TWA Dude
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- Nov 26, 2001
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Injunction (Doc. No. 10) against USAPA and HEREBY ORDERS:
1. USAPA and its members, agents, and employees, and all persons and
organizations acting by, in concert with, through, or under it, or by and through its order, are
enjoined from permitting, instigating, authorizing, encouraging, participating in, approving, or
continuing any interference with Plaintiff’s airline operations, including, but not limited to, any
slowdown, strike, work stoppage, sick-out, work to rule campaign, or any concerted refusal to
perform normal pilot operations in violation of the RLA, pending a hearing on the permanent
injunction.
2. USAPA shall take all reasonable steps within its power to prevent the aforesaid
actions and to refrain from continuing the aforesaid actions if commenced, including, but not
limited to, the following:
a. Instructing all pilots represented by USAPA and employed by Plaintiff to resume
their normal working schedule and practices and providing Plaintiff a copy of all
such instructions;
b. Notifying all pilots represented by USAPA and employed by Plaintiff, by the
most expeditious means possible, of the issuance, contents, and meaning of this
Preliminary Injunction and providing Plaintiff a copy of all such notices;
c. Including in such notice a directive from USAPA to US Airways’s pilots who are
engaging in a concerted refusal to perform normal pilot operations, including but
not limited to, slow taxiing, writing up all maintenance items, calling in fatigued,
delaying flights, refusing to answer a call from the scheduling, refusing to fly an
aircraft that meets the requirements for flight, or refusing to accept voluntary or
Case 3:11-cv-00371-RJC -DCK Document 72 Filed 09/28/11 Page 43 of 45
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overtime flying, to cease and desist all such activity and to cease and desist all
exhortations or communications encouraging same.
d. Posting the notice described above on Defendant USAPA’s internet websites and
providing Plaintiff a copy of the notices;
e. Including the contents of such notice on any and all recorded telephone hotlines
under control of USAPA, until such time as the Court has acted on Plaintiff’s
Motion for a Permanent Injunction, and providing Plaintiff a copy of all such
messages; and
f. Distributing the contents of such notice through all non-public communication
systems maintained by USAPA, including any telephone trees, text message lists,
pilot-to-pilot communication systems, or similar systems, and providing Plaintiff
a copy of the notices.
3. USAPA is prohibited from including in such notices (or distributing
contemporaneously with such notices) any statements that are intended or could reasonably be
interpreted to mean that pilots should continue to engage in the previously-described conduct
notwithstanding the Preliminary Injunction.
4. USAPA shall report to the Court by 5 p.m. on October 4, 2011, by sworn
affidavit, the methods used to effect the notice described above to all USAPA-represented pilots,
and furnish to the Court copies of all notices required to be furnished to the Plaintiff under the
Court’s Order.
1. USAPA and its members, agents, and employees, and all persons and
organizations acting by, in concert with, through, or under it, or by and through its order, are
enjoined from permitting, instigating, authorizing, encouraging, participating in, approving, or
continuing any interference with Plaintiff’s airline operations, including, but not limited to, any
slowdown, strike, work stoppage, sick-out, work to rule campaign, or any concerted refusal to
perform normal pilot operations in violation of the RLA, pending a hearing on the permanent
injunction.
2. USAPA shall take all reasonable steps within its power to prevent the aforesaid
actions and to refrain from continuing the aforesaid actions if commenced, including, but not
limited to, the following:
a. Instructing all pilots represented by USAPA and employed by Plaintiff to resume
their normal working schedule and practices and providing Plaintiff a copy of all
such instructions;
b. Notifying all pilots represented by USAPA and employed by Plaintiff, by the
most expeditious means possible, of the issuance, contents, and meaning of this
Preliminary Injunction and providing Plaintiff a copy of all such notices;
c. Including in such notice a directive from USAPA to US Airways’s pilots who are
engaging in a concerted refusal to perform normal pilot operations, including but
not limited to, slow taxiing, writing up all maintenance items, calling in fatigued,
delaying flights, refusing to answer a call from the scheduling, refusing to fly an
aircraft that meets the requirements for flight, or refusing to accept voluntary or
Case 3:11-cv-00371-RJC -DCK Document 72 Filed 09/28/11 Page 43 of 45
44
overtime flying, to cease and desist all such activity and to cease and desist all
exhortations or communications encouraging same.
d. Posting the notice described above on Defendant USAPA’s internet websites and
providing Plaintiff a copy of the notices;
e. Including the contents of such notice on any and all recorded telephone hotlines
under control of USAPA, until such time as the Court has acted on Plaintiff’s
Motion for a Permanent Injunction, and providing Plaintiff a copy of all such
messages; and
f. Distributing the contents of such notice through all non-public communication
systems maintained by USAPA, including any telephone trees, text message lists,
pilot-to-pilot communication systems, or similar systems, and providing Plaintiff
a copy of the notices.
3. USAPA is prohibited from including in such notices (or distributing
contemporaneously with such notices) any statements that are intended or could reasonably be
interpreted to mean that pilots should continue to engage in the previously-described conduct
notwithstanding the Preliminary Injunction.
4. USAPA shall report to the Court by 5 p.m. on October 4, 2011, by sworn
affidavit, the methods used to effect the notice described above to all USAPA-represented pilots,
and furnish to the Court copies of all notices required to be furnished to the Plaintiff under the
Court’s Order.
