Here, the Plaintiffs’ claims are even weaker than the claims of the America West
pilots that the Ninth Circuit held were unripe. While USAPA’s refusal to negotiate a CBA
incorporating the merged seniority list resulted in actual furloughs of some America West pilots
that would not otherwise have occurred, here, the Plaintiffs may be injured only if (i) USAPA
agrees to violate its constitution by implementing the Arbitration Board’s merged seniority list as
part of a new comprehensive collective bargaining agreement, (ii) the US Airways pilots agree
by majority vote to ratify that new collective bargaining agreement,10 and (iii) the list is
implemented without any conditions to alleviate or eliminate the perceived negative effect on the
9 See USAPA Constitution and Bylaws, Exhibit A to the Supplemental Declaration of James L. Linsey (“Supp.
Linsey Decl.”), at 8, § 8.D and 25, § 5.A.3.
10 The court in Addington noted that “[a]dditionally, USAPA's final proposal may yet be one that does not work
the disadvantages Plaintiffs fear, even if that proposal is not the Nicolau Award,” and thus the implementation of a
CBA that does not include the Arbitration Board’s merged list would not necessarily be a breach of USAPA’s DFR.
2010 WL 2220058 at *5.
Case 1:05-cv-04751-NG -VVP Document 118 Filed 06/25/10 Page 12 of 37
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Plaintiffs. Indeed, such an action by USAPA and the US Airways pilots would be a superseding
cause breaking any chain of causation emanating from ALPA’s alleged DFR breach. See Ramey
v. Dist. 141, IAM, 473 F.Supp.2d 365, 368 (E.D.N.Y. 2007) (dismissing DFR claim because
unforeseen events broke chain of causation). Thus, even more so than in Addington, there are
“contingencies that could prevent effectuation of [the Opinion and Award] and the
accompanying injury,” and Plaintiffs’ claims should be dismissed as unripe. Addington, 2010
WL 2220058, at *4.
You see NIC , the NIC will never be a forced position on USAPA, because ALPA want's no part of it! As evidenced by their(ALPA's) response. Say it "internal union process"!