EXHIBIT A 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

HONORABLE ELAINE L. CHAO 

SECRETARY, U.S. DEPARTMENT 

OF LABOR 

AND 

MARK L. HUNNIBELL 

VS. 

ALLIED PILOTS ASSOCIATION 

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CIVIL ACTION NO.4:05-CV-338-Y 

ORDER ON JOINT MOTION FOR CASE RESOLUTION

Before the court is the Joint Motion for Case Resolution 

(doc. #53), jointly filed by plaintiff Elaine L. Chao, 

Secretary, U.S. Department of Labor (“the DOL”), and defendant 

Allied Pilots Association (“Allied”), in which these parties 

propose to resolve the above cause of action in consideration of 

a Stipulation of Settlement (doc. #53, app. A). PlaintiffIntervenor Mark L. Hunnibell (“Hunnibell”) conditionally 

supports the Joint Motion of the DOL and Allied. 

After considering the Joint Motion and response by 

Hunnibell, the Court hereby ORDERS that: 

1. its February 20, 2007, Order Denying Plaintiff’s 

Motion for Summary Judgment is NOT vacated; 

2. the Complaint in this case is NOT dismissed and the 

Court will maintain jurisdiction until at least such time as the 

2007 APA National Officer Election is concluded with any and all 

protests conclusively resolved; 

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3. the Court will exercise its jurisdiction for the 

purpose of resolving disputes and protests, if any, that may 

arise in connection with the 2007 APA National Officer Election, 

and upon proper certification of the results of that election by 

the DOL, and will entertain a motion to enter a judgment 

approving those certified election results; 

4. the Court has previously entered orders cancelling 

pending events on the Court’s calendar, but will NOT remove this

case from the Court’s active docket until at least such time as 

the 2007 APA National Officer Election is concluded with any and 

all protests conclusively resolved; 

The preceding orders are based upon the stated grounds for the 

Joint Motion and the Stipulation of Settlement and, in 

consideration thereof, and responses thereto, the Court hereby 

ORDERS that: 

5. Any and all disputes concerning the 2004 APA National 

Officer Election are resolved, and no further action will be 

taken with respect to that Election, pursuant to the following: 

a. The DOL will make written appointment of a DOL 

investigator to supervise the 2007 National Officer Election 

which is currently in progress; 

b. The DOL will make every effort during its 

supervision to ensure that the Election is conducted in 

compliance with the Labor-Management Reporting and Disclosure 

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Act (“LMRDA”) 29 U.S.C. § 401, et seq. and, as lawful and 

practicable, in compliance with the APA Constitution and Bylaws. 

c. The supervised 2007 National Officer Election 

will be conducted by mail ballot. 

d. Prior to and including the date the election (or 

if necessary, runoff) ballots are tallied, any challenges and 

disputes concerning the conduct of the 2007 National Officer 

Election will be determined in the first instance by the DOL 

subject to review by the Court; 

e. After the date the election (or if necessary, 

runoff) ballots are tallied, any challenges and disputes 

concerning the conduct of the 2007 National Officer Election 

will be determined in the first instance by the Court according 

to procedures that will be published by separate order developed 

according to the schedule ordered in paragraph 6 below; 

f. At the conclusion of the Election, the DOL shall 

certify to this Court its results and its compliance with the 

LMRDA and the APA Constitution and Bylaws, subject to this 

Court’s approval of that certification. 

g. In view of the parties’ efforts to resolve the 

disputes in this case, this Court will consider the motion to 

vacate its February 20, 2007, decision denying the DOL’s Motion 

for Summary Judgment only after the 2007 APA National Officer 

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Election is concluded with any and all protests conclusively 

resolved; 

h. Each party will bear its own costs, fees and 

expenses incurred in litigating this action. 

6. With regard to this Court’s procedures for hearing and 

deciding post-election challenges and protests, the Court ORDERS

the parties to confer for the purpose of jointly proposing terms 

and procedures for this Court’s adjudication of such issues. The 

parties are ORDERED to make a Joint Motion not later than May 

18, 2007 in which proposed terms and procedures shall be 

described. The Joint Motion may be no longer than 15 pages and 

may not contain any Exhibits or Appendixes. If the parties 

cannot agree on terms, the Joint Motion shall describe the 

nature of the disagreement and a summary of the positions of 

each of the parties. The Court shall consider the Joint Motion 

and will enter an order prescribing such protest terms and 

procedures no later than May 25, 2007.

ORDERED April ___, 2007. 

TERRY R. MEANS 

UNITED STATES DISTRICT JUDGE 

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