The salient issue is that USAPA knew before it negotiated and ratified the MOU that AMR, LCC, AAG, and APA served notice that post SCC USAPA would not represent the US Airways pilots (East or West) unless it was determined by APA that a segment of their union could do so.[/size]This is in compliance with the RLA, contract law, and the M-B statute.[/size]Furthermore, the parties knew through US Airways' invitation, Summary Judgement, and other protocols that management and the APA will only support a 3-way (4-way) M-B arbitration, if held, which I believe is the only way to have a F&E process. Why? Because of USAPA's DFR intentions and desire to weasel out of a F&B ISL. In addition, APA and AAG are very concerned about a comment that the union pre and post SCC will be "unquestionably ripe (for) DFR", which still holds true today, not to mention AAG's concern for a liability claim.[/size]USAPA's position shows their legal team planned and committed Judicial Estoppel before the MOU TA was obtained and ratified, which is another violation of law committed by the US Airways pilots illustrious union.[/size]
