cactiboss

Post West Merger Committee Update - June 27 2015
June 26, 2015

West Merger Committee Update

Dear

As you're aware, on Friday June 26, the Ninth Circuit issued a published decision in the latest Addington lawsuit against USAPA, holding USAPA liable for breaching its duty of fair representation to the West pilots. As a primary remedy, the court ordered as follows:

"We thus remand this case with instructions to the district court to enter an order enjoining USAPA from participating in the McCaskill-Bond seniority integration proceedings, including any seniority-related discussions leading up to those proceedings, except to the extent that USAPA advocates the Nicolau Award. This remedy adequately accounts for our uncertainty over whether the Nicolau Award would have been implemented because it allows for the possibility that the SLI arbitration panel might not ultimately use the Nicolau Award in its final integration of the US Airways and American Airlines Pilots. It also limits USAPA's participation in the seniority integration proceedings, but does not prohibit USAPA from advocating the seniority position of the East and West Pilots, collectively, as against the American Airlines pilots. Nor is USAPA barred from participating, to the extent it is otherwise permitted, in negotiations regarding other labor matters. At the same time, our injunction has the benefit of alleviating the West Pilots' hardship of fighting on two fronts and ensuring that the East Pilots cannot exploit the benefits of USAPA's breach any longer"

The SLI arbitration panel received the Ninth Circuit opinion shortly after it was published. Following full review of the court order, the arbitration Panel asked the attorneys from each committee to meet on Monday, June 29 "for an off the record conference to discuss these developments and consider the appropriate way(s) to proceed", in lieu of holding opening arguments as originally scheduled. Subsequently, the Panel expanded the conference to include a client representative from each Committee, the Company and APA. The Panel has made clear the limits of this conference: "None of the attending Parties in that meeting will be asked to advocate any substantive ISL position or waive any legal rights to other recourse. Our purpose simply is to become as fully informed as possible of the views of all Parties to our proceeding, before we address [USAPA's] pending motion to suspend the presently scheduled hearing dates." Finally, the Panel made it clear that, for the moment at least, the previously scheduled hearing dates remain in place: "All other scheduled hearing dates remain in place until further notice from the Panel, pending the outcome of those discussions and any necessary rulings by the Panel." At this time, that is the only substantive change to the SLI hearing schedule, however, it is possible that other changes may follow Monday's meeting. We remain committed to minimizing disruptions to the SLI process while also ensuring that the Ninth Circuit mandate is honored and that the results of this SLI proceeding are promptly implemented. We will notify you of any new developments just as soon as we know them.

Thank you for your continued support.

Sincerely,

The West Merger Committee

http://www.cactuspilot.com

757HI

Surpriiiiise surpriiiiise surpriiiiiise.
Gomer Pile

eaglefly

Agreed. That's of little surprise. I certainly don't expect them to go peacefully toward the bright light. They never have before.

Frisco727

I'll bet the python regrets trying to eat a cactus. Needs a little time to recover.

eaglefly

Is there a recovery from ultimately having to crap something like that out ?

FreighterGuyNow

Arbitrator Dana Edward Eischen, Chair of the Arbitration Panel, wrote to the parties as follows:

All:

On behalf of the Panel, this is notification to all concerned that, after careful consideration of the 9th Circuit decision of June 26 and related communications from the Parties, the Panel will not convene the opening session of the hearing when we meet with you on Monday morning, June 29.


Instead, we ask Counsel for each of the Merger Committees, the Company and the APA to plan for a meeting with the Panel beginning at 11:00 am on Monday June 26,

Al Czervik

The panel was clear on this. This is moving forward.

PurpleTurtle

Like it or not Arbitration only occurs willingly or by compulsion.

The Protocol Agreement has been obliterated and a court order compelling arbitration is a long way off.... The more astute will remember it was USAPA that began the court lawsuits to compel the APA to enter into MB arbitration, and as a result the APA got serious about negotiating the Protocol Agreement, and thus we all joined hands and began arbitration.

Arbitration can occur by agreement or by court order. Its just the way it is. Stock up on popcorn.

Frisco727

Try the Poblano Al Carbon at La Hacienda Ranch.

SilverandSore

Hurray, looks like our Jumpseat policy is here for, what, another 3 years! That's one good thing to come out of this.