Originally Posted by
PurpleTurtle
DFR is not the issue. Compliance with MB is the issue.
The Arb Panel is duty bound by MB (no court has changed that or defined it). If they deem themselves unable to proceed with implementation of MB pursuant to the Protocol Agreement, due to current circumstance, the West will be apoplectic and sue. If the Arb Panel assumes they can proceed supra-PA, even more parties could sue.
Well you are correct in part. The arb panel is duty bound MB, however MB is not retroactive. In layman's terms MB can not go back and redo the east west arbitration. The court of appeals has not done anything with respect to MB in the case of LUS and LAA. The courts have stated that PRIOR to the MB process between LUS ans LAA there was a DFR issue. The courts have not left the east pilots abandon like usapa has done. The east pilots are fully represented within the confines of the original final and binding result.
Now just so everyone is clear, anyone can sue anyone at anytime for any reason, however this does not mean that there is a valid case. The east will not have a legal leg to stand on unless the west committee seeks to punish the east for 8 plus years of hardship. They deserve it mind you but it would be a tremendous mistake if they were to attempt that. The west committee should follow the Nic award to the letter adjusted for those that have left the company since 08.
WD at AWA