On August 10th, the 9th District Court of Appeals issued its mandate in the Addington case. Once dismissed, USAPA will be free to negotiate with themselves for the seniority proposal of their choosing. US Airways management has held steadfast with their refusal to negotiate away from the Nicolau Award unless they receive complete legal immunity. It is important to note that Judge Wake dismissed the Company from the original DFR case without prejudice, a point the CLT representatives intentionally skirted in their latest update. 

“Moreover, if discovery or further events show actual collusion of US Airways in USAPA’s alleged breach of duty of fair representation, the court would consider a motion to amend the complaint to renew the allegation of a hybrid claim against US Airways.” -Judge Neil Wake, November 20, 2008

The dismissal of the Addington verdict actually moves the pilot group closer to a joint contract with the Nicolau Award. The Company was crystal clear in their filing that they are seeking to bring a quick resolution to the seniority dispute. Most legal scholars will agree that US Airways is unlikely to receive a complete release from legal liability. In fact, should they violate their obligations under the Transition Agreement in collusion with USAPA, Judge Wake has already stated his willingness to renew the hybrid claim once it is ripe as defined by the 9th Circuit. 

The latest ‘trash talk’ from the USAPA communications team is pure fantasy. The dismissal of Addington combined with the Company’s lawsuit paves the way for a Nicolau contract sooner rather than later.