US Airline Pilots Association - Declaratory Judgment

Declaratory Judgment

Recently, US Airways requested a declaratory judgment. It is asking the court to determine whether or not they would be liable should they accept a seniority list other than Nicolau. Judge Silver rejected USAPA's claims to dismiss the lawsuit and she also rejected USAPA's objections to West class certification. After a December hearing, she required that all parties submit summary judgment briefs to her court by January 27. Rebuttal's are due by February 19 with her expedited decision to follow. Until this case is heard and all appeals are exhausted, both pilot groups will remain separate under their respective contracts and operations. The 2011 recent merger speculation between American Airlines and US Airways, is suspected to be the motive of US Airways declaratory legal filing. Former Continental Airlines CEO Gordon Bethune said on CNBC in December, 2011 there is a likelihood of a merger push involving Tempe-based US Airways Group Inc and American Airlines. If Judge Silver rules that US Airways is liable should they accept a seniority integration outside of Nicolau, USAPA will be required to use the Nicolau Award as their certified seniority list for any subsequent transactions.

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