laserwash
7th Jun 2010, 13:33
Appeals court rules for US Airways pilot unionJOSHUA FREED
The pilot's union at US Airways won a legal fight on Friday in its dispute with members who came from the old America West when the two airlines combined in 2005.
The issue has been whether the union would have to follow an arbitrator's award on seniority that was seen as favoring the America West pilots. Six of those America West pilots had sued, saying the pilot's union was harming them by not following the arbitrator's decision. Last year a federal judge in Phoenix agreed.
But on Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said it's too soon to say that the union has harmed the America West pilots, and it ordered the case dismissed.
For them to make a claim, a new contract ignoring the arbitrator's award would have to be ratified, two of the judges ruled. Until that happens it's just speculation to say the America West pilots will be harmed by the union's plans, the majority opinion said. Even if the union doesn't follow the arbitrator's decision, the contract it negotiates with the company might not be as bad as the America West pilots fear, the judges wrote.
The US Airline Pilots Association said the ruling leaves it free to go back to negotiating its own seniority agreement with the company, rather than the one handed down by the arbitrator. The union said it's not bound by the arbitrator's decision because it was reached under its predecessor, the Air Line Pilots Association.
Seniority is important to pilots because it dictates who gets the more desirable schedules, as well as who gets laid off. The court ruling said some America West pilots who have been furloughed would be working if the arbitrator's decision had been adopted.
The union's seniority proposal goes by when pilots were hired. That favors pilots from the old US Airways, who tended to be older.
USAPA President Mike Cleary said that's what's fair.
"All of their investments into the corporation, into their careers need to be respected," he said.
America West pilots had argued that US Airways was on the verge of being liquidated before their airline rescued it out of bankruptcy protection and took its name. The company, now called US Airways Group Inc., is based in Tempe, Ariz. and run by executives who came from America West.
Marty Harper, an attorney for the six America West pilots, said it was nearly certain they would ask for their appeal to be heard by the full 9th Circuit.
While Friday's decision said the America West pilot claim wasn't yet "ripe" to be decided, it also said their claim would be "unquestionably ripe ... once a contract is ratified." The threat of that should force the union "to bargain in good faith pursuant to its (duty for fair representation), with the interest of all members" in mind, the judges wrote.
The dispute has forced US Airways to operate with two sets of airplanes flown by two groups of pilots. But it has stayed out of the seniority dispute. On Friday, spokeswoman Michelle Mohr said, "we have consistently stated it is our strong desire to see our pilots resolve their seniority dispute and to achieve a joint contact with the company. We look forward to a final resolution that results in a joint contract for our pilots."
US Airways shares fell 62 cents, or 6.7 percent, to close at $8.59 on Friday amid a broad market downturn.
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The pilot's union at US Airways won a legal fight on Friday in its dispute with members who came from the old America West when the two airlines combined in 2005.
The issue has been whether the union would have to follow an arbitrator's award on seniority that was seen as favoring the America West pilots. Six of those America West pilots had sued, saying the pilot's union was harming them by not following the arbitrator's decision. Last year a federal judge in Phoenix agreed.
But on Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said it's too soon to say that the union has harmed the America West pilots, and it ordered the case dismissed.
For them to make a claim, a new contract ignoring the arbitrator's award would have to be ratified, two of the judges ruled. Until that happens it's just speculation to say the America West pilots will be harmed by the union's plans, the majority opinion said. Even if the union doesn't follow the arbitrator's decision, the contract it negotiates with the company might not be as bad as the America West pilots fear, the judges wrote.
The US Airline Pilots Association said the ruling leaves it free to go back to negotiating its own seniority agreement with the company, rather than the one handed down by the arbitrator. The union said it's not bound by the arbitrator's decision because it was reached under its predecessor, the Air Line Pilots Association.
Seniority is important to pilots because it dictates who gets the more desirable schedules, as well as who gets laid off. The court ruling said some America West pilots who have been furloughed would be working if the arbitrator's decision had been adopted.
The union's seniority proposal goes by when pilots were hired. That favors pilots from the old US Airways, who tended to be older.
USAPA President Mike Cleary said that's what's fair.
"All of their investments into the corporation, into their careers need to be respected," he said.
America West pilots had argued that US Airways was on the verge of being liquidated before their airline rescued it out of bankruptcy protection and took its name. The company, now called US Airways Group Inc., is based in Tempe, Ariz. and run by executives who came from America West.
Marty Harper, an attorney for the six America West pilots, said it was nearly certain they would ask for their appeal to be heard by the full 9th Circuit.
While Friday's decision said the America West pilot claim wasn't yet "ripe" to be decided, it also said their claim would be "unquestionably ripe ... once a contract is ratified." The threat of that should force the union "to bargain in good faith pursuant to its (duty for fair representation), with the interest of all members" in mind, the judges wrote.
The dispute has forced US Airways to operate with two sets of airplanes flown by two groups of pilots. But it has stayed out of the seniority dispute. On Friday, spokeswoman Michelle Mohr said, "we have consistently stated it is our strong desire to see our pilots resolve their seniority dispute and to achieve a joint contact with the company. We look forward to a final resolution that results in a joint contract for our pilots."
US Airways shares fell 62 cents, or 6.7 percent, to close at $8.59 on Friday amid a broad market downturn.
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.