Originally Posted by R57 relay

"Legitimate Purpose for MOU Provision
Turning to the present case, the West Pilots claim USAPA breached its duty of fair representation by “abandoning the existing obligation to use the Nicolau Award.” For present purposes, the Court will assume such an obligation existed. Therefore, the question is whether USAPA had a legitimate union purpose for that abandonment. As mentioned earlier, this would be an easier inquiry if USAPA had abandoned the Nicolau
Award in favor of a different seniority regime. The Court could then compare the Nicolau Award to the new seniority regime and evaluate USAPA’s reasons for adopting the new regime. But the complicated state of affairs means that, at present, there is no new seniority regime directly comparable to the Nicolau Award. And, in fact, there never will be. The
merger with American Airlines, combined with the terms of the MOU, means a new seniority regime will exist only after the McCaskill-Bond process is complete. That new seniority regime will include the thousands of pilots from American Airlines and it will be difficult to compare that regime to the Nicolau Award. Thus, the only question the Court can answer
at this time is whether USAPA had a legitimate union purpose for entering into the MOU.
It did."

Cacti, you have to admit that your legal team hasn't been right in a long, long time. I guess you could lean on the blind squirrel thing.