Seniority Integration Process: APA's Duty of Fair Representation
The recent execution of the Merger Protocol Agreement, followed by the National Mediation Board's certification of APA as the collective bargaining agent for all American Airlines pilots, formally begins the seniority integration process.
In accordance with the Merger Protocol Agreement, members of the preliminary arbitration board and the three-member arbitration board have been selected. A date for the preliminary arbitration board to convene has not yet been set. Once it has convened, the preliminary arbitration board will rule on whether the US Airways West pilots will be represented by an independent merger committee in the seniority integration process. The preliminary arbitration board members are
Stephen Crable,
Shyam Das and
Joshua Javits.
Each merger committee will advocate for its respective pilots' interests. Under the terms of the Merger Protocol Agreement, the seniority list integration will be submitted to the arbitration board for resolution, in accordance with the federal legislation known as McCaskill-Bond. The merger committees may choose to continue negotiating while the arbitration board conducts its deliberations.
APA has a legal duty of fair representation for all American Airlines pilots. As stated in the Merger Protocol Agreement, "APA shall not interfere in the deliberations and decision making of the Merger Committees." This precludes any involvement of the APA leadership in the respective committees, which will act autonomously. APA will provide administrative and logistical support but will exert no operational control over the committees.
As part of our duty to represent all American Airlines pilots, APA will maintain strict neutrality during the seniority integration process, similar to the arbitration in 2013 regarding the downsizing in STL and related contractual provisions. Any and all communications regarding the progress of the negotiations and/or the arbitration will be the responsibility of the respective committees. APA updates will be limited to information regarding the timetable for various events related to seniority integration.
New Members, New Domiciles: APA Welcomes US Airways Pilots
As APA continues the process of reviewing US Airways membership applications, many of you have already begun voting on the approved applicants. We'll also begin creating new APA domiciles and appointing interim domicile representatives. This process is conducted in strict accordance with the APA C&B. With nearly 3,500 applications currently pending, the process works as follows:
- The APA Membership Committee reviews all pending applications.
- Those that pass the screening process go to an APA domicile for a vote by its members.
APA Constitution and Bylaws Article III 1.C. states: "No one shall be admitted for membership who has willfully acted as a strikebreaker pilot, or scab pilot, or who has secured or attempted to secure employment rights as a scab pilot during any duly authorized pilot strike."
- If a prospective new member is denied membership, APA will forego the normal dues revenue paid monthly by all members in good standing. That applicant becomes a non-member and will not be subject to monthly dues or agency fees.
[*]During this interim representation period, new applicants from US Airways will be represented by the geographically closest APA domicile (CLT: DCA, PHL: LGA, PHX: LAX). The voting for prospective new members will take place in each of these co-located domiciles.
[*]Once a sufficient number of applicants are voted in as members, new domiciles will be established in CLT, PHL and PHX. US Airways pilots in DCA will be integrated into APA's existing DCA domicile.
- The number of domicile members will determine the number of domicile representatives, with 101 being the minimum number required for two domicile/board of directors representatives.
- When a new domicile is established, APA President CA Keith Wilson will announce the appointment of each domicile representative, who will serve until a domicile election is held.
For CLT, PHL and PHX, the election process will begin Oct. 9 with the "willingness to serve" forms being mailed to all members. Detailed information regarding this electoral process will be posted on domicile bulletin boards and mailed directly to all new members.
[*]Pilots who do not apply for membership within 90 days of the NMB's Sept. 16 determination or who elect to be non-members will be subject to the
agency fee provisions of the CBA.
CA Wilson and Membership Committee member CA Rusty McDaniels are conducting information sessions this week in CLT, PHL and PHX for US Airways pilots. CLT and DCA applications were voted on at the APA DCA domicile meeting Sept. 25. PHX applications will be voted on at the APA LAX domicile meeting Sept. 29. PHL applications will be voted on at the APA LGA domicile meeting Sept. 30.
APA sent this information to US Airways pilots in an email Tuesday.