Originally Posted by
cactiboss
you forget the west was a defendant in the companies lawsuit? We couldn't appeal only the company. Silver didn't find for usapa, she reiterated what the 9th ruled as matter of law. Until there is a contract our case is not ripe. The Merger makes all the excuses go away
PS. The Nic is status quo, just read the Silver findings
Well, as I said on page 1, I'm not an attorney. I thought you could appeal, but maybe I'm wrong. But if Judge Silver didn't find for USAPA, what is this?
20
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
US Airways, Inc.,
Plaintiff,
vs.
Don Addington, et al.,
Defendants.
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No. CV-10-01570-PHX-ROS
JUDGMENT
Pursuant to the Court’s resolution of the motions for summary judgment,
IT IS ORDERED
Counts I and III of the complaint are dismissed and judgment is
entered in favor of US Airline Pilots Associa
tion on Count II of the complaint. US Airline
Pilots Association’s seniority proposal does not breach its duty of fair representation
provided it is supported by a legitimate union purpose.
DATED this 11
th
day of October, 2012
Just a few things form the MOU that make me question the letters:
"15. US Airways agrees that it will comply with the East and West CBAs and the Transition Agreement
until the Effective Date."
"3. Beginning on the effective date of the POR (the “Effective Date”), pilots employed by US Airways
shall be paid in accordance with the provisions of the MTA that are generally applicable to pilots
employed by New American Airlines. The eligibility of US Airways pilots for a defined contribution
plan accrual shall commence on the Effective Date, and US Airways’ contribution to the retirement
plan beginning on the Effective Date shall be calculated by multiplying an eligible pilot’s eligible
compensation under the applicable retirement plan by the percentage contribution made by New
American Airlines to its pilots’ defined contribution retirement plan."
"Once the MTA has been fully implemented, it shall fully displace and render a nullity any prior
collective bargaining agreements applicable to US Airways pilots and any status quo arising
thereunder."
Anyway, I've had enough. In all seriousness, thanks for posting the letters. I have to give credit where credit is due and say that AOL does a good job of keeping it's members informed. Please post the response letter you receive.