Legal Postings

Legal Posting: US Airways v. USAPA - Complaint for Temporary Restraining Order/Injunctive Relief

Yesterday, April 14, 2014, USAPA filed its reply to the Plaintiff's Opposition to USAPA's Motion to Vacate the Permanent Injunction, in the United States District Court, Western District Of North Carolina, Charlotte Division.

USAPA Communications

Legal Posting – 3% Complaint

On Friday, April 11, USAPA filed its response to US Airways' motion to dismiss the USAPA v. US Airways - 3% Complaint, in the United States District Court for the Western District of Pennsylvania. US Airways has until April 25 to file its reply.

USAPA Communications

Legal Postings - US Airways v USAPA Restraining Order/Injunctive Relief

Yesterday afternoon, April 4, 2014, US Airways filed its brief (Doc 95, US Airways Opposition) in opposition to USAPA’s Motion (Doc 93) to Vacate the Permanent Injunction issued in January 2012 by the District Court for the Western District of North Carolina in US Airways, Inc. v. USAPA, Docket No. 3:11-CV-00371.  A supporting document (Doc 95-1, Ackerman Affidavit) was also filed.

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Legal Posting - McCaskill-Bond Injunction Action

The Court issued a minute order today granting the three pro hac vice motions filed yesterday. Here is the text of the minute order in its entirety:

Docket Text: MINUTE ORDER (paperless) GRANTING the plaintiff's [19] Motion for Admission of Gary Silverman Pro Hac Vice, [20] Motion for Admission of Zachary Harkin Pro Hac Vice, [21] Motion for Admission of Joy K. Mele Pro Hac Vice. Gary Silverman, Esq., Zachary Harkin, Esq., and Joy K. Mele, Esq. may enter appearances pro hac vice for the purpose of representing the plaintiff in this action. Signed by Judge Beryl A. Howell on March 26, 2014.

USAPA Communications

Legal Postings - McCaskill-Bond Injunction Action

Today, March 25, USAPA filed motions and proposed orders seeking the Court's permission for Gary Silverman, Joy Mele, and Zachary Harkin to appear pro hac vice on behalf of the union. These documents are available below and posted in the Legal Library.

USAPA Communications

Legal Postings - McCaskill-Bond Injunction Action

A Minute Order and Document 18 were filed today, March 24, 2014, and are available in the Legal Library.

USAPA Communications

Legal Postings: US Airways v. USAPA - Complaint for Temporary Restraining Order/Injunctive Relief

On March 18, 2014, USAPA filed a motion to vacate the Permanent Injunction (Doc 93) in the action commenced by US Airways in 2011 against USAPA on the grounds that the underlying reasons for the permanent injunction are no longer at issue or in effect, and the permanent injunction should be vacated. Supporting documents are available below and posted in the USAPA Legal Library.

At the time, USAPA and US Airways had been engaged in protracted negotiations with respect to expired collective bargaining agreements. These Section 6 contract negotiations were stalled and pilots were working under terms of employment, including most critically, pay, that were significantly below industry standards due to various factors, including concessions made by the pilots to help US Airways emerge from bankruptcy. This labor dispute was a critical part of the Court’s findings of fact in support of its determination that an injunction was required.

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Legal Postings: USAPA v. US Airways - 3% Complaint and NMB Single Carrier

As expected, on the deadline of March 11, US Airways filed a Motion to Dismiss the petition filed in the United States District Court for the Western District of Pennsylvania, to vacate a System Adjustment Board’s August 14, 2013 Opinion & Award, concerning the 3% issue. USAPA has until April 11 to file a response, and then US Airways will have until April 25 to file a reply. Our legal team will be reviewing the Company's filings in detail. Additionally, US Airways filed a consent to have Magistrate Mitchell decide this case.   

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Legal Postings - Addington II

Yesterday, March 3, US Airways filed its Reply (Doc 303) with respect to its motion to correct/amend the decision in Addington II. This Reply, as well as the supporting declaration and exhibits, are available below and posted in the Legal Library.

USAPA Communications

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