Case 1:14-cv-00328-BAH Document 26-1 Filed 05/02/14 more interesting points..
Defendant-Counterclaimant Allied Pilots Association (“APA”) moves this Court to compel arbitration of the parties’ dispute over the interpretation of their Memorandum Of Understanding Regarding Contingent Collective Bargaining Agreement (“MOU”), and to stay proceedings pending the result of that arbitration. In support of this motion, APA submits this Memorandum in Support of Motion and adopts the Motion and Memorandum submitted by American Airlines, Inc. (“American”), and US Airways, Inc. (“US Airways”), (collectively, the “Company”).
Accordingly, these four parties signed the MOU in January 2013 to provide a
framework for the integration of the pilot seniority lists in the event of a merger involving US Airways and American. Declaration of Mark Stephens (“Stephens Decl.”) ¶ 5, Ex. 1 MOU. To this end, MOU Paragraph 10(a) establishes a schedule and guidelines for negotiating and arbitrating the seniority integration dispute, and specifies that the arbitration shall be heard by a three-member panel and shall not commence until the parties have finalized a Joint Collective Bargaining Agreement (“JCBA”). Id. USAPA negotiated, agreed to and had its members ratify all of the MOU’s seniority-integration provisions. Id. Yet USAPA now seeks to escape the procedures to which it agreed. USAPA claims that it is not bound by the MOU’s seniority- integration provisions, because the parties could not reach agreement on the terms of the “Seniority Integration Protocol Agreement” (“Protocol Agreement”) referenced in Paragraph 10(f) of the MOU. Because the deadline for finalizing a Protocol Agreement under Paragraph 10(f) has passed, USAPA argues, the rest of the seniority integration framework to which the parties agreed in MOU Paragraphs 10, 26 and 27 is no longer in effect. The truth is that the parties were able to agree on all material aspects of a Protocol Agreement – which incorporated an agreement, pursuant to MOU Paragraph 10(a), concerning how to select the arbitrators for the seniority arbitration panel – save one: USAPA insisted on remaining a party to the seniority integration even after it ceased to be a collective bargaining
representative for the pilots at US Airways
Stephens Decl. ¶¶ 33-34. According to Stephens:
APA and [the American pilot merger committee] were unwilling to agree to [USAPA’s insistence on] a reservation of rights, for the precise reason that USAPA had argued to the court in Addington v. US Airline Pilots Ass’n, No. 13- cv-00471, Doc. 298 (D. Ariz. Jan. 10, 2014), that only the certified bargaining representative is a proper party to the seniority list arbitration, albeit with separate committees representing the pre-merger seniority list pilots, and that APA would be that representative when the arbitration would occur under the MOU. The court held that it “has no doubt that—as is USAPA’s consistent practice— USAPA will change its position when it needs to do so to fit its hard and unyielding view on seniority. . . . The Court’s patience with USAPA has run out. . . . And when USAPA is no longer the certified representative, it must immediately stop participating in the seniority integration.” Stephens Decl., Ex. 11 (quoting Addington v. U.S. Airline Pilots Ass'n, CV-13-00471-PHX-ROS[/size]