US Airline Pilots Association
Encyclopedia
The US Airline Pilots Association (USAPA) is the collective bargaining
agent for US Airways
pilots. The US Airline Pilots Association replaced the Air Line Pilots Association (ALPA) in a representational election and is an "in-house union" representing the interests of the US Airways pilots. The election for a collective bargaining agent, authorized and administered by the National Mediation Board (NMB), concluded on April 17, 2008 with the USAPA prevailing by a margin wide enough for the NMB to refuse any further challenges. USAPA became the NMB-certified bargaining agent for all US Airways pilots effective April 18, 2008.
as the bargaining representative for US Airways pilots. Pilots from similar major airlines, American, Southwest and UPS are also not currently part of ALPA. This controversy is mostly centered around the method used to integrate seniority lists from US Airways and America West Airlines
after their merger, and has resulted in a division in the ranks between the previous US Airways pilots (often referred to as the East pilots) and the former America West pilots (often referred to as the West pilots).
The East and West pilots are bound by a transition agreement for separate operations of US Airways and the former America West Airlines. The airline has to operate airplanes, crews and schedules separately, until a collective bargaining agreement (http://legal-dictionary.thefreedictionary.com/Collective+bargaining+agreements between the two pilot groups is voted on and ratified. The former union representing the East and West pilots, ALPA http://www.alpa.org/, produced a video http://www.youtube.com/watch?v=o6TwophNpks before they were replaced, that explained the process agreed to in the transition agreement.
In 2005, America West merged with US Airways. Before and after the merger, ALPA was the bargaining representative for pilots from both airlines. During merger negotiations in late 2006, representatives from the two pilot groups were unable to reach an agreement with respect to integration of seniority. The US Airways pilots' proposal was to base seniority primarily on date-of-hire, with conditions and restrictions to protect the bases and positions of the former West pilots. This would place the US Airways pilots at the top of the ranks, while nearly 80% of the America West pilots would be at the bottom of the seniority list. The America West pilots' proposal included a plan that defined a series of ratios, that would maintain relative seniority for all pilots in the new organization. The proposal would have placed many US Airways pilots with more than 17 years longevity in a position below recently hired pilots of America West, which was not acceptable to the US Airways pilots. The issue was eventually submitted to binding arbitration through ALPA internal union arbitration board.
In May 2007, ALPA assigned arbitrator, George Nicolau and two ALPA pilot neutrals, a United Pilot and a Continental Pilot, released what is now known as the "Nicolau Award". The 512 top seniority positions went to the most senior US Airways pilots, the America West pilots only flew narrow bodied smaller airplanes. The rest of the pilots were blended in relative position fashion, with the remaining active pilots, placing many former East pilots below many recently hired West pilots, some who were still in new hire training. Furloughed US Airways pilots were placed at the bottom of the list. Many US Airways pilots contended the Nicolau decision violated ALPA merger policies.. US Airways pilots also alleged other errors in the award, including the treatment of MDA (Mid-Atlantic Division) pilots as furloughed pilots.
USAPA was organized in 2007 and provided a power point presentation with what they had to offer to the pilots. Before USAPA was voted in, they visited the former America West pilots in Phoenix to tell their side of the story. A video of the meeting was produced by the former America West pilots. In April 2008, by a majority vote, USAPA replaced ALPA as the new pilots union for all the US Airways pilots. The East pilots lost confidence in their former union, ALPA. USAPA's constitution lists "date-of-hire" as the primary methodology to be used for establishing or merging seniority lists.
The US Airways West pilots saw the formation of USAPA as a clear attempt to circumvent or nullify the previously awarded binding arbitration results. Former America West pilots do not believe the new union represents their best interests. They have formed another organization, the Leonidas, LLC specifically to promote the preservation of the union seniority arbitration results.
Recently, US Airways has requested a declaratory judgment. They are asking the court to tell them if they could be found liable in this seniority dispute and if so, to which seniority list they are legally bound. That lawsuit is due to be heard in the late fall/early winter 2010-2011. Until this case is heard and all appeals are exhausted, both pilot groups will remain separate under their respective contracts and operations.
AWAPPA, and 18 west pilots, were sued by USAPA under federal RICO laws within one month of Usapa winning the NMB election. USAPA vs AWAPPA The RICO lawsuit was dismissed, by a federal district court in North Carolina. USAPA appealed that decision. The 4th Circuit Court of Appeals upheld the lower court's ruling against Usapa. USAPA vs AWAPPA 4th Circuit Court of Appeals.
