 4, 2012
Q - “I have had some people comment that they have heard that a ruling by Judge Silver would not be able to be appealed. What is the quick and easy answer?”
A - USAPA Legal tells us that any “final decision” issued by a United States District Court can be appealed. The basic idea is that an appeal can be filed when the case before the District Court has been fully treated and has reached a full stop. So-called “interim orders”—which the District Court may issue at various stages before a final decision—are not generally appealable. These interim orders may include an order denying a motion to dismiss, an order dismissing a cross-claim or an order certifying a class, all of which have been issued in the Phoenix Declaratory Judgment action currently pending before Judge Silver. But it is absolutely clear that a final decision can be appealed.