Originally Posted by
cactiboss
so looks like hey will take out the dca boys first, that leaves just clt/phl to vote against jfk/dca/Mia/ord/Dfw/lax and last but not least PHX.
The reason the West had no traction against the new union is because the West sued an issue before it was ripe, and more importantly they tried to sue for a breach of DFR, which is extremely hard to prove, due to a wide range of reasonableness standard.
The APA will not be able to have the same latitude as USAPA did when they became the single carrier because of a little thing called a federal statute, something far more precise and controlling than a DFR. APA is not being sued for a DFR, they are being sued for a violation of a federal statute. The West rejected the idea that MB could provide them any protections and chose instead to go double or nothing, and got nothing, except for a bunch of legal bills and patriotic ties.
Yesterday, Monday, April 21, the Plaintiffs in Addington II filed a Notice of Appeal (Doc 306) asking the United States Court of Appeals for the Ninth Circuit (located in San Francisco) to review the decision issued by the United States District Court for the District of Arizona (Judge Roslyn O. Silver). The decision dismissed all claims against US Airways and USAPA. In particular, the decision upheld USAPA’s decision not to include the Nicolau Award in the Memorandum of Understanding that was ratified in February 2013, and ruled that Plaintiffs are not entitled to participate as a separate party in the seniority list integration proceeding that will integrate the seniority of American and US Airways pilots.
The other parties (US Airways and USAPA) have 14 days to file a cross-appeal. A cross-appeal allows the party filing it to argue that the decision is incorrect and should be changed. The Clerk has issued a Scheduling Order; Plaintiff’s - Appellants Brief is due July 30, 2014. Answering Briefs are due August 29, 2014. Reply Briefs are due 14 days after the filing of the Answering Briefs. Once the briefs are filed, the Court will set a date for oral argument. The normal time for oral argument is anywhere from 12-20 months from the date the appeal is filed. There is no time limit for issuing a decision following oral argument, but in most cases the decision is issued 3 months to a year after oral argument.
We will keep you informed of developments and filings in this case.
USAPA Communications