Ok then sit down and negotiate and bargain the nic
If you have not read the injunction here it is. As you can see usapa and anyone associated with them are required to use the Nicolau. It will be used just as it is released. Is that clear enough?
Usapa can not sit down and bargain for anything but Nicolau.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633
PHX-NVW in favor of the Plaintiffs and the class of all pilots employed by US Airways,
Inc., in September 2008 who were on the America West seniority list on September 20, 2005,
that
Defendant US Airline Pilots Association and its officers, committees, representatives,
agents, and all persons in active concert and participation with them are permanently
enjoined and ordered to:
A. Immediately, and in good faith, make all reasonable efforts to negotiate and
implement a single collective bargaining agreement with US Airways that will
implement the Nicolau Award seniority proposal
unmodified, according to its terms;
B. Make all reasonable efforts to support and defend the seniority rights provided
by or arising from the Nicolau Award in negotiations with US Airways; and
C. Not negotiate for separate collective bargaining agreements for the separate
pilot groups, but rather negotiate for a single collective bargaining agreement for both
pilot groups that incorporates the Nicolau Award. This injunction does not restrain
USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent
with the previous sentence.
The Court retains jurisdiction to enforce, modify, or dissolve the permanent injunction
portion of this order. The Court retains jurisdiction to adjudicate the named Plaintiffs’
unadjudicated claims for damages and any claims for attorney fees.
DATED this 17th day of July 2009.