Phoenix Domicile Update

Please take the time to read US Airways' Filing of April 26, 2013, in Federal Court in Phoenix. You can download and read it here.
Below are direct QUOTES selected by your PHX Reps from that filing.

“The timely completion of this seniority integration process, including arbitration if necessary, is a key component of the MOU...”
“The MOU thus represents the completion of the collective bargaining process for a combined East and West labor agreement – the very process that was still ongoing at the time of the Ninth Circuit’s decision in Addington I and this Court’s decision in Addington II.”
“Contrary to USAPA’s argument, the material terms and conditions of employment for both the East and West pilots following the merger are now known and fixed by the MOU.”
“Any suggestion that the parties to the MOU (including US Airways) have agreed that the Nicolau Award seniority list will not be used is incorrect.”
“In fact, the MOU does not specify which seniority list(s) will be used for US Airways’ pilots because that issue was a subject of dispute between the West Pilots and USAPA and the dispute could not be resolved in the MOU negotiations.”
"There will not be any negotiations between USAPA and US Airways regarding the relative placement of East and West pilots on the integrated seniority list."
“There will be no additional approval or membership-ratification requirements with respect to the seniority-integration decision. And finally, as explained above, the terms and conditions of employment that will co-exist with the final integrated seniority list are known and fixed at this time.”
“In addition to relying on the Ninth Circuit’s decision in Addington I, USAPA argues that plaintiffs’ DFR claim is not ripe in light of the following two uncertainties: (1) whether the merger between US Airways and American will actually close; and (2) the final outcome of the post-merger seniority-integration process under the MOU and the McCaskill-Bond statute. (USAPA’s Motion to Dismiss (Doc. No. 44), at pp. 8-10 pp. (13-15 of the ECF filing).) Contrary to USAPA’s assertions, neither of these “uncertainties” defeats the ripeness of plaintiffs’ DFR claim.”
“As a result, the fact that the merger is still pending and has not yet closed does not defeat the ripeness of plaintiffs’claim.”
“The closing of the merger will not change any of the material facts.”
“Moreover, if the Court were to conclude that the contingent nature of the merger is relevant, the fact that the merger is likely to occur strengthens a finding of ripeness.”
“Second, adjudication of the merits of plaintiffs’ DFR claim should not and need not await the completion of the post-merger seniority-integration process because plaintiffs' claim seeks to define USAPA’s position throughout that process. USAPA’s position regarding the relative seniority of the East and West pilots will impact the West Pilots (one way or the other) in the overall US Airways/American seniority integration. That is true even if the West Pilots are allowed to advocate for the Nicolau Award seniority list, because the US Airways’ pilots would still be asserting two conflicting positions.”

John, Dave and Roger