Then why did you guys fight it? If its "not that big a deal?"
http://snoopthemagnificent.org
Snoop,
It is my understanding that AOL originally wanted a jury trial. USAPA was against a jury trial. Now it seems the table has turned. Most likely due to the opinion of the new counselor. Mr Brengle (sp?) is most likely going to play cards that have little to do with the matter at hand but will emotionally sway the jury. Will Judge Wake make specific instructions regarding what the jury will consider? I don't know but I would guess yes.
As far as AOL's request to have a jury hear this case then decide against it is a time issue. You see the longer USAPA drags this out the better off the east pilots are. Like you guys always chirp things are better on the east right now... Thus the request from USAPA to make it a jury trial. Of course USAPA has a legal right to a jury as well but try not to read too much into this as a positive for USAPA. It stems more from AOL's request to have union dues etc refunded. Here is some of Judge Wake's order:
B. Nature of Remedy
The second stage of the inquiry leaves no doubt that the Plaintiffs’ case involves legal
claims. Plaintiffs seek two primary forms of relief. First, they seek an injunction ordering
USAPA “to negotiate and implement a single collective bargaining agreement that fully
implements the Nicolau List.†Second, they seek “damages to compensate Plaintiffs for the
value of lost wages and benefits caused by the injuries alleged herein.†In their Motion for
Class Certification (doc. # 120), Plaintiffs make clear that their class action limits their
proposed class’s monetary claim to a refund of union dues and fees.
“It goes without saying that an injunction is an equitable remedy.†Weinberger v.
Romero-Barcelo, 456 U.S. 305, 311 (1982). If the injunction were the only relief Plaintiffs
sought, this Court would be inclined to hold that no jury trial right exists. The fundamentally
equitable nature of that remedy would establish the equitable character of the fair
representation issue under Terry. Plaintiffs seek other relief, however, which is legal, and
the Constitution requires a jury to decide issues common to legal and equitable claims.
So like I said I think the whole jury thing is going to be a wash. It's strictly procedural. The Judge will make sure the emotion is kept out of the equation. You guys are forgetting this is about the DFR! This is about the fact that USAPA refuses to implement the nic! This is not about the validity of DOH or experience or how many years you worked at wherever. It's about USAPA living up to its obligation. Nothing more.
