A Rumor:
C. Injunction Covers Those Acting in Concert
The foregoing discussion is subject to a potentially large qualification. As explained above, the injunction will not explicitly reach nonparties. But the injunction will, as contemplated by Rule 65(d)(2), cover (1) USAPA; (2) USAPA’s officers, agents, servants, employees, and attorneys; and (3) “other persons who are in active concert or participation with anyone described” in numbers 1 and 2. This means that the new East Pilots Merger Committee will have to decide whether it is, in fact, subject to the injunction. Clearly on this record the West Pilots have not established the new committee is in active concert or collusion with USAPA or USAPA’s agents. But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award. Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions.
The new committee members and their counsel must decide, at their substantial peril, whether they are subject to the injunction."
"D. Conclusion
The West Pilots knew within three days of the Ninth Circuit’s decision that
USAPA had withdrawn from the arbitration and that the East Pilots would seek to have non-USAPA representatives at the arbitration. Therefore, the West Pilots had time to ask the Ninth Circuit to revise its injunction analysis to cover that possibility but did not do so. Based on the Ninth Circuit’s instructions, this Court likely does not have the power to grant the West Pilots relief the Ninth Circuit was unwilling to provide. But even if this Court had such power, it would be not appropriate.
Accordingly,
IT IS ORDERED the Motion for Rule 25(c) Joinder of [the APA] and For
Issuance of Permanent Injunction (Doc. 317) is DENIED IN PART AND GRANTED
IN PART. The request for substitution is DENIED but the request for Permanent
Injunction is GRANTED.
IT IS FURTHER ORDERED USAPA and its officers, agents, servants,
employees, and attorneys, and those persons in active concert or participation with them
who receive actual notice of this order are hereby enjoined from taking any action on
behalf of legacy US Airways East pilots in the McCaskill-Bond proceedings, including
any seniority-related discussions leading up to those proceedings, except to the extent
that they advocate the Nicolau Award.
IT IS FURTHER ORDERED the Allied Pilots Association is JOINED as a
Defendant.
IT IS FURTHER ORDERED the Request for Judicial Notice (Doc. 332) is
GRANTED.
IT IS FURTHER ORDERED the hearing set for September 24, 2015 is
VACATED.
Dated this 22nd day of September, 2015.
Honorable Roslyn O. Silver
Senior United States District Judge"