Wesley Kennedy's Declaration proved that APA has not "hood winked" us and has been up front and honest since the beginning of this regarding their intent to have a 3-way arbitration process since MOU negotations before the merger was executed. Time and time again USAPA misleads us, provides misinformation, and uses demagoguery to influence the pilots as if we are dumb sheep following the heard.For the past 1.5 years during MOU negotiations and then through failed PA discussions APA and AAG have always maintained they will only support a 3-way ISL arbitration. USAPA's response? The West pilots cannot have their own seat at the M-B table because only the bargaining agent can, which is right. And, that's the right argument based on the RLA as correctly ruled on by Judge Silver. However, USAPA wants to change this argument as predicted by Judge Silver (actually not as predicted by Silver, but she must have been a prophet because that is exactly what was going on behind closed doors) when she wrote, "The court has no doubt that-as is USAPA's consistent practice-USAPA will change its position when it needs to do so to fit its hard and unyielding view of seniority."And, maybe that's been the strategy by some in USAPA's WWHQ's all along. Szymanski had to know he was committing Judicial Estoppel and that is likely why he refused to testify in the Addington II DFR trial. Before the trial he and Wilder were arguing with Kennedy for USAPA to have a seat at the M-B table post SCC. Then Szymanski switched his argument in Judge Silver's courtroom when he took a position against US Airways' Summary Judgment stating the West could not have seat at the M-B table because only the bargaining agent is permitted to do so per the RLA.Maybe Szymanski knew what he was doing all long and he knows his actions would likely result in a M-B lawsuit case dismissal because of his Judical Estoppel violation. After all, Szymanski knows the law full well in regard to inconsistent positions in two different cases.Maybe certain members of USAPA and the pilots have been duped all along, but by the unions advisors and certain leaders.At least we now know why the pilots have an industry leading 2.45% dues rate, why USAPA needs need 6 versus 3 MC Reps (ALPA only uses 3 Reps) on FPL vacation, and labor attorneys who sit on USAPA's doorsteps begging to represent USAPA. FPL and billable hours are flourishing on Woodlawn Avenue.In summary, APA is no longer talking to USAPA and blew off the the US Airways pilots union's new draft PA, UMTA, GA, and lawsuit settlement offer. USAPA has been become irrelevant in the eyses of APA and AAG who act as strategic partners. The fight to fight is over and now we can sit back, buy another box of popcorn, and wait for Judge Howell and the NMB to rule. I found an interesting comment on another message board when a poster said, "In this merger USAPA has become the freak show, while everyone else is watching the main event. 'There is a sucker born every minute.' PT. Barnum and USAPA." It's just funny watching the same people run the union by playing chess with checkers.
In the end I believe it is probable we will have a 3-way M-B ISL arbitration with a West MC that will be able to introduce the Nicolau Award at M-B, USAPA will be able to argue against the Nicolau Award at M-B, and APA will be able to argue their position at M-B.
USAPA = Pyrrhic Victory.
