DOH is a guaranteed redux of Addington, and that's something the company obviously wants no part of. The only reason the company was dismissed the first time was because they hadn't legally acted upon USAPA's DOH proposal. Fast forward to a joint contract that doesn't have the Nic, and then there's no reason whatsoever to expect that the company will sneak out again. They know it. We know it. And I suspect Seham and Clearly know it. All the players know where this is headed, and that's what scares Cleary to death. LOA 93, the viability of a DOH cramdown, the "trust us and you'll get your reward for supporting USAPA's plan" . . . . all of it is being exposed for the fraud that the USAPA leadership is.
The Company has twice failed to pursue resolution of the alleged controversy before the
System Board. First, when having won dismissal of claims against it by the Addington
plaintiffs the Company acquiesced to the withdrawal of their grievance before the System
Board and chose not to pursue the matter itself; a tacit admission that there is nothing about this
matter that presents harm or any imminent crisis to the Company. Second, when the Company
sought this Courts intervention instead of resorting to the System Board, which it knew from
its own successful motion to dismiss, to have exclusive jurisdiction. To the extent that the
Addington plaintiffs have not already waived their contract-based claims due to their prior
grievance withdrawal, they could be given notice of the arbitral proceedings and allowed
petition to be included as a party to the arbitral process. See Steward v. Mann, 351 F.3d 1338,
1346-47 (11th Cir. 2003).
Even more fundamentally, the TA, pursuant to section XII.B, is open for modification by
USAPA and the Company. (Doc. # 34-2 at 15). Indeed, pursuant to section XII.E.1 of the TA,
it is open for termination, hence it is no firm goal-post to hitch a case or controversy to. (Id.
16).