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Originally Posted by ackattacker
(Post 1916195)
APA (and maybe the company) could be at risk of DFR for proceeding with an integration process where all parties are not fairly represented. That's why they wanted the West there in the first place even though APA has no love for the Nicolau. The West committee and the AAPSIC committe have no duty to fairly represent the East, only APA as a whole does as and the committees are a way for APA to show that they treated everybody fair by giving everybody their chance to advocate their position.
USAPA can fairly claim that this ruling states they can't represent the East pilots position so they withdraw, leaving no one to represent the East pilots at all. If APA allows that farce to proceed, they are at risk of DFR. Long story short expect this process to become even more drawn out the arbitration hearings to be rescheduled. |
Originally Posted by Gomerglideslope
(Post 1916344)
USAPA can't "fairly claim that they can't represent the East" just because they don't like the ruling.
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad.......... On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots...... By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board. |
Originally Posted by ackattacker
(Post 1916471)
From the dissent:
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad.......... On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots...... By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board. |
Originally Posted by SewerPipeDvr
(Post 1916157)
No one should count their chickens just yet. Next up. En banc (before the entire 9th). This three judge panel was 2 right leaning/ one left leaning. The entire Bench is left leaning majority.
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Simple solution
Make it a two step process: confirm U list then combine that with LAA Avoids legal action Signed Not a Lawyer nor Wants to be |
Originally Posted by ackattacker
(Post 1916471)
From the dissent:
Such a sweeping injunction also needlessly hamstrings USAPA’s ability to put forward a position on the key question at issue in the arbitration: how to combine the US Airways seniority lists with the pre-merger American Airlines seniority list. The phrasing of the majority’s instructions to the district court makes it unclear whether USAPA will be allowed to put forth a position on merging the lists at all, since doing so has nothing to do with “advocat[ing] the Nicolau Award.” Maj. Op. at 55. If USAPA does try to put forward a position on integration with the pre-merger American pilots, its efforts will no doubt by hindered by concerns about whether any given position goes beyond advocating the Nicolau Award. And the arbitrators, knowing USAPA is being coerced by a court order, will have little reason take its suggestions seriously. The majority’s injunction, which will effectively eliminate USAPA’s ability to function as a significant participant in the seniority integration proceedings, is overbroad.......... On the other hand, the injunction has the potential to work significant mischief. APA designated three merger committees to participate in the upcoming arbitration: USAPA, a West Pilot merger committee, and a merger committee representing the pilots of the pre-merger American Airlines. As the majority notes, APA likely intended the USAPA merger committee to represent the interests of the East Pilots...... By cutting off USAPA’s speech rights, the majority upsets this balance. For all those pilots who were part of US Airways, but not the West Pilots, there will be no voice to represent them before the McCaskill Bond arbitration board. |
Good luck to all. Remember, it is what it is and it's not worth ruining your life over it.
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Originally Posted by SpecialTracking
(Post 1917216)
Good luck to all. Remember, it is what it is and it's not worth ruining your life over it.
They might as well do the SLI based on date of birth. At least that way everybody ends up #1 on the seniority list for at least a day. |
Originally Posted by Gomerglideslope
(Post 1916343)
I'm curious as to how "left leaning" or "right leaning" judges play into this?
One note- there is a chance the USAPA attorneys could bypass the Ninth and go straight to the on call Supreme for a quick ruling. They are from DC and know the drill. Luck of the draw who is scheduled on call. That would stop it in its tracks. The Ninth I feel is a sure thing, but it might take time. I am sure they are working with a local appellate firm with knowledge of the Bench. |
Originally Posted by SewerPipeDvr
(Post 1917519)
That Court has been a mess for many years. Usually a 6 to 3 split. 6 left leaning/ 3 more sort of "rightish" leaning, and the sides don't really get along well. The last appeal went to USAPA by "leftist" majority. They gave Judge Silver a template to follow. She did that. Now two of the "right" judges threw water all over that. I suspect USAPA will ask, and receive is a expedited En banc hearing by the full Bench. That is why they want a delay to SLI. They will win if the entire Bench hears this and it will be back to the three way (as I believe it should be). Let the arbitrators sort it out. Mean while, the Attorney retirement fund continues. Kaaaaa ching!
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