First, 11 judges did not say the case does not have merit.
2 judges said usapa is guilty as charged.
2 judges said the case is not ripe, and that they have no jurisdiction to comment on merit.
2 judges voted against en banc, 1 judge voted for en banc, none of the other judges in the appelate asked for there to be a vote, so en banc denied.
All the judges who commented on merit say, usapa is guilty as charged.
The Supreme Court might be a long shot, but the time frame would not be as long as you suggest. The decision to appeal to the SCOTUS will be made in a week or so. I figure we will file, in the mean time usapa can move forward and find the impass they have created.
There will be no new contract on jan 2. usapa will be parked at the negotiating table for its insistance on an illegal DOH seniority proposal. The decision for the company is an easy one. Take the DOH contract, get sued, have pilot payroll jump 200+ million a year, or, tell you to keep DOH, watch you get parked and sit on our industry bottom contracts for the foreseable future.
Your only silver lining is the lump sum payment. Is this the last one?
BTW, we do not necessarily have to wait for a ratified contract to sue and win again.
Yep, anyone can sue anyone for anything at anytime. Go for it. But the chances of winning versus wasting your money approach zero percent (up from negative numbers) if you actually have an injury...
Also, I beg to differ: Eleven judges just told you (by abstention) that your DFR case is not ripe and has a snowballs chance in Hades of success without said injury.
I would posit that if the west files with the Supremes we will not have a contract until that legal challenge is settled, a delay tactic that really benefits only the company. Research indicates 6-8 months for the writ to be decided upon...
My preference for January 2nd is only because the east pilots are due their $35 million bonus on Jan. 1 (happy new year). If a ratification vote were scheduled, that should be the soonest the contract should be signed - not before. Yes, it is the second of two payments and it would be a shame for the company to weasel out of it.
This management has demonstrated clearly that they do not care about their employees or their families - they are only cost items on a spreadsheet. I could go into many paragraphs on how other companies treat their most valuable resources, but if you are affiliated with this latest incarnation of the comlpany, you know firsthand how it is, and how it used to be. Bottom line is that management has stated that they don't care how the seniority issued is settled as long as the metrics ($$) are met as defined in the transition agreement. If summoned as a defendant in a DFR case, they will point to 'internal union dispute' and the transition agreement conditions as their defense to their non-culpability. I don't believe any judge will find them liable.
Also, the mediator does have some say in the pace of the proceedings now, and also as to the status of the negotiations. Stonewalling on any issue may trigger a cooling off period and self-help. The monthly lease payment on an A330 is pretty expensive, don't you think? The airlines entire network is geared to the international feed at PHL. 2 billion in the bank doesn't seem like a lot with empty 330's sitting around for a while...
To summarize:
1. Supremes - Hail Mary pass that misses by a mile. Delay costs in legal fees and additional time with no new contract.
2. Company - not liable when accepting any list that meets transition agreement criteria. They don't care what it is unless they can get concessions for it...any they will not 'stonewall' over it. Remember, they do not care about you.
3. AOL West - broke and wasting more money by not waiting for a new contract before deciding on a legal strategy (that will utimately lose due to 'wide range of reasonableness' standard).
Have a great day.
