THE COURT: Here's what I need: Briefing on
McCaskill-Bond issues and that is the applicability of the 1978
CAB precedence now as to whether or not there is a -- this
Court -- those precedents are now applicable and whether this
Court has the authority to then order what occurred previously,
that is before 1978 where everybody, whether there was a
substantial difference of opinion amongst the employees, the
material employees, whether or not everybody had a right to be
at the table for the purpose of determining here seniority
And the second thing, counsel -- don't answer this
today but are you going to stipulate to the facts that are
relevant for the Court determining whether or not there is a
violation of the duty of fair representation? I have heard --
it has been briefed to some extent but I have heard here today
that there perhaps would be a stipulation as to what those
facts are or are we going to have to have a hearing where I'm
going to have to make credibility determinations which is only
going to slow the process down, and I don't think it's going to
be of benefit to anyone.
Finally, if I were to find
be of benefit to anyone.
Finally, if I were to find a violation of the duty of
fair representation, I want briefed what the remedy could be or
should be.
And then, finally, number four, as we did the last
time, there has been at least some suggestions by both counsel
in good faith that you might be able to work this out. I am
going to strong recommend that you do that if you can and do so
in short order so that this issue of seniority will finally be
resolved and we can go forward with this merger and fairly and
equitably be resolved as I ordered previously. And I am not
going to repeat my order.
So you are -- I am going to order you to meet,
confer, and inasmuch as, Mr. Siegel, this is obviously
something that is very important to you and American Airlines,
if you can engage in the negotiations, apparently -- you're not
an arbitrator but apparently perhaps you have tried to do this
because of your own interest, the company's interest. Let's
get it done.
So today is the 14th and let me hear from you on --
by the end of the day on the 21st.