Originally Posted by
cactiboss
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Don Addington; John Bostic; Mark
Burman; Afshin Iranpour; Roger Velez;
Steve Wargocki,
Plaintiffs,
vs.
US Airline Pilots Association; US
Airways, Inc.,
Defendants.
__________________________________
Don Addington; John Bostic; Mark
Burman; Afshin Iranpour; Roger Velez;
Steve Wargocki, et al.,
Plaintiffs,
vs.
Steven Bradford; Paul Diorio; Robert
Frear; Mark King; Douglas Mowery; John
Stephan, et al.,
Defendants.
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No. CV 08-1633-PHX-NVW
(consolidated)
ORDER
CV08-1728-PHX-NVW
The Court has composed the following draft language for the injunction order against
USAPA in this case. This language is published to the parties for any comments or
objections they wish to make before the order is entered.
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In accord with the foregoing and the entire record in this action, it is
hereby ordered that Defendant USAPA and its officers, committees,
representatives, and agents shall immediately, and in good faith, make all
reasonable efforts to negotiate and implement a single collective bargaining
agreement with US Airways that will implement the Nicolau Award seniority
proposal unmodified, according to its terms. Defendant USAPA and its
officers, committees, representatives, and agents shall immediately, and in
good faith, make all reasonable efforts to support and defend the seniority
rights provided by or arising from the Nicolau Award in negotiations with US
Airways. Defendant USAPA shall not negotiate for separate collective
bargaining agreements for the separate pilot groups, but shall rather negotiate
for a single collective bargaining agreement that incorporates the Nicolau
Award.
The Court retains jurisdiction to modify or dissolve this order upon
motion of any party.
IT IS THEREFORE ORDERED that counsel for both parties may submit any
comments and objections relating to the Court’s proposed injunction language on or before
June 30, 2009.
DATED this 25th day of June, 2009.
Damages trial starts Aug 11th, asking for $25 mil a year in damages.
Do you have a copy of the Nicolau finding. Don't want the full seniority list rather his reasoning for his final judgement.
Might be very interesting to read given current events such as RAH and F9, etc.
One thing I am sure of is that any future arbitrations will use that as reference along with the requirement to envoke Allegheny-Mohawk precedent.
Thanks
Lee