Cowboy75
Well-known member
- Joined
- Dec 9, 2008
- Posts
- 397
Part of Leonidas' update 10/06/10
Yesterday, attorneys for the West pilots filed our appeal to the Supreme Court of the United States. Submission of a petition (in legal parlance, a “writ of certiorari” or just “writ,”) to the Supreme Court is different from filings in all other courts, both federal and state. A writ must be printed and submitted via exacting specifications – font, paper size and weight, number of copies, margins, etc. – and then mailed . . . as in USPS. USAPA will have an opportunity to respond before the writ is considered by the Supreme Court. It will take at least four of the Justices to agree to hear our case. If that happens, then there will be another round of briefs filed followed by oral arguments sometime next Spring.
The writ clearly explains the negative implications of the Ninth’s opinion on not only the West, but on the airline industry itself and on organized labor as a whole. The Ninth has basically created a situation where the majority within a union can stop the entire collective bargaining process simply because they do not like the result of arbitration. Already we have seen that the Ninth’s decision created a precarious position for US Airways. It might be easy and antiseptic to tell union members they must wait until the completion of negotiations before they have a ripe DFR claim, but such a rule does nothing to address the reality of RLA negotiations.
Yesterday, attorneys for the West pilots filed our appeal to the Supreme Court of the United States. Submission of a petition (in legal parlance, a “writ of certiorari” or just “writ,”) to the Supreme Court is different from filings in all other courts, both federal and state. A writ must be printed and submitted via exacting specifications – font, paper size and weight, number of copies, margins, etc. – and then mailed . . . as in USPS. USAPA will have an opportunity to respond before the writ is considered by the Supreme Court. It will take at least four of the Justices to agree to hear our case. If that happens, then there will be another round of briefs filed followed by oral arguments sometime next Spring.
The writ clearly explains the negative implications of the Ninth’s opinion on not only the West, but on the airline industry itself and on organized labor as a whole. The Ninth has basically created a situation where the majority within a union can stop the entire collective bargaining process simply because they do not like the result of arbitration. Already we have seen that the Ninth’s decision created a precarious position for US Airways. It might be easy and antiseptic to tell union members they must wait until the completion of negotiations before they have a ripe DFR claim, but such a rule does nothing to address the reality of RLA negotiations.