Originally Posted by
cactiboss
It wasn't a DFR because usapA did not abandon the Nic in the mou. Silver says she had to follow what the 9th said, the Nic isn't abandoned until a new seniority list is put in place.
So then Silver concluded that up to this point the West has not been entitled to the Nic, but you assume the West will be entitled to the Nic at some point in the future when USAPA doesn't use it, at which time USAPA will be liable for all the "damages" during the period when Judge Silver said the West wasn't entitled to it. Where can I buy a tie!
P.S. Silver found that USAPA had a legitimate union purpose to not use the Nic in the MOU.... Any future DFR lawsuit will have to prove USAPA/APA had no legitimate union purpose to abandon the Nic in the JCBA.... Correct?