USA320Pilot
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- May 18, 2003
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Here is my take on the news USAPA filed an Emergency 9th Circuit Court of Appeals ruling because of "intensive (merger)negotiations with United Airlines.
A Stay is a court order halting a judicial proceeding. USAPA is asking the 9th Circuit on an emergency basis to halt all District Court Proceedings and the Permanent Injunction issued by Judge Wake.
Why? As USAPA indicated, "A present emergency results from the fact that the pending injunction will prevent a corporate merger that would create an airline capable of competing with the recent Delta/Northwest combination and thus thwart economic benefits and preservation of jobs that might accrue to the corporations and employees, including Appellees."
USAPA said, "A corporate merger between US Airways, Inc., employer of the pilots Appellant represents, and United Airlines, Inc., whose pilots are represented by another union, is suddenly and currently the subject of intensive negotiations between these two major airlines and their unions, and has reached a critical stage.
Furthermore, USAPA indicated, "Appellant is subject to a non-disclosure agreement but news media reports (attached hereto as exhibits A, B and C) substantiate the same, specifically that labor issues are the obstacle.
I believe USAPA has backed itself into a corner. With today's news that Continental has resumed negotiations with United -- US Airways is at risk of being a distant fourth largest size legacy carrier, unless there is some sort of a 3-way corporate transaction with United, Continental, and US Airways.
USAPA's conundrum is that politically it cannot voluntarily accept the Nicolau Award or the Hardliners would have to take responsibility for their action, which they have never done before and is why ALPA did not freeze the DB Pension Plan and LOA 93 concessions were worse than the company's "ask". Instead, USAPA wants the 9th Circuit to make an immediate ruling on the Addington Appeal and I believe if it goes against USAPA then the union can wash their hands of the proceeding.
For US Airways' pilots and other employees, at least USAPA's Emergency Order should cause the 9th Circuit to issue their ruling on the Addington Appeal in short order, which might be USAPA's way of agreeing to Doug Parker's demands. And, of course the pilot seniority integration litigation will take one more step towards closure for all parties interested in the success of US Airways.
Finally, if the 9th Circuit Court of Appeals rules against USAPA I believe this action could increase the odds that United and US Airways will merge. Then the Nicolau Award will be the basis for a seniority integration with United's pilots with the new Federal Law Merger Policy governing the future United-US Airways pilot integration.
Regards,
USA320Pilot
A Stay is a court order halting a judicial proceeding. USAPA is asking the 9th Circuit on an emergency basis to halt all District Court Proceedings and the Permanent Injunction issued by Judge Wake.
Why? As USAPA indicated, "A present emergency results from the fact that the pending injunction will prevent a corporate merger that would create an airline capable of competing with the recent Delta/Northwest combination and thus thwart economic benefits and preservation of jobs that might accrue to the corporations and employees, including Appellees."
USAPA said, "A corporate merger between US Airways, Inc., employer of the pilots Appellant represents, and United Airlines, Inc., whose pilots are represented by another union, is suddenly and currently the subject of intensive negotiations between these two major airlines and their unions, and has reached a critical stage.
Furthermore, USAPA indicated, "Appellant is subject to a non-disclosure agreement but news media reports (attached hereto as exhibits A, B and C) substantiate the same, specifically that labor issues are the obstacle.
I believe USAPA has backed itself into a corner. With today's news that Continental has resumed negotiations with United -- US Airways is at risk of being a distant fourth largest size legacy carrier, unless there is some sort of a 3-way corporate transaction with United, Continental, and US Airways.
USAPA's conundrum is that politically it cannot voluntarily accept the Nicolau Award or the Hardliners would have to take responsibility for their action, which they have never done before and is why ALPA did not freeze the DB Pension Plan and LOA 93 concessions were worse than the company's "ask". Instead, USAPA wants the 9th Circuit to make an immediate ruling on the Addington Appeal and I believe if it goes against USAPA then the union can wash their hands of the proceeding.
For US Airways' pilots and other employees, at least USAPA's Emergency Order should cause the 9th Circuit to issue their ruling on the Addington Appeal in short order, which might be USAPA's way of agreeing to Doug Parker's demands. And, of course the pilot seniority integration litigation will take one more step towards closure for all parties interested in the success of US Airways.
Finally, if the 9th Circuit Court of Appeals rules against USAPA I believe this action could increase the odds that United and US Airways will merge. Then the Nicolau Award will be the basis for a seniority integration with United's pilots with the new Federal Law Merger Policy governing the future United-US Airways pilot integration.
Regards,
USA320Pilot
