"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].” (Doc. 156-3 at 38).
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.” Hass v.
Darigold Dairy Products Co., 751 F.2d 1096, 1099 (9th Cir. 1985). And a union “may
renegotiate seniority provisions of a collective bargaining agreement, even though the
resulting changes are essentially retroactive or affect different employees unequally.”
...
"it is unlikely the West Pilots could successfully allege claims against US Airways merely for not insisting that USAPA continue to advocate for the Nicolau Award."
