Turtle21
Well-known member
- Joined
- Feb 8, 2007
- Posts
- 1,683
Even if the arbitrators make the list, APA still has a responsibility to ensure that the process is fair to all involved that they represent. If APA were to create a construct for the arbitration process that was fundamentally unfair to a specific group, then they could be held liable even if they didn't craft the actual list. Anything that is "arbitrary, discriminatory, or in bad faith" is a breach of DFR. But you're right that USAPA can't be sued if USAPA doesn't exist anymore. APA shoulders the DFR burden after a single carrier determination.
The APA has no DFR regarding the SLI to any USAir pilots.