January and February will be interesting
In case the East guys don’t know, USAPA’s number one lawyer is being replaced.
This is in preparation for the upcoming trial on Count 3 (DFR) and of course the applicability to Counts 1 and 2, in which case the West pilots may be awarded damages, even though the judge declined to force the Company to halt the “out of seniority” furloughs out of courtesy to the company, IE not running their business. But his “ripe for settlement” remarks mean he will order the appropriate compensation if/when he conducts the trial and renders a verdict. The following info was posted on another web site and it is right on the mark.
"The decision to replace Seham is interesting for a few reasons:
1. USAPA is apparently very concerned about the possibility that it's attorney's advice prior to it becoming the bargaining agent will is or will become discoverable and that there is a real possibility that Seham will be called as a witness at trial by the plaintiffs. This is never good news in any litigated matter.
2. The change of counsel “could” be a tool for attempting to justify a continuance even after the judge apparently has said no to any continuance. This would at least give the new attorney a chance to essentially re-argue a continuance motion. However, the judge may respond by saying that defendant and counsel should not be able to use their own alleged conduct as a justification for a continuance.
3. Depending on what advice Seham has given USAPA, new counsel may decide to speak to the BPR in order to try and settle this case. The problem is that the costs and fees are now rapidly escalating and plaintiffs may well choose to not compromise on Nicolau at this point because of the additional funding that was required to just enforce a ruling they had already won. From where I sit, very much on the sidelines with no inside information from any party, the only way I can see plaintiffs settling is for complete implementation of Nicolau, full membership of every West pilot in USAPA and full waiver of all claimed past dues and/or agency fees, as well West immunity from any special assessments resulting from any litigation against West.
We just want what we agreed to in binding arbitration – there will be no compromise on the arbitration agreement both parties willingly entered into. The East pilots profit every day from our “out of seniority” furloughs. AWA’s awarded Growth 757 slots and AWA’s missed E190 slots are two other examples of East IOUs that USAPA hasn’t taken one step towards implementing. With new hire pilots working out East, East pilots enjoy a quality of life that a furloughed West pilot is funding. Honestly, I don’t know how they can support the sham they have created and look themselves in the mirror. They are profiting on their merger partner’s (fellow pilots) back. Out West, Integrity Matters and we have 1700 pilots funding the defense. For everyone’s benefit, do not pay any attention to the idiot in the room.
imp:
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