US Airways Appeal
#2
Gets Weekends Off
Joined APC: May 2005
Position: B777/CA retired
Posts: 1,481
Yes, USAPA won in a 2 to 1 decision by the 9th Circuit but it is not about the seniority list. The court was ruling on the "ripeness" of the case, i.e. had the West pilots actually been harmed by USAPA's actions so far. The majority said that no harm had occurred yet due to the lack of a joint contract with USAPA's DOH seniority list in that contract. So basically we have to be f###ed before we are harmed. The dissenting judge has some very interesting comments so we will see what happens next.
I just printed out my 26 page copy and I will be going through it carefully but really, this does not change anything. The company accepted the Nicolau list and any attempt by USAPA to bring forth a contract with anythging other than relative seniority will land them back in court with no question as to the ripeness of the case. In the meantime we just get on with the job and life.
Here is the decision if you are interested:
http://www.awappa.org/forum/attachme...2&d=1275668014
I just printed out my 26 page copy and I will be going through it carefully but really, this does not change anything. The company accepted the Nicolau list and any attempt by USAPA to bring forth a contract with anythging other than relative seniority will land them back in court with no question as to the ripeness of the case. In the meantime we just get on with the job and life.
Here is the decision if you are interested:
http://www.awappa.org/forum/attachme...2&d=1275668014
#3
#7
Way way back in my early days, I used to fly with a guy who swore up and down that the only proper way to merge airlines was DOH.
He'd go on and on about it. Eventually he wound up at America West. I wonder if he's changed his mind.
You guys ever consider some kind of compromise to cut your losses (on both sides)? Laywers will take your money till the cows come home, not to mention the harm from no contract...
Just sayin'
Nu
He'd go on and on about it. Eventually he wound up at America West. I wonder if he's changed his mind.
You guys ever consider some kind of compromise to cut your losses (on both sides)? Laywers will take your money till the cows come home, not to mention the harm from no contract...
Just sayin'
Nu
#8
Gets Weekends Off
Joined APC: Jan 2007
Posts: 405
Way way back in my early days, I used to fly with a guy who swore up and down that the only proper way to merge airlines was DOH.
He'd go on and on about it. Eventually he wound up at America West. I wonder if he's changed his mind.
You guys ever consider some kind of compromise to cut your losses (on both sides)? Laywers will take your money till the cows come home, not to mention the harm from no contract...
Just sayin'
Nu
He'd go on and on about it. Eventually he wound up at America West. I wonder if he's changed his mind.
You guys ever consider some kind of compromise to cut your losses (on both sides)? Laywers will take your money till the cows come home, not to mention the harm from no contract...
Just sayin'
Nu
#9
Gets Weekends Off
Joined APC: Jan 2007
Posts: 405
I just printed out my 26 page copy and I will be going through it carefully but really, this does not change anything. The company accepted the Nicolau list and any attempt by USAPA to bring forth a contract with anythging other than relative seniority will land them back in court with no question as to the ripeness of the case.
At this point, neither the West Pilots
nor USAPA can be certain what seniority proposal ultimately
will be acceptable to both USAPA and the airline as part of
a final CBA. Likewise, it is not certain whether that proposal
will be ratified by the USAPA membership .....
Thus, even under the district court’s injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilots’ preferred seniority system ever
would be effectuated. ....
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.
#10
The court begs to differ:
At this point, neither the West Pilots
nor USAPA can be certain what seniority proposal ultimately
will be acceptable to both USAPA and the airline as part of
a final CBA. Likewise, it is not certain whether that proposal
will be ratified by the USAPA membership .....
Thus, even under the district court’s injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilots’ preferred seniority system ever
would be effectuated. ....
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.
At this point, neither the West Pilots
nor USAPA can be certain what seniority proposal ultimately
will be acceptable to both USAPA and the airline as part of
a final CBA. Likewise, it is not certain whether that proposal
will be ratified by the USAPA membership .....
Thus, even under the district court’s injunction
mandating USAPA to pursue the Nicolau Award, it is
uncertain that the West Pilots’ preferred seniority system ever
would be effectuated. ....
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.
I am amazed and shocked. This industry has hit a new low.
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01-01-2022 05:02 PM