Leonidas Update October 24, 2013

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Yesterday, October 23, the trial portion of the Addington II case concluded after two days of proceedings in front of Judge Roslyn O. Silver. The crux of the matter centered around two questions: 

1. Did USAPA violate its Duty of Fair Representation (DFR) to the West pilot Class by agreeing to an MOU that it now asserts “wiped the slate clean” with respect to East/West seniority integration in the pending merger with American Airlines and gives USAPA the right to proceed by majority rule, without regard to the 2005 Transition Agreement or the Nicolau Award? 

2. Is USAPA capable of fairly representing the West pilot Class during the seniority list integration process with the APA? And if not, are the West Pilots entitled to their own representation in the seniority integration process with APA? 

The West Pilots presented testimony of six live witnesses: Jeff Koontz, Ken Holmes, John Scherff, Brian Stockdell, Johan Devicq and AC Iranpour. Plaintiffs also presented additional testimony by USAPA Vice-President Bradford through video-taped testimony taken in September. 

Four live witnesses testified on behalf of USAPA: Dean Colello, John Owens, Jess Pauley and Bob Davison. Due to his medical condition, USAPA President Hummel was not able to participate as a witness, either in person or by video/phone. Judge Silver ordered the two parties to discuss the possibility of submitting any testimony by President Hummel, beyond what is already in his September deposition and submit any such mutually agreed upon evidence to the Court by Friday. US Airways did not provide any witnesses or examine any of the witnesses offered by the West Pilots or USAPA. 

After the evidence had been presented, Judge Silver indicated that she would order an expedited briefing schedule with respect to the Motion for Summary Judgment filed by US Airways, Doc. 212, and perhaps also with respect to USAPA’s Motion for Summary Judgment, Doc. 211. We expect her to issue an official order on this matter very shortly. 

Today, both the West Pilots and USAPA filed notices with the Court indicating which deposition transcripts and the portions of those transcripts should be considered as part of the record. In their notice, Plaintiffs also indicated that all of the exhibits marked should be considered part of the formal record. These documents can be found here: Doc. 247248

Finally, Judge Silver has also ordered the parties to submit a summary of the evidence to establish their positions, no later than October 31, 2013 with the response to those briefs due no later than November 6, 2013. The summaries are limited to fifteen pages in length and the responses are limited to 10 pages. This order can be found here: Doc. 244

Once these additional briefings are filed, Judge Silver can issue her decision in this matter at any time. Unfortunately, there is no set time frame for her to reach a decision. 

All documents in regard to this case, including the Court Transcripts and Depositions not marked confidential are available on the website. 

It has been a long 6 years since Arbitrator Nicolau issued his Arbitration Award. Now that this case is in its final stages, we are hopeful that it will provide for a final resolution so that all US Airways can look forward to the end of years of litigation and set their sights on creating a better future for all of us at the New American Airlines. 

As always, thank you for your support. 

Leonidas, LLC