Addington et al v. Bradford et al
| Don Addington, John Bostic, Mark Burman, Afshin Iranpour, Roger Velez and Steve Wargocki |
| Steven H Bradford, Paul J Diorio, Robert A. Frear, Mark W. King, Douglas L. Mowery and John A. Stephan |
| 2:2008cv01728 |
| September 19, 2008 |
| US District Court for the District of Arizona |
| Labor: Railway Labor Act Office |
| Maricopa |
| Neil V Wake |
| None |
| Federal Question |
| 45:151 Railway Labor Act |
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Filing
35
PARTIAL JUDGMENT and PERMANENT INJUNCTION - that all claims in CV08-1728-PHX-NVW are dismissed with prejudice for failure to state a claim upon which relief can be granted. (Doc. # 118.) FURTHER ORDERED, ADJUDGED, AND DECREED that Plas' claims a gainst Dft US Airways, Inc., in No. CV 08-1633 PHX-NVW are dismissed for lack of subject matter jurisdiction. FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633-PHX-NVW that the claims of the Plas and the class of all pilots employed by US Airw ays, Inc., in September 2008 who were on the America West seniority list on September 20, 2005, against Dft US Airline Pilots Association for refund of payments of union dues and fees are dismissed with prejudice for failure to state a claim upon whi ch relief can be granted. (Doc. # 287.) FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633-PHX-NVW in favor of the Plas and the class of all pilots employed by US Airways, Inc., in September 2008 who were on the America West seniority list on S eptember 20, 2005, that Dft US Airline Pilots Association and its officers, committees, representatives, agents, and all persons in active concert and participation with them are permanently enjoined A. Immediately, and in good faith, make all reason able efforts to negotiate and implement a single collective bargaining agreement with US Airways that will implement the Nicolau Award seniority proposal unmodified, according to its terms; B. Make all reasonable efforts to support and defend the sen iority rights provided by or arising from the Nicolau Award in negotiations with US Airways; and C. Not negotiate for separate collective bargaining agreements for the separate pilot groups, but rather negotiate for a single collective bargaining agr eement for both pilot groups that incorporates the Nicolau Award. This injunction does not restrain USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent with the previous sentence. The Court retains jurisdiction to enfo rce, modify, or dissolve the permanent injunction portion of this order. The Court retains jurisdiction to adjudicate the named Plas' unadjudicated claims for damages and any claims for attorney fees. Signed by Judge Neil V Wake on 7/17/09. (KMG, )
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Filing
21
ORDER re 16 MOTION to Dismiss Case: The motion is denied as to the defenses of improper venue and failure to join an indispensible party. Plaintiff is to file a response to the remaining portions of the motion by 12/5/08, reply is due by no later than 12/12/08 at 5:00 p.m. Oral argument is set 12/15/08 at 4:00 p.m. before Judge Neil V Wake. Defendants are to file an answer by 12/12/08. See text of attached order for full details. Signed by Judge Neil V Wake on 11/21/08. (SJF) Modified on 11/24/2008 as to spacing (DNH ).
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