"Last week the U.S. District judge in New York dismissed the MDA lawsuit that was filed in 2005 over the terms and conditions of employment of the MDA pilots. The lawsuit contained several claims; the Court dismissed most of them because they were time barred..."
Wait a minute. The first sentence says the suit was dismissed. The second sentence says it dismissed "most of the claims." Which is it?
—ALPA argued that the case didn't have merit based on the SoL, ironically, not on whether or not they failed in DFR! Think about the moral and ethical outcome of that! The judge dutifully ruled the 6 complaints had merit but they legally fell outside the SoL's time lines. Score for ALPA...kinda...because of the SoL.
But, don't miss what she did say: She also allowed the ammended complaint over the Seniority List used in the Nic Arbitration because in her words: "The alleged breach is not about the process or terms of the arbitration award . . . but that the union knew of, and stipulated to, the introduction of an erroneous, previously-corrected seniority list during the arbitration proceedings. To this allegation, defendants have not offered any reason to deny plaintiffs leave...."
That is significant. She get's it. She understands the plaintiff's perspective.
Also,
"...plaintiff have adequately alleged that their injuries were caused by the defendants' knowing stipulation to introduce an erroneous seniority list that they knew would adversely affect the careers and employment rights of their represented members. Plaintiffs' motion for leave to file a supplemental complaint is therefore granted."
Simply put, she tossed out the 6 complaints over the SoL technicality and is allowing the case to be ammended and proceed to trial based on the merits of the plantiff's supplemental arguments. ALPA says that is not a "ruling" by the Judge. While she may not have "ruled" the ALPA failed in DFR, she certainly has ruled the plaintiff's arguments have merit and deserve to be heard. That is also significant. The case moves on as an ammended supplementary case. Had ALPA won it's motion to dismiss, this case would be dead in the water. They didn't. It's not. Discovery is underway.
One more item. ALPA has published that they have not offered a settlement figure to the MDA pilots.