Because of the controversy surrounding the AWAPPA and the former America West pilots conduct at that time, the West pilots formed a new organization, Leonidas, LLC. The new group representing the former West pilots, Army of Leonidas, has recently been involved in a controversy involving the acquisition of east pilots mailing addresses for informational mailings. USAPA making accusations of identity theft regarding the matter. Pilot union says US Airways employee leaked personal data of 3,000 pilots article.
The DFR suit was appealed by USAPA. In December 2009, the United States Court of Appeals for the Ninth Circuit heard the case. The following link is the audio of the oral arguments;
Don Addington v. US Airline Pilots Association, No. 09-16564
February 12, 2010 Judge Wake issued a temporary stay concerning all District Court proceedings in the Addington case. This was done to allow the 9th Circuit Court of Appeals to rule on the initial outcome of the federal court trial prior to proceeding with a damages trial for the former AWA pilots listed on the lawsuit.
June 04, 2010 The 9th Circuit Court of Appeals ordered a dismissal of the DFR suit against USAPA. "USAPA contends, inter alia, that the district court never had jurisdiction because the West Pilots’ claim is not ripe. We agree." However, the court also noted that nothing prevented the west pilots from re-filing a new DFR suit once a pilot contract was voted on. "http://www.ca9.uscourts.gov/datastore/opinions/2010/06/04/09-16564.pdf.
Petition for a writ of certiorari was filed by the America West Pilots legal team with the Supreme Court and was subsequently denied on January 10th, 2011.http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-463.htm This affirmed the 9th Circuit Courts dismissal of the duty of fair representation lawsuit against USAPA.
Collective bargaining
Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...
agent for US Airways
US Airways
US Airways, Inc. is a major airline based in the U.S. city of Tempe, Arizona. The airline is an operating unit of US Airways Group and is the sixth largest airline by traffic and eighth largest by market value in the country....
pilots. The US Airline Pilots Association replaced the Air Line Pilots Association (ALPA) in a representational election and is an "in-house union" representing the interests of the US Airways pilots. The election for a collective bargaining agent, authorized and administered by the National Mediation Board (NMB), concluded on April 17, 2008 with the USAPA prevailing by a margin wide enough for the NMB to refuse any further challenges. USAPA became the NMB-certified bargaining agent for all US Airways pilots effective April 18, 2008.
Integrated seniority list controversy
There has been much controversy surrounding the formation of USAPA and the removal of the Air Line Pilots Association (ALPA)Air Line Pilots Association, International
The Air Line Pilots Association, International , is the collective bargaining representative for over 59,000 pilots of 39 U.S. and Canadian airlines. ALPA was formed in 1931 and is a member of the AFL-CIO and the Canadian Labour Congress...
as the bargaining representative for US Airways pilots. Pilots from similar major airlines, American, Southwest and UPS are also not currently part of ALPA. This controversy is mostly centered around the method used to integrate seniority lists from US Airways and America West Airlines
America West Airlines
America West Airlines corporate offices were in Tempe, Arizona and the main hub was at Phoenix Sky Harbor International Airport. The airline became part of the US Airways Group after a merger in 2005....
after their merger, and has resulted in a division in the ranks between the previous US Airways pilots (often referred to as the East pilots) and the former America West pilots (often referred to as the West pilots).
The East and West pilots are bound by a transition agreement for separate operations of US Airways and the former America West Airlines. The airline has to operate airplanes, crews and schedules separately, until a collective bargaining agreement (http://legal-dictionary.thefreedictionary.com/Collective+bargaining+agreements between the two pilot groups is voted on and ratified. The former union representing the East and West pilots, ALPA http://www.alpa.org/, produced a video http://www.youtube.com/watch?v=o6TwophNpks before they were replaced, that explained the process agreed to in the transition agreement.
In 2005, America West merged with US Airways. Before and after the merger, ALPA was the bargaining representative for pilots from both airlines. During merger negotiations in late 2006, representatives from the two pilot groups were unable to reach an agreement with respect to integration of seniority. The US Airways pilots' proposal was to base seniority primarily on date-of-hire, with conditions and restrictions to protect the bases and positions of the former West pilots. This would place the US Airways pilots at the top of the ranks, while nearly 80% of the America West pilots would be at the bottom of the seniority list. The America West pilots' proposal included a plan that defined a series of ratios, that would maintain relative seniority for all pilots in the new organization. The proposal would have placed many US Airways pilots with more than 17 years longevity in a position below recently hired pilots of America West, which was not acceptable to the US Airways pilots. The issue was eventually submitted to binding arbitration through ALPA internal union arbitration board.
