"The MOU itself is a breach of the duty of fair representation because it provides substantially better pay to US Airways pilots without requiring pilot integration using the Nicolau Award seniority list. See Addington v. US Airline Pilots Ass’n, No. 2:08-CV-1633-PHX-NVW, 2009 WL 2169164, at *30 (“The duty of fair representation requires USAPA and any successor union to bargain for the implementation of the Nicolau Award.).
Although the MOU allows USAPA to implement the Nicolau Award, it does not require it to do so. Regardless, USAPA is steadfastly refusing to even consider doing so. Indeed, on March 6, 2012, it filed an adversary proceeding, Case No. 11-15463-SHL, in the Southern District of New York against Leonidas, LLC, in a flawed effort to deter the West Pilots from taking action to compel USAPA to adhere to its duty. A. Jacob, Decl., at ¶ 7 (providing copy of complaint). In that flawed action, USAPA seeks to enjoin Leonidas (not these Plaintiffs or the West Pilot class as a whole) from filing such litigation. That action is flawed because Leonidas neither has standing nor intention to file any such litigation. But, the West Pilots have both and they have done so here."