Rachford

Rachford v. Air Line Pilots Ass'n, International

Good Law

375 F. Supp. 2d 908·2005 WL 1403518·2005 U.S. Dist. LEXIS 17349

United States District Court, Northern District of CaliforniaJune 15, 2005C 03-1103 PJH, C 03-1449 PJH, C 03-3618 PJHCalifornia19,069 words

Opinion

Hamilton, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

On September 30, 2004, and October 1, 2004, the court conducted an evidentiary hearing on the question whether Emery Worldwide Airlines, Inc. (“EWA”) and the Air Line Pilots Association, International (“ALPA”) had reached an agreement in which they settled the grievance filed by ALPA on behalf of airline pilots who lost their jobs when EWA ceased flight operations in December 2001.

At the evidentiary hearing, the parties presented witness testimony of Marcus Migliore (“Migliore”), in-house counsel for ALPA; Captain Howard Attarian (“Attari-an”), Executive Assistant to Captain Duane Woerth (“Woerth”), President of ALPA; and Sheldon Kline (“Kline”), outside counsel for EWA. In addition, the parties stipulated to the admission of testimony in the form of deposition transcripts of Woerth; Captain Jeffrey Haddock (“Haddock”), the Custodian for ALPA’s Master Executive Council for EWA; Troy Englert (“Englert”), Senior Economic Analyst, ALPA; Gene Granof (“Granof’), in-house counsel for ALPA; Don Fausset (“Fausset”), former Vice-President of Human Resources and Labor Relations for Emery Air Freight Corporation d/b/a Emery Worldwide (“EWW”); David…

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