Did you get to the other 200 pages?
98. USAPA does not have a legitimate union purpose to use
anything other than the Nicolau Award list to integrate East Pilots and
West Pilots.
99. USAPA, therefore, breached the duty of fair representation by
entering into the MOU because the MOU abandons a duty to treat the
Nicolau Award as final and binding.
Doc. 193 at 6-7). Second, the Court held:
f USAPA wishes to abandon the Nicolau Award and accept the
Pat Szymanski, counsel for USAPA, was the driving force behind the original provision as
well as Paragraph 10(h). (Transcript at 86-88). Mr. Szymanksi did not sit for a deposition
nor did he testify at trial. But inappropriately during the trial, from the well of the courtroom,
Mr. Szymanski tried to offer testimony about why USAPA proposed these provisions. The
Court refused to allow Mr. Symanski to offer unworn statements about his motivations and
invited him to take the stand, testify under oath, and be subject to cross-examination. He
declined.2 The evidence establishes, however, that Mr. Szymanski was motivated in large
Mr. Szymanski's actions on this point have been troubling.
Having agreed to the MOU, USAPA set out to convince its members to ratify the
MOU. In oral presentations to pilots, USAPA representatives, including Mr. Szymanski,
made very different statements depending on whom was being addressed. For example,
when Mr. Szymanski was speaking to East Pilots, he explained the MOU was beneficial
because, in effect, it confirmed the Nicolau Award was "dead." (Transcript at 166). But
when talking to West Pilots, Mr. Szymanksi stressed that the MOU was merely "neutral"
regarding seniority. (Transcript at 54, 95). In its written statements, USAPA reiterated this
alleged neutrality: "West pilots should not vote in favor of the MOU because they believe
it will revive the Nicolau Award, and the East pilots should not vote against it because they
are concerned it will cause the Nicolau Award to be implemented." (Doc. 206-1 at 41).