Who cares? They're higher than yours are now, and that's all that matters.
Your correct we don't care enjoy YOUR attrition! MM That last statement kills me maybe it's that 2MILL buyers remorse thing!
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threat, either, because the Company is not participating in making the seniority proposal.
Furthermore, there is no evidence of any Company participation, plan, or scheme to commit a
joint DFR. Its mere acceptance of a ratifiable seniority proposal will not create liability.10
Indeed, since the Company itself has alleged that it cannot be liable on a collusion theory (Doc.
1, ¶ 58), it should be estopped from making this inconsistent assertion.
Even if the Company were deemed to have “colluded” by accepting USAPA’s seniority
integration proposal, date of hire has a long history of being affirmed in DFR challenges.11 And
even then, where an agreed-to arbitration process has purportedly resolved a seniority
integration dispute, a union still retains the right to negotiate an alternative outcome. Associated
Transp., Inc., 185 NLRB 631, 635 (1970).
Irrespective of the potential merits of future claims by the co-defendants, mere threats of
future litigation – or mere history of past litigation – are not sufficient to create a justiciable
controversy. Md. Cas. Co., 312 U.S. at 273. The Company points to the vacated jury verdict in
Addington to support its contention that the “risk of such a lawsuit is not idle speculation.”
(Resp. 12:4). But the jury’s verdict in Addington does not substantiate any future litigation
threat against the Company, since the Company was dismissed from that case six months prior
to trial, and the Addington plaintiffs pointedly declined to pursue any claims against the
Company