Phoenix
Veteran
- Apr 16, 2003
- 8,584
- 7,430
A careful reading of the Opinion and the Dissent is helpful."The Nic does not have to be in it. It was said in the 9th ruling."
I read the ruling and didn't see that tidbit. ..
From the Opinion:
"Not until the airline responds to the proposal, the parties [USAPA and USAirways] complete negotiations, and the membership ratifies the CBA will the West Pilots actually be affected by USAPA’s seniority proposal — whatever USAPA’s final proposal ultimately is..."
The Opinion recognized that the dispute remains an internal union dispute and chose not to intervene in the negotiations between USAPA and USAirways. The right and responsibility of the CBA to freely negotiate is not to be interfered, and is not completed.
From the Dissent:
The outcome of negotiations is irrelevant.
Brilliant. The Dissent effectively decided the Nic snapshot during an internal union process must necessarily be the outcome of the negotiations process between the Union and the Company, effectively declaring negotiations between the Union and the Company to have already ceased.