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Old 06-04-2010, 01:07 PM
  #2  
cactusmike
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Joined APC: May 2005
Position: B777/CA retired
Posts: 1,483
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Yes, USAPA won in a 2 to 1 decision by the 9th Circuit but it is not about the seniority list. The court was ruling on the "ripeness" of the case, i.e. had the West pilots actually been harmed by USAPA's actions so far. The majority said that no harm had occurred yet due to the lack of a joint contract with USAPA's DOH seniority list in that contract. So basically we have to be f###ed before we are harmed. The dissenting judge has some very interesting comments so we will see what happens next.

I just printed out my 26 page copy and I will be going through it carefully but really, this does not change anything. The company accepted the Nicolau list and any attempt by USAPA to bring forth a contract with anythging other than relative seniority will land them back in court with no question as to the ripeness of the case. In the meantime we just get on with the job and life.

Here is the decision if you are interested:

http://www.awappa.org/forum/attachme...2&d=1275668014
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