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This thing is already a huge mess and now with a third party involved it will be an even bigger mess. This will keep the lawyers busy for a long time.
It's been a good six years or so of circular debates but it finally looks like the end is nigh....
US Airline Pilots Association, et al.,
Defendants.
))))))))))))
No. CV-13-00471-PHX-ROS
ORDER
This is the third time a group of pilots formerly employed by America West Airlines,
Inc. have been in litigation with their union based on the union allegedly mishandling the
integration of seniority lists. The prior two suits were dismissed as not ripe, and the pilots
may fear a strikeout. Here, though, the pilots claim puts them on first base.
Based on the unique circumstances that developed after the second suit was dismissed,
the motion to dismiss filed by the US Airline Pilots Association (USAPA) will be denied.
In hopes of bringing a swift end to the parties? disputes, the Court will advance the trial on
the merits and consolidate it with a preliminary injunction hearing on September 24, 2013.
BACKGROUND
The parties current disputes began in 2005. That year, pursuant to a Transition
Agreement, US Airways merged with America West Airlines, Inc. (?America West) to
form a single airline. The America West pilots at the time of the merger are generally
referred to as the West Pilots and the US Airways pilots are generally referred to as the East Pilots. After the merger, the West Pilots and East Pilots could not agree on how the two pilot
seniority lists should be integrated and the issue proceeded to arbitration.
The arbitration decision, referred to as the Nicolau Award, was issued on May 1,
2007. The Nicolau Award created an integrated seniority list that placed approximately 500
of the most senior East Pilots at the top of the list but placed at the bottom all of the East
Pilots who were on furlough at the time of the merger. It then blended the remaining pilots.
98% yes vote out West now you sue?