Oh gracious goodness thou art wrong oh great Perry Mason!
The parties in Addington 1 stipulated as fact and Judge Wake accepted as fact that USAPA has not delayed operational integration of the merger. Whatever the delay, it is due to the normal contract negotiating process.
Nice try though, that will be a very tough one to get over in Addington II.
1The dissent asserts that “nothing would be gained by postponing a
decision, and the parties’ interest would be well served by a prompt resolution
of the West Pilots’ claim.” Diss. op. at 8017 (internal alterations,
quotation marks, and citation omitted). To be sure, the parties’ interest
would be served by prompt resolution of the seniority dispute, but that is
not the same as prompt resolution of the DFR claim. The present impasse,
in fact, could well be prolonged by prematurely resolving the West Pilots’
claim judicially at this point. Forced to bargain for the Nicolau Award, any
contract USAPA could negotiate would undoubtedly be rejected by its
membership. By deferring judicial intervention, we leave USAPA to bargain
in good faith pursuant to its DFR, with the interests of all members
— both East and West — in mind, under pain of an unquestionably ripe
DFR suit, once a contract is ratified.
This is where the 9th is warning usapa about its behavior.
Read it carefully. They dismissed the DFR claim because they recognize that usapa is capable of stalling the negotiating process.
They are telling usapa, if you get a DOH contract ratified, you will lose, but, we will let you try because until you do you can merely subvert the process with delay that harms the West.
Further, Tashima prefaces the whole thing with an admittance that, "the parties' intrest would be best served with a resolution to the seniority dispute".
He is telling usapa, and the east pilots, we are not going to enforce the injunction, because we know you have already demonstrated your willingness to renege and confound the situation by delaying a joint contract. We are going to remove the injunction and see if you are stupid enough to get yourselves sue a second time, because that would actually be quicker.