In May 2007, ALPA assigned arbitrator, George Nicolau and two ALPA pilot neutrals, a United Pilot and a Continental Pilot, released what is now known as the "Nicolau Award". The 512 top seniority positions went to the most senior US Airways pilots, the America West pilots only flew narrow bodied smaller airplanes. The rest of the pilots were blended in relative position fashion, with the remaining active pilots, placing many former East pilots below many recently hired West pilots, some who were still in new hire training. Furloughed US Airways pilots were placed at the bottom of the list. Many US Airways pilots contended the Nicolau decision violated ALPA merger policies.. US Airways pilots also alleged other errors in the award, including the treatment of MDA (Mid-Atlantic Division) pilots as furloughed pilots.
USAPA was organized in 2007 and provided a power point presentation with what they had to offer to the pilots. Before USAPA was voted in, they visited the former America West pilots in Phoenix to tell their side of the story. A video of the meeting was produced by the former America West pilots. In April 2008, by a majority vote, USAPA replaced ALPA as the new pilots union for all the US Airways pilots. The East pilots lost confidence in their former union, ALPA. USAPA's constitution lists "date-of-hire" as the primary methodology to be used for establishing or merging seniority lists.
The US Airways West pilots saw the formation of USAPA as a clear attempt to circumvent or nullify the previously awarded binding arbitration results. Former America West pilots do not believe the new union represents their best interests. They have formed another organization, the Leonidas, LLC specifically to promote the preservation of the union seniority arbitration results.
Recently, US Airways has requested a declaratory judgment. They are asking the court to tell them if they could be found liable in this seniority dispute and if so, to which seniority list they are legally bound. That lawsuit is due to be heard in the late fall/early winter 2010-2011. Until this case is heard and all appeals are exhausted, both pilot groups will remain separate under their respective contracts and operations.
Army of Leonidas, West Pilots
2007. After the merger, during the organization phase of USAPA, the former America West Pilots, formed a group to legally defend their pilots and the Nicolau arbitration award, AWAPPA(America West Pilots Protective Association).AWAPPA, and 18 west pilots, were sued by USAPA under federal RICO laws within one month of Usapa winning the NMB election. USAPA vs AWAPPA The RICO lawsuit was dismissed, by a federal district court in North Carolina. USAPA appealed that decision. The 4th Circuit Court of Appeals upheld the lower court's ruling against Usapa. USAPA vs AWAPPA 4th Circuit Court of Appeals.
Because of the controversy surrounding the AWAPPA and the former America West pilots conduct at that time, the West pilots formed a new organization, Leonidas, LLC. The new group representing the former West pilots, Army of Leonidas, has recently been involved in a controversy involving the acquisition of east pilots mailing addresses for informational mailings. USAPA making accusations of identity theft regarding the matter. Pilot union says US Airways employee leaked personal data of 3,000 pilots article.
Duty of Fair Representation Trial
On May 13, 2009, a group of AWA pilots who filed suit on behalf of the class of America West pilots in Federal District Court in Phoenix, Arizona succeeded in convincing a federal judge and federal jury that USAPA breached their duty of fair representation to the America West pilots. Federal Judge Neil Wake issued an injunction against USAPA during the week of May 18, 2009 barring USAPA from changing the seniority list from the Airline Pilots Association (ALPA) internal arbitrated list produced by Arbitrator George Nicolau, The trial lasted for eight days of trial, following nearly 9 months of legal preliminaries, and included thousands of pages of evidence.The DFR suit was appealed by USAPA. In December 2009, the United States Court of Appeals for the Ninth Circuit heard the case. The following link is the audio of the oral arguments;
Don Addington v. US Airline Pilots Association, No. 09-16564
February 12, 2010 Judge Wake issued a temporary stay concerning all District Court proceedings in the Addington case. This was done to allow the 9th Circuit Court of Appeals to rule on the initial outcome of the federal court trial prior to proceeding with a damages trial for the former AWA pilots listed on the lawsuit.
June 04, 2010 The 9th Circuit Court of Appeals ordered a dismissal of the DFR suit against USAPA. "USAPA contends, inter alia, that the district court never had jurisdiction because the West Pilots’ claim is not ripe. We agree." However, the court also noted that nothing prevented the west pilots from re-filing a new DFR suit once a pilot contract was voted on. "http://www.ca9.uscourts.gov/datastore/opinions/2010/06/04/09-16564.pdf.
Petition for a writ of certiorari was filed by the America West Pilots legal team with the Supreme Court and was subsequently denied on January 10th, 2011.http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-463.htm This affirmed the 9th Circuit Courts dismissal of the duty of fair representation lawsuit against USAPA.