Legal Postings

Legal Postings - Addington II

The latest filings concerning the motion by US Airways to correct the judgment and modify the decision in the Addington II case have been posted in the Legal Library. 

Doc 301, USAPA Response
Doc 302, Plaintiffs’ Response
Doc 302-1, Exhibits to Plaintiffs’ Response

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New Legal Postings

This week USAPA and the APA submitted documents to the National Mediation Board (NMB), in response to the NMB's request for position statements. From USAPA's Initial Position Statement:

USAPA submits that the record evidence will establish American Airlines, Inc. and US Airways, Inc. are not substantially integrated in operations, have not achieved substantial integration of rates of pay, rules and working condition among the pilots of the carriers, have not substantially integrated their dealings with the traveling public, and are not yet substantially integrated even for labor relations management purposes. As American Airlines Chief Executive Officer Doug Parker has stated publicly, American and US Airways will operate separately for 18 to 24 months and “Very few changes will happen immediately.”

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Legal Postings - Addington II

Late yesterday, February 7, US Airways filed a Motion to Correct the Judgment and Modify the Order entered by the Court in Addington II on January 10, 2014.

The Motion asks the Court to correct the Judgment to identify the Class of West Pilots previously certified by the Court as Plaintiffs in the case. The Motion also asks the Court to modify its Order ( Doc 298 ) by deleting footnote 15. Footnote 15 reads as follows:

15. The parties have not explained how the process contemplated by the MOU could ever take effect. The MOU contemplates the need for arbitration but also requires the postmerger carrier remain neutral. Under the Court’s reading of McCaskill-Bond, there will be no need for arbitration because, based on explicit language in the MOU, prior to the arbitration, there will have been an election and there will be only one certified representative for all pilots.

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Legal Postings – Addington II

Late yesterday evening (January 7), US Airways filed a motion asking the Phoenix District Court to enjoin arbitration on the grievance (MTA Dispute #2) filed last week by USAPA. The Motion (Doc 297), one Exhibit (Doc 297-1), and the proposed order (Doc 297-2) are available in the Legal Library.

BACKGROUND:

Previously pending before the Phoenix District Court in Addington II were three claims by Plaintiffs: (1) that USAPA had breached its duty of fair representation by entering into the Memorandum of Understanding (MOU) without including the Nicolau Award, (2) that the Plaintiffs were entitled to represent the former America West Pilots in the seniority integration proceeding established under paragraph 10 of the MOU, and (3) that Plaintiffs were entitled to recover attorneys’ fees incurred both in the current case (Addington II) and in two previous cases which they lost (Addington I and the Declaratory Judgment Action). A two-day hearing was held in late October and briefing was completed in November.

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Legal Postings – Addington II

The following Addington II filings are now posted in the Legal Library:
Doc 296, USAPA Response
Doc 296-1, Exhibit A

USAPA filed the above response (Doc 296) and supporting Exhibit (Doc 296-1) to the recent “Notice” (Doc 294) filed by the Plaintiffs in Addington II. The Response asserts that the “Notice” is an improper attempt to present additional argument to the Court and that the Notice should be disregarded or stricken. The Response also notes several factual misstatements made by the Plaintiffs in their “Notice.”

USAPA Communications

Legal Postings – Addington II

These Addington II filings are now available in the Legal Library:
Doc 294 - Plaintiffs' Notice of Post-Trial Events
Doc 295 - Jacob Declaration
Doc 295-1 - Exhibits

The plaintiffs filed a “Notice of Post-Trial Events That Are Relevant to Remedy” with supporting declaration and exhibits late yesterday (January 2). USAPA anticipates making a similar filing early next week.

USAPA Communications

 

Legal Postings – Addington II

Yesterday, December 10, US Airways filed an updated corporate disclosure statement (Doc 293) indicating that AAL owns 100 percent of the stock of US Airways. This document, and Monday's US Airways Notice of Merger Closing (Doc 292), are now posted in the Legal Library.

USAPA Communications

Legal Postings - AMR Bankruptcy Court, Addington II

The following filings are now posted in the Legal Library, the most significant of which is the filing of the POR Effective Date.

AMR Bankruptcy Court
Notice of Entry of Order, Occurrence of Effective Date
American Airlines Group's 16(g) Report

Addington II
Doc 288, USAPA Notice of Compliance
Doc 289, USAPA Reply re Mtn to Strike
Doc 290, US Airways Notice of Compliance
Doc 291, Plaintiffs' Notice of Merger Closing Date

USAPA Communications

Legal Postings - AMR Bankruptcy Court

The following Bankruptcy Court filings are now posted in the Legal Library:

USAPA Communications

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