Anybody have any idea on the usair seniority? How many pilots and when the merger occurs how will effect the aa pilots? And if your an aa pilot why would you want to push the merger ? Sounds to me they will not be very many promotions almost sounds like a few pilots will bumped down in equipnent.
The East pilots had their say......
There are some issues that will be addressed in a Phoenix courthouse starting on 10/22
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
CASE NO. CV-13-00471-PHX-ROS
FIRST AMENDED COMPLAINT
FOR DECLARATORY
JUDGMENT ON DUTY OF FAIR
REPRESENTATION AND ORDER
ENJOINING PILOT
INTEGRATION THAT DOES NOT
USE THE NICOLAU AWARD
SENIORITY LIST
Don ADDINGTON; John BOSTIC;
Mark BURMAN; Afshin IRANPOUR;
Roger VELEZ; Steve WARGOCKI;
Michael J. SOHA; Rodney Albert
BRACKIN; and George MALIGA, on
behalf of themselves and all
similarly situated former America
West pilots,
Plaintiffs,
vs.
US AIRLINE PILOTS ASS’N, an
unincorporated association; and
US AIRWAYS, INC., a Delaware
corporation,
Defendants.
INTRODUCTION AND PARTIES
1. In 2005, US Airways (a bankruptcy debtor) and America West
Airlines merged to form a new airline also called US Airways.
2. The pilots on both sides of that merger (the “East Pilots” from
US Airways and the “West Pilots” from America West) agreed to an
arbitrated merger of their separate seniority lists.
3. That arbitration was conducted by George Nicolau and an
award creating a merged seniority list (the “Nicolau Award&rdquo😉 was
announced in May 2007.
4. The East Pilots immediately repudiated their agreement to treat
the Nicolau Award as final and binding.
5. In mid 2007, the East Pilots formed a single-airline union,
Defendant US Airline Pilots Association (“USAPA&rdquo😉, to oust the multiairline
union that was representing these pilots, the Airline Pilots
Association (“ALPA&rdquo😉.
6. At the time, ALPA (which they could not control) was ordering
the east Pilots to use the Nicolau Award list.
7. The East Pilots formed USAPA and ousted ALPA because their
majority status in the post-merger airline allowed them to control a
single-airline union that only represented US Airways pilots.
8. In April 2008, USAPA succeeded ALPA as the bargaining
representative.
9. Under East Pilot control, USAPA also repudiated the agreement
to honor the Nicolau Award.
10. The West Pilots have been engaged in litigation with USAPA
since October 2008 to defend the Nicolau Award.
11. Most recently, USAPA entered into a contract with US Airways
that further repudiates USAPA’s duty to honor the Nicolau Award.
Case 2:13-cv-00471-ROS Document 134
22. Defendant USAPA is an unincorporated association with a
principal place of business in Charlotte, North Carolina.
23. Defendant US Airways, Inc., is a Delaware corporation having
its principal place of business in Tempe, Arizona.
24. The Allied Pilots Association (“APA&rdquo😉 is an unincorporated
association with a principal place of business in Fort Worth, Texas.
25. APA is not named as a defendant.
arbitration.
47. The East Merger Committee argued in the arbitration that the
East Pilots on furlough at the time of the merger were entitled to
seniority rights based upon their dates of hire at US Airways, even if that
would put hundreds of them ahead of West Pilots who were not on
furlough.
48. The West Merger Committee argued that West Pilots who had
been active at the time of the merger should be placed ahead of East
Pilots who were on furlough at the time of the merger.
49. Subject to predefined conditions that protected its economic
interests, US Airways agreed in advance to accept the outcome of the
arbitration as the final resolution of this seniority integration dispute.
50. Mr. Nicolau issued his decision on May 1, 2007, in a document
referred to as the Nicolau Award.
51. Mr. Nicolau rejected the date-of-hire integration advocated by
the east Pilots because “merging active pilots with furloughees, despite
the length of service of some of the latter, is not at all fair or equitable
under any of the stated criteria.”
52. The Nicolau Award created an integrated seniority list that
placed approximately 500 of the most senior East Pilots at the top of the list because they flew wide-body aircraft and no West Pilot flew such aircraft.
53. At the other end, the Nicolau Award placed all East Pilots who
were on furlough when the airlines merged at the bottom of the list
because they did not bring jobs to the merger.
54. The Nicolau Award blended the remainder of the two pilot lists.
55. On December 20, 2007, the Airline accepted the Nicolau Award
integrated seniority list.
56. The East MEC appealed to ALPA’s Executive Committee to
overturn the Nicolau Award.
57. ALPA’s Executive Committee ordered the East Pilots to
implement the Nicolau Award.
58. In May 2007, East Pilot Stephen Bradford began to plan to
create a new union (USAPA) to oust ALPA.
59. Upon information and belief, Mr. Bradford envisioned that East
Pilots would control USAPA because they were in the majority.
60. Upon information and belief, Mr. Bradford reasoned that
USAPA, unlike ALPA, would “protect” East Pilot interests over those of
the West Pilots.
61. A representation election between USAPA and ALPA was held in
early 2008.
62. USAPA won the election and began to represent a bargaining
unit comprised of both pilot groups on April 18, 2008.
63. Later in 2008, USAPA presented, and to this day has not
withdrawn, a date-of-hire seniority proposal to US Airways—a proposal
that would put hundreds of West Pilots below the East pilots who were
on furlough at the time of the merger.