53Cactusboy
Member
- Jun 23, 2016
- 78
- 273
- Banned
- #14,116
[SIZE=12pt]US Court of Appeals for the Ninth Circuit 26 June 2015[/SIZE]
[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation. USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation, and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award..”[/SIZE]
***********************************************************************************************************************************************************************************
[SIZE=12pt]“….This means that the new East Pilots Merger Committee will have to decide whether it is, in face, subject to the injunction….But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award. Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions. The new committee members and their counsel must decide, at their substantial peril, whether they are subject to the injunction…”[/SIZE]
[SIZE=12pt]Roslyn O. Silver 22 September 2015[/SIZE]
[SIZE=12pt]Senior United States District Judge[/SIZE]
[SIZE=12pt]“…USAPA has served as the stalking horse for the East Pilots’ exclusive interests and left the West Pilots bereft of representation. USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, we reverse the district court’s conclusion that USAPA did not breach its duty of fair representation, and remand with instructions to enjoin USAPA from participating in the McCaskill-Bond proceedings except to the extent that USAPA will advocate the Nicolau Award..”[/SIZE]
***********************************************************************************************************************************************************************************
[SIZE=12pt]“….This means that the new East Pilots Merger Committee will have to decide whether it is, in face, subject to the injunction….But if the members of the new committee are working with USAPA or USAPA’s agents, the injunction shall prohibit the new committee from advocating something other than the Nicolau Award. Members of the new committee working in concert with USAPA who advocate something other than the Nicolau Award will be subject to contempt sanctions. The new committee members and their counsel must decide, at their substantial peril, whether they are subject to the injunction…”[/SIZE]
[SIZE=12pt]Roslyn O. Silver 22 September 2015[/SIZE]
[SIZE=12pt]Senior United States District Judge[/SIZE]