Originally Posted by
Carl Spackler
The question of "inherit" will almost certainly be litigated as there is no prior law on this very unusual circumstance. Until it's adjudicated, probably best to stay clear of the predictions as to what will happen.
Carl
Ok here is what the company's lawyer, which btw is the most experienced rla attorney in the usa, has to say to federal court in phx. Look it up it's document 178 where the company asks for summary judgment:
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.