To bad I can't attach the whole order, the judge really goes into what kind of scum these usapa boys are, anyway this is the excerpt of the last page. bottom line the Nicolau is the seniority list for usairways and is binding on usapa or any successor union.













IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633
PHX-NVW in favor of the Plaintiffs and the class of all pilots employed by US Airways,
Inc., in September 2008 who were on the America West seniority list on September 20, 2005,
that Defendant US Airline Pilots Association and its officers, committees, representatives,
agents, and all persons in active concert and participation with them are permanently
enjoined and ordered to:
A. 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;
B. Make all reasonable efforts to support and defend the seniority rights provided
by or arising from the Nicolau Award in negotiations with US Airways; and
Case 2:08-cv-01633-NVW Document 594 Filed 07/17/2009 Page 2 of 3
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C. Not negotiate for separate collective bargaining agreements for the separate
pilot groups, but rather negotiate for a single collective bargaining agreement for both
pilot groups that incorporates the Nicolau Award. This injunction does not restrain
USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent
with the previous sentence.
The Court retains jurisdiction to enforce, modify, or dissolve the permanent injunction
portion of this order. The Court retains jurisdiction to adjudicate the named Plaintiffs’
unadjudicated claims for damages and any claims for attorney fees.
DATED this 17th day of July 2009