Originally Posted by
Hiwaymiles
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.
Originally Posted by
Hiwaymiles
USAPA may now negotiate for a contract with a seniority system that is NOT the Nicolau award..
Yes, that is correct, however, they lead themselves right into a DFR suit if they do.
2.
Originally Posted by
Hiwaymiles
West pilots may not sue for damages until AFTER a joint contract is ratified by the whole pilot group..
Yep, that's the ripeness thing, however, the closer we are to a joint contract the closer we are to ripeness. Thsi case could be reopened if there is a TA with a DOH list.
3.
Originally Posted by
Hiwaymiles
There is no certainty that USAPA will be found guilty of DFR in the next trial..
There is no certainty in anything, yet we have had all justices in the case say that the West pilots have been hurt by USAPA. And there are internal USAPA actions subsequent to the trial that keep feeding fuel to our fire.
4.
Originally Posted by
Hiwaymiles
Judge Wake may not be the judge in the next trial..
Does not matter who the judge is, we won the district case with a jury present.
5.
Originally Posted by
Hiwaymiles
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..
No, this will be expedited as well. there are a lot of judicial issues in play and we have already set a record for a hearing in a federal court. We have an injunction that will be set aside but could quickly be brought back in place. The big trick in these cases is getting the initial hearing to take place. That has happened already.
6.
Originally Posted by
Hiwaymiles
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..
Again, this does not matter. There are over 1000 donors to the Addington fund.
Originally Posted by
Hiwaymiles
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.
We were not going to get anything done anyway as long as the East is willing to live under LOA 93 and not negotiate a contract.