CallawayGolf
Veteran
- Nov 13, 2009
- 1,920
- 1,961
Well that is quite the pickle USAPA has gotten itself into. Your statement may well be correct absent bad-faith negotiations and the union's failure to represent an entire class of its constituents. Had USAPA negotiated in good faith and put out multiple TAs using the NIC for ratification which were rejected by the membership, then I would agree no damages would have occurred."In all likelihood" there will be no DFR damages. How do you ever expect to prove ther has been any loss under seperate operations? There aren't, and there's no way anyone is going to say there is with the current Transition Agreement. Even if the NIC was the list as you say, when would it have been implemented? Only with an approved CBA would it have any legs, and no one knows if that would have, or ever will happen. I for one will continue to wait, but will never vote for any contract which contains the NIC.
However, because they acted outside of their federally-mandated duty as a Collective Bargaining Agent, they have opened themselves (and those who will pay assessments) up to millions in plaintiff attorney fees and the tangible damages of out of seniority furloughs an/or upgrades and lower wages which reasonably could have been achieved through good-faith negotiations with the company. Expect the Addington class to throw everything but the kitchen sink into those calculations and judge Wake will then determine what is reasonable. There is little doubt that USAPA will pay large sums of cash for its federally-prohibited and shameful conduct.