SlumTodd_Millionaire
Most Hated Member
Not to say Airways is an angel, but I would really like to know how a 25 plus year seniority USAirways pilot losing his seniority to a 2 year West pilot qualifies as rape...
Sorry, but trying to staple 80% of the other pilot group's pilots to the bottom of your seniority list is rape, I don't care how much longevity you have. East pilots need to learn the difference between longevity and seniority. They aren't the same thing. A 20-year East pilot has a lot of longevity, but he doesn't have jack for seniority.
Without injecting any personal viewpoints about USAPA/West, can someone please tell me what the outcome of this decision could be if it is upheld on appeal? If these kind of cases are so hard to win, what are the precedents in terms of previous victories in terms of "damages"?
DFR suits are very rarely successful. The law gives unions a "wide range of reasonableness" to conduct their affairs internally, and courts don't like to intervene. That's what makes this case so incredible. Actually winning a DFR suit, especially with a unanimous jury verdict, is amazing.
To answer your question, though, the relief that the judge could render could be both monetary and injunctive. He could issue an injunction against uSAPa to order them not to seek DOH seniority integration, for example.
Could a negative ruling on this issue in any way bankrupt USAPA?
uSAPa is well on their way to bankruptcy already. I'd be very surprised if they last another year. They are currently having to use special assessments to fund ongoing union activities, including the appeal that they're going to file on this ruling. That brings the grand total to three separate special assessments that uSAPa members are having to pay to fund the "union's" operations, not including their normal dues rate. They are hemorrhaging money.
Could a court find that USAPA is in fact not representing the entire group and order them dissolved and USAir back to ALPA?
No, that decision was made by a valid vote under the NMB rules, even though it was right down party lines with the East majority outvoting the smaller West group, so a judge can't undo it.
With the decision that USAPA is not representing West guys, does this cripple any chance USAPA has of collecting back-dues? If some West guys have been paying agency fees to USAPA, can they demand repayment of those fees because of this ruling?
I'm sure they're requesting large amounts of monetary relief as part of their litigation, so that could be considered repayment of agency fees, but most of the pilots aren't paying them, anyway. Most of the West pilots are refusing to even pay the agency fee, and the company won't terminate them like the East wants.