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October 09, 2013

Judge rules TWU can be a friend of the court, but not intervenor

Federal judge Colleen Kollar-Kotelly ruled Wednesday that the Transport Workers Union will be granted "amicus curiae" or friend of the court status but will not be allowed full intervenor status.

The union, which represents 23,000 workers at American Airlines, had asked for intervenor status in the antitrust suit the U.S. Department of Justice filed to stop the merger of American and US Airways.

Both the government and airlines objected to the TWU gaining intervenor status, saying it would slow down the trial schedule. Currently, the suit is scheduled to go to trial on November 25.

Keep reading for the full order from the judge.

-Andrea Ahles

Presently before the Court is the [98] Amended Motion of Transport Workers Union to Intervene as of Right or, Alternatively, to Appear as Amicus Curiae. The Transport Workers Union’s request to intervene as of right has been opposed by both Plaintiffs and Defendants. See Plaintiffs’ Statement in Opposition to Transport Workers Union’s Motion to Intervene, ECF No. [99]; Defendants’ Response to Amended Motion of Transport Workers Union to Intervene, ECF No. [100]. Both Plaintiffs and Defendants, in the process of raising a host of arguments against intervention as of right, point out that granting the Transport Workers Union’s request to intervene as of right would stand in the way of the prompt resolution of this litigation on the expedited schedule set by this Court. Recognizing the importance of this concern, the Transport Workers Union has subsequently filed a response in which it no longer pursues intervention as of right, but instead requests that the Court grant its alternative request to participate as amicus curiae. See TWU’s Response in Further Support of Its Amended Motion to Intervene or, Alternatively to Appear as Amicus Curiae, ECF No. [102]. Neither Plaintiffs nor Defendants have indicated an opposition to the Transport Workers Union’s participation as amicus curiae.Accordingly, pursuant to its “broad discretion to permit . . . participation in [a]suit as an amicus curiae,” National Ass’n of Home Builders v. U.S. Army Corps of Engineers, 519 F.Supp.2d 89, 93 (D.D.C. 2007), this Court will permit the Transport Workers Union to participate as amicus curiae in this matter.

Accordingly, for the reasons set forth above, it is, this 9th day of October, 2013, hereby ORDERED that the [98] Amended Motion of Transport Workers Union to Intervene as of Right or, Alternatively, to Appear as Amicus Curiae is GRANTED-IN-PART AND DENIED-IN-PART. The Transport Workers Union’s request to intervene as of right is DENIED. However, the Transport Workers Union’s request to appear as amicus curiae is GRANTED.

SO ORDERED.

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Comments

the_flying_cow

Does this mean there going to sell out aircraft maintenance even more now? The TWU is only interested in getting perks from AA like free tickets friends get paid by AA for no show jobs and stuff like that. We need someone else anyone but the TWU.

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