On July 26, 2010, US Airways filed a lawsuit in federal court in Arizona before Judge Silver seeking a declaratory judgment. The action was to determine whether USAPA is required to implement the Nicolau Award or is free to pursue a different seniority proposal. A class of west pilots argued that USAPA was required to implement the Nicolau Award. USAPA argued that it was not required to implement the Nic.
Two years later on October 11, 2012, Judge Silver dismissed counts I and III of US Airways’ claim and entered a judgment in favor of the US Airline Pilots Association on Count II of the complaint. Her judgment stated that the US Airline Pilots Association’s seniority proposal does not breach its duty of fair representation provided it is supported by a legitimate union purpose. US Airways, supported by the West Pilot Class, then asked Judge Silver to reconsider her decision. That was denied, and her judgment was reaffirmed in favor of USAPA. On December 31, 2012, US Airways appealed the decision of Judge Silver to the United States Court of Appeals for the Ninth Circuit.
Yesterday USAPA’s lawyers asked the Ninth Circuit to expedite the appeal filed by US Airways in order to have it decided prior to a merger with APA. We want there to be no uncertainty about whether USAPA can pursue a different seniority proposal pursuant to a merger. USAPA legal counsel is confident that a prompt resolution of this case will result in the Circuit Court again upholding the USAPA position. The West Pilots have indicated that they will oppose a prompt resolution of the US Airways appeal. USAPA’s motion to expedite and supporting papers are posted in the USAPA Legal Library.
During the past several days, the lawyer for the West Pilot Class has sent letters to USAPA, APA and US Airways suggesting that the West Pilots would file a lawsuit to stop the merger unless US Airways implements the Nicolau Award. These letters were fully anticipated by our legal team. USAPA’s position as advised by our legal counsel is that there is no legitimate legal basis for any action to stop the merger. USAPA is fully prepared to defend whatever legal action might be filed that would jeopardize the merger.
Our union, our lawyers and our merger counsel have been advised that USAPA will begin the seniority integration process with APA by pursuing what Article I, Section 8 D of our Constitution requires, “To maintain uniform principles of seniority based on date of hire and the perpetuation thereof, with reasonable conditions and restrictions to preserve each pilot’s un-merged career expectations.”
This merger provides substantial and life changing benefits to all USAPA pilots, including those based in Phoenix. USAPA will aggressively oppose any efforts to slow down or stop the merger process and will be equally vigilant in adhering to our constitutionally mandated principles that reject the Nicolau Award in its entirety.
Regards,

What do you think about the request to expedite the appeal? Good for all of us, right? You didn't highlight the line about the west pilots being opposed to that. Is it true?