Last week, the west pilots as represented by Leonidas, LLC filed their intent to appeal the Addington case to the Supreme Court. Although it is highly unlikely the court will hear their appeal, their perseverance cannot be ignored. It appears that the west pilots are both well funded and determined in their quest to prevent the completion of USAPA’s seniority heist. 

USAPA’s noise machine has gone to great lengths to deceive the east pilots into believing that their case is solid and they are months away from a quasi date-of-hire seniority integration. In reality (as TheEye has already reported), USAPA did not win anything at the 9th other than the proclamation that they need to actually destroy the careers of the west pilots before they can be found liable for their actions. Should the Supreme Court not take the Addington Appeal, it is likely that the west pilots will bring a well funded and solid DFR claim against USAPA and US Airways, Inc. should a tentative agreement sans Nicolau be passed by the membership. In fact, the 9th was crystal clear in their proclamation that the case would be ‘unquestionably ripe’ should USAPA fail to honor their inherited obligations. 

USAPA can never escape from the pretext of their formation. As admitted to by Steve Bradford, USAPA was formed exclusively to circumvent the implementation of the Nicolau Award. Crew room banter that Nicolau was the final straw in east pilot disenfranchisement with ALPA is just that; crew room banter. It is the excuse of a guilty conscience justifying the deplorable actions of the majority. The jury in the first DFR case didn’t buy it and the judge in the second DFR will also reject the tyranny of the majority as a representation of democracy. 

Yet as recently as this week in their propaganda rag “The Iron Compass” USAPA characterized the Addington Plaintiffs as the ‘losers.‘  TheEye has always considered all the US Airways pilots as the ‘losers’ as we all work for pathetically substandard wages and under bankruptcy work rules. Our peers at others airlines have leap frogged us in all contract areas. All while the hardcore USAPA supporters press ahead with their immoral scheme to end run inherited obligations and jumpstart their stalled careers. 

If the motion for a stay from the 9th Circuit is rejected, our inside sources have confirmed that the NAC will again pass a quasi date-of-hire seniority list with minimal conditions and restrictions across the table. It is almost certain that Mr. Parker, under advisement from his legal team, will instruct the company negotiators to stand firm on the Nicolau Award as the accepted seniority list. Mr. Parker has absolutely no reason to move off the Nicolau Award unless he can extract significant concessions from the union and protect the corporation from being named a defendant in the second DFR lawsuit. 

Mr. Cleary’s options are severely limited. He can’t force the company to negotiate seniority nor does he have the leverage to extract any gains at the negotiating table. The mediator will also never release the parties to self help with less than 50% of the pilot group supporting the NAC. 

The only certainty is that we the ‘losers’, both east and west, will be stuck with the status quo for years to come. 

There will be no strike. 

There will be no chaos. 

There will be no contract.