COURT ORDERS CHANGE OF CONTROL ARBITRATION TO GO FORWARD

[Solidarity]

COURT ORDERS CHANGE OF CONTROL ARBITRATION TO GO FORWARD
PLEASE POST PLEASE POST
April 27, 2007
TO: All US Airways IAM Fleet Service Members
Dear Sisters and Brothers:
Judge Lee of the United States District Court for the Eastern District of Virginia
today granted the Machinists Union’s motion to compel US Airways to arbitrate
the IAM’s Change of Control grievance.
He also ruled that US Airways could not use the bankruptcy court to block the
arbitration because the bankruptcy court would be required to interpret the IAM’s
collective bargaining agreements and the Railway Labor Act, which it does not
have the authority to do.
The judge ruled that the merits of the IAM’s grievance will be determined by a
neutral arbitrator. The Machinists Union is demanding an immediate and
expedited arbitration of our Change of Control grievance. We will update you as
soon as the dates are scheduled.
The IAM has been prepared to present our case before a neutral arbitrator for
months, but US Airways refused to attend the original February 26, 2007
arbitration hearing. Management’s attempt to use the bankruptcy court to shield
itself from a fair arbitration hearing has only delayed the inevitable and angered
the employees who hold the key to the airline’s success.
In solidarity, we remain
S.R. (Randy) Canale
President & Directing General Chairman
CC: GVP Roach, Jr.
AC Brickner
DL 141 Ex. Bd.
GLR Regan
GLR Johnson



US AIRWAYS
Change in Control Litigation Update
PLEASE POST PLEASE POST
August 23, 2007
TO: T O: All US Airways IAM Members
Dear Sisters and Brothers:
This summer, US Airways filed an appeal of the Machinists Unions’ District Court win
that compelled the airline to go forward with the Change in Control arbitration. The
arbitration is currently scheduled to begin next month. Today, the court of appeals
ordered that the briefing schedule on the appeal would not begin until November 7, 2007.
While this does not affect the arbitration schedule, it does mean that a decision on US
Airways’ appeal is not expected until Spring, 2008 or later. In addition, any ruling by the
arbitrator may be subject to a further court appeal.
You will be advised of any new developments in the case.
In solidarity,
S.R. (Randy) Canale
President & Directing General Chairman
Cc: GVP Roach, Jr.
AC Brickner
DL 141 E-Board
GLR’s.


How can this be schedule for briefings when a ruling was made?

 

[Tim Nelson]

This is excellent news as US AIRWAYS was attempting further stall tactics of the arbitration date itself. Good to hear that the September date is now 'locked'.

GREAT!!!!

Remember, the thing you are looking for is for the arbitrator to hear the case and then come to a decision. Once the arbitrator rules favorably, then the law stacks up nicely for the award. Penalites, fines, interest, and additional fees may be very likely if your company turns a blind ear and eye to any award. Translation: Kinda like putting your winning lotto winnings into a CD to get even more! Your company will experience 'great pain' with a favorable award to workers. In court documents, it said company stakeholders would experience 'severe harm' [or something like that]. Imagine that, Ramp Rats finally getting justice. As far as i'm concerned, workers first, high end stakeholders [insert banks, investment firms here] second.

Of course, voting to tend to first.

regards,

 

[lithuanian]

O.K. Tim Nelson. It's time you stay out of the definition. The vote was only an indication of how the majority would vote. Now, for definite, the Change of Control is going forth. It was fun to banter, but Thank Goodness the courts will take the initiative to decide this Circus. Guess, we should be grateful there is a government that is greater than our opinions.

 

[perserverance]

Folks,
This topic is already being discussed on another thread...COC being delayed.

Thanks