Actually, Judge Silver is very predictable in her rulings. The true problem is a group of usapa sycophants that have no shame and refuse to honor their own agreements. The situation is further compounded by stunning arrogance and impotent legal arguments that eventually fail.
Predictable?
..just as ALPA would have been bound by the Transition Agreement had it
remained the pilots? representative, USAPA is bound by the Transition
Agreement. But being ?bound? by the Transition Agreement has very little
meaning in the context of the present case.
It is undisputed that the Transition
Agreement can be modified at any time ?by written agreement of [USAPA] and
the [US Airways].? (Judge Silver)
Moreover, USAPA and US Airways are now engaged in negotiations for an
entirely new collective bargaining agreement and
there is no obvious
impediment to USAPA and US Airways negotiating and agreeing upon
any seniority regime they wish. As explained by the Ninth Circuit,
?seniority rights are creations of the collective bargaining agreement,
and so may be revised or abrogated by later negotiated changes in this agreement.? (Judge Silver)
MR. HARPER: But indeed our position is neutral is
not good enough under these set of circumstances for where we
were. On September 7, 2013, the West Pilots had a
Transition Agreement that required the Nicolau to be dropped in
to any negotiated -- and that changed on the eighth.
THE COURT: So you are -- you wish to re-merge and
say that now the Nicolau Award, is it for your clients and
nothing else? That despite what I said, which is that
USAPA does not have to accept the Nicolau Award
as the only basis upon which to negotiate a fair seniority agreement -- now, that's what I said; correct?
MR. HARPER: Their duty -- the breach of the duty was
not to include the Nicolau in the MOU.
THE COURT: And is that as simple as it is?
MR. HARPER: Yes. I think that that is the breach of
the duty of fair representation. They had the duty to insist
on the Nicolau and they didn't.
<<-------------- That was Wake's injunction
THE COURT: Wait a minute. Wait a minute. They
don't have a duty to insist on it?
MR. HARPER: As part of the negotiations, yes.
THE COURT: Well, you're saying they had to come to
the table. So what we're talking about is what I thought I
resolved which is it can be considered. It should be
considered.
There has been a determination that it's fair but
that doesn't have to be the final decision on seniority.
Now, that's my ruling.