So what? You post a link to a rag submitted by the good doctor who got smacked down by the 9th? And this is all you got? Geez you westicles are desperat
Perhaps you would like the respons by the company even better then.
http://leonidas.cactuspilots.us/Declatory_Relief/Doc178_US_Air_cross_motion.pdf
My favorite part:
As set forth in US Airways’ opening brief (
see Doc. No. 156 at 13:23-14:8) and its response (see Doc. No. 164 at 7:2-10:16), the case law makes clear that the Transition Agreement is a binding collective bargaining agreement (“CBA”) between US Airways and its pilots, and the pilots’ selection of a new collective bargaining representative did not affect the binding nature of their pre-existing CBAs. Indeed, even USAPA has
admitted to another federal court that “[a]s the certified, exclusive bargaining representative of the now merged US Airways pilots, USAPA became a party to the East CBA and West CBA . . . .” (US Airline Pilots Ass’n v. US Airways, Inc., et al., Case 1:11-cv-02579-ARR-SMG (E.D.N.Y.) (Amended Compl. [Doc. No. 12] ¶ 22 (attached hereto as Exhibit A).) That principle is equally applicable in this case.
admitted to another federal court that “[a]s the certified, exclusive bargaining representative of the now merged US Airways pilots, USAPA became a party to the East CBA and West CBA . . . .” (US Airline Pilots Ass’n v. US Airways, Inc., et al., Case 1:11-cv-02579-ARR-SMG (E.D.N.Y.) (Amended Compl. [Doc. No. 12] ¶ 22 (attached hereto as Exhibit A).) That principle is equally applicable in this case.
That said, as also noted in US Airways’ prior briefs, the case law makes clear that either party can propose amendments to the binding Transition Agreement pursuant to the terms of that Agreement and Section 6 of the Railway Labor Act – so long as the
amendments are consistent with USAPA’s DFR to the West Pilots. The question to be resolved by this Court is whether the amendment to the Transition Agreement that USAPA is constitutionally bound to require is, or is not, consistent with its DFR.
amendments are consistent with USAPA’s DFR to the West Pilots. The question to be resolved by this Court is whether the amendment to the Transition Agreement that USAPA is constitutionally bound to require is, or is not, consistent with its DFR.