Quick Facts # 15 Hosted on Unbiased Facts
July 24, 2009
Situational Awareness: Where Are We Now That Judge Wake Has Ordered Permanent
Injunctive Relief Including the Implementation of the Nicholau Award - Unmodified?
Fact #1 - Mike Cleary said on July 21, 2009: “On April 18, 2008, a majority of US Airways
pilots chose a new, more democratic union. Of the many reasons for forming our new union,
one was a Constitutional requirement mandating DOH seniority integration principles with
appropriate conditions and restrictions.”
Fact #2 - Judge Wake’s Findings of Fact: "USAPA has at various stages misstated law, facts
and procedural history, with frequent recourse to the contradiction of confusion…produced by
a medley of judicial phrases severed from their environment."
Fact #3 - Judge Wake’s Findings of Fact: "A jury and this court have found USAPA to be
motivated by wrongful objectives and abundant evidence supports this finding."
Fact #4 - Mike Cleary said on July 21, 2009: “We intend to move to stay (suspend) the
injunction and, this week, commence an appeal to the Ninth Circuit Court of Appeals in San
Francisco for the purpose of overturning the federal court’s order.”
Fact #5 - Mike Cleary said on July 21, 2009: “As discussed more fully in the previous USAPA
publication ‘Why We Appeal’ (May 21, 2009, posted in the Legal Library), we expect to win.”
Fact #6 - Leonidas Update on July 21, 2009: “The "Findings of Fact and Conclusions of Law"
is Judge Wake's summation of the facts found to be true, and the conclusions of law reached
regarding those facts. The value of memorializing all of this in a single document is that it
gives all parties, as well as the appellate court, a plain summation of how the judge arrived at
his legal conclusions once the fact finder returned a verdict. In short, the Findings of Fact and
Conclusions of Law is the proverbial bridge - from the jury verdict to the remedy.
Fact #7 - U.S. Courts of Appeals - Appeals Terminated on the Merits by Circuit Court during
the 12-Month Period Ending September 30, 2008: The last column in the table shows the
percentage of reversals for each Appellate court. The Ninth Circuit Court of Appeals, which
would be the court that hears USAPA’s appeal, only hears about 50% of the appeals filed, and,
only overturned or remanded 5.4% of the cases it heard in USDOJ fiscal year 2007, and
overturned or remanded 10.0% of the cases it heard in USDOJ fiscal year 2008.
Source: http://www.uscourts.gov/judbus2008/appendices/B05Sep08.pdf
Fact #8 – In his July 21 Phoenix Crew News meeting, to catch pilots up on company news and
to answer their questions, Doug Parker indicated that the Kirby Proposal, which is the
company’s “opener”, where East pilots would obtain a 17% and West pilots a 3% pay raise is
still on the table following the Addington trial remedy even during current economic
conditions.
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July 24, 2009
Situational Awareness: Where Are We Now That Judge Wake Has Ordered Permanent
Injunctive Relief Including the Implementation of the Nicholau Award - Unmodified?
Fact #1 - Mike Cleary said on July 21, 2009: “On April 18, 2008, a majority of US Airways
pilots chose a new, more democratic union. Of the many reasons for forming our new union,
one was a Constitutional requirement mandating DOH seniority integration principles with
appropriate conditions and restrictions.”
Fact #2 - Judge Wake’s Findings of Fact: "USAPA has at various stages misstated law, facts
and procedural history, with frequent recourse to the contradiction of confusion…produced by
a medley of judicial phrases severed from their environment."
Fact #3 - Judge Wake’s Findings of Fact: "A jury and this court have found USAPA to be
motivated by wrongful objectives and abundant evidence supports this finding."
Fact #4 - Mike Cleary said on July 21, 2009: “We intend to move to stay (suspend) the
injunction and, this week, commence an appeal to the Ninth Circuit Court of Appeals in San
Francisco for the purpose of overturning the federal court’s order.”
Fact #5 - Mike Cleary said on July 21, 2009: “As discussed more fully in the previous USAPA
publication ‘Why We Appeal’ (May 21, 2009, posted in the Legal Library), we expect to win.”
Fact #6 - Leonidas Update on July 21, 2009: “The "Findings of Fact and Conclusions of Law"
is Judge Wake's summation of the facts found to be true, and the conclusions of law reached
regarding those facts. The value of memorializing all of this in a single document is that it
gives all parties, as well as the appellate court, a plain summation of how the judge arrived at
his legal conclusions once the fact finder returned a verdict. In short, the Findings of Fact and
Conclusions of Law is the proverbial bridge - from the jury verdict to the remedy.
Fact #7 - U.S. Courts of Appeals - Appeals Terminated on the Merits by Circuit Court during
the 12-Month Period Ending September 30, 2008: The last column in the table shows the
percentage of reversals for each Appellate court. The Ninth Circuit Court of Appeals, which
would be the court that hears USAPA’s appeal, only hears about 50% of the appeals filed, and,
only overturned or remanded 5.4% of the cases it heard in USDOJ fiscal year 2007, and
overturned or remanded 10.0% of the cases it heard in USDOJ fiscal year 2008.
Source: http://www.uscourts.gov/judbus2008/appendices/B05Sep08.pdf
Fact #8 – In his July 21 Phoenix Crew News meeting, to catch pilots up on company news and
to answer their questions, Doug Parker indicated that the Kirby Proposal, which is the
company’s “opener”, where East pilots would obtain a 17% and West pilots a 3% pay raise is
still on the table following the Addington trial remedy even during current economic
conditions.
Unbiased Facts can send you an email notice of additions to the Unbiased Facts web site. To subscribe to this service, send an
email to [email protected] and state subscribe in the subject line. To unsubscribe, state unsubscribe in the subject
line. If you have an article or “Quick Fact” you think should be published by Unbiased Facts, submit it to
[email protected] Check www.unbiasedfacts.org for updates often.
