The Declaritory Relief filing by the company boils down to this:
From the latest March 2012, Us Airways motion; (from the legal brief and their interpretation of the law)
CONCLUSION
The Transition Agreement is binding on USAPA, both under ordinary principles of
contract law and under the status quo provisions of the RLA. That stated, USAPA can
propose amendments to the Transition Agreement, subject to its DFR to the West Pilots.
US Airways takes no position on the question whether USAPA would, or would not,
breach its DFR by insisting on (and entering into a CBA with US Airways containing) a
date-of-hire seniority list under the circumstances of this case. Instead, US Airways
respectfully requests that the Court resolve that issue by granting summary judgment in
favor of either the West Pilots Class or USAPA on either Count 1 or 2."
Us Airways original July, 2010 Declaratory Relief request from the court
"PRAYER FOR RELIEF
US Airways prays for judgment against the Named Addington Pilots, the West
Pilot Class, and USAPA as follows:
Count 1. For a declaration that: (a) USAPA is currently violating its duty under
Section 2, First, of the Railway Labor Act “to exert every reasonable effort to make and
maintain agreements concerning rates of pay, rules, and working conditions” by its
continued insistence in current collective bargaining negotiations upon an integrated
seniority list other than as reflected in the Nicolau Award, and (B) entry into a collective
bargaining agreement between US Airways and USAPA which does not incorporate the
Nicolau Award would constitute a breach of USAPA’s duty of fair representation to the
West Pilots in violation of the Railway Labor Act, and therefore US Airways is prohibited
from accepting or implementing a non-Nicolau seniority list; or
Count 2. In the alternative, for a declaration that: (a) entry into a collective
bargaining agreement between US Airways and USAPA which does not incorporate the
Nicolau Award would not constitute a breach of USAPA’s duty of fair representation to
the West Pilots in violation of the Railway Labor Act; and (B) USAPA would therefore
not violate its duty under Section 2, First, of the Railway Labor Act “to exert every
reasonable effort to make and maintain agreements concerning rates of pay, rules, and
working conditions” if it continues to demand that US Airways agree to an integrated
seniority list other than as reflected in the Nicolau Award, and therefore US Airways is
not prohibited from accepting or implementing a non-Nicolau seniority list; or
3. In the alternative, for a declaration that, regardless of whether it would
constitute a breach of USAPA’s duty of fair representation to the West Pilots or otherwise
violate the Railway Labor Act for USAPA to insist upon or enter into a collective
bargaining agreement that does not incorporate the Nicolau Award, US Airways would
not be liable under the Railway Labor Act or otherwise if it were to enter into such a
collective bargaining agreement; and
Case 2:10-cv-01570-ROS Document 1 Filed 07/26/10 Page 23 of 24
4. For such other, further, and/or different relief as the Court may deem just
and proper.
Dated: July 26, 2010
US Airways, Inc."
