Ninth Circuit deals hammerblow to West pilots
Those who claim this decision brings little change are either in denial or guilty of wishful thinking. Here are some of the consequences of this reversal:
1. USAPA may now negotiate for a contract with a seniority system that is NOT the Nicolau award.
2. West pilots may not sue for damages until AFTER a joint contract is ratified by the whole pilot group.
3. There is no certainty that USAPA will be found guilty of DFR in the next trial.
4. Judge Wake may not be the judge in the next trial.
5. The next trial will take YEARS to come to a conclusion, while USAirways operates under a seniority system ratified by a majority of its pilots.
6. The Addington plaintiffs will receive no reimbursement from USAPA, and will have to pay out of their own pockets again for a lengthy and expensive series of motions, hearings, suits, and appeals before this matter is finally settled.
Although not a final settlement in favor of USAPA, this deals a hammer blow to the West pilots’ hope of enjoying the benefits of Nicolau any time soon, and places the final outcome in doubt.