Is the day over already. It was supposed to last six hours as the plaintiff asked...
"Both sides"? What defines both sides? USAPA has a duty to represent all pilots of LCC not just the east and the west pilots have no formal representation apart from USAPA that could bind them to the terms of a labor contract. How exactly is that supposed to work? Maybe both parties should agree to go back to George Nicolau, since he has exclusive jurisdiction over the award, and ask him to reevaluate his ruling. Both sides should agree that however Nicolau rules this second time should be final and binding (again).
I agree it is difficult to draw much without reading the full context of the transcript. She did say last time that it didn't have to be the Nicolau so long as USAPA's actions were supported by a legitimate union purpose. The number one question since she made that statement is, "What legitimate union purpose can be advanced which would abrogate the NIC without violating the terms of the TA?" Is it not that conundrum Silver created in the DJ that led to an appeal to the Ninth for a more actionable ruling for the parties so that they could move forward?
