Naughler v. ALPA dismissed in total. Another East failure....I'm sure they don't even notice failing anymore. It's now part of their DNA. My favorite line in the final opinion:
"Finally, ALP A's submission ofthe factually accurate List to the Arbitration Board, prepared
in accordance with its merger policy, was not in bad faith. Each pilot was given the opportunity to
review his seniority information and appeal it both in writing and in person by having a hearing
before the Merger Committee. Plaintiffs have offered no evidence of fraud, deceit or dishonesty with
regard to any of the information contained in the List. !d., at 299. That ALP A did not label the
plaintiffs as furloughed in the status column on the Certified Seniority List was meant to help the
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Case 1:05-cv-04751-NG-VVP Document 125 Filed 04/11/12 Page 18 of 20 PageID #: 5899
plaintiffs' position during the arbitration process and ultimately did help, as plaintiffs were credited
with length of service time for their employment at MDA, even though everyone understood they
were on furlough.
In sum, based on the undisputed facts, by submitting
the accurate List, the union's conduct
was not arbitrary, discriminatory, or in bad faith, and it did not breach its duty of fair representation.
Since the defendants' conduct did not breach their DFR the court need not analyze whether plaintiffs
can demonstrate "a causal connection between the union's wrongful conduct and their injuries."
Spellacy, 156 F.3d at 126."

MDA pilots were furloughees?!! No Sh*t.
