AWA Pilots File Application For Preliminary Injunction

MK82Man

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The request by pilots of America West asking the courts to address the out-of-seniority furloughs currently planned by the company before we suffer irreparable harm

It is 18 pages long, so these are only a few highlights. There may be a link to the district court record out there somewhere. Filed PM on September 18th, 2008.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

CASE NO. 208-CV-1633-NVW

Plaintiffs, on behalf of themselves and other premerger America West pilots, file this Application for a preliminary injunction to enjoin the Company from furloughing any premerger America West pilot before it re-furloughs all US Airways pilots who were on furlough status at the time of the merger.

Plaintiffs are entitled to this relief because their collective bargaining agreement (CBA) gives them contract seniority rights over pilots who were on furlough at the time of the merger and because inequitable conduct tips the balance of hardships strongly in their favor.

The Transition Agreement established that the members of each pilot group had contractual duties to: (1) create an integrated seniority list, if necessary, by binding arbitration; and (2) bargain in good faith to negotiate a single CBA that would apply to all Company pilots and implement this integrated seniority list.

Specifically, after the Transition Agreement modifications, the 2004 CBA required the Company to institute integrated pilot operations using the integrated seniority list when, by June 30, 2006, the pilots and Company had not agreed on a single CBA and were not actively negotiating toward such agreement. Regardless that these conditions have been present for more than two years, the Company has not fulfilled this duty.

The Award identified substantial inequities with the date-of-hire scheme proposed by the US Airways Pilots, noting in particular that it “integrated a number of furloughed US Airways Pilots with active America West Pilots.” The Award also rejected some aspects of the scheme proposed by the America West pilots. It concluded by creating an integrated seniority list that: (1) maintained relative seniority among the pilots from each side; (2) placed the 500 most senior US Airways pilots ahead of all America West pilots; (3) placed about 1,750 US Airways Pilots, who were on furlough status at the time of the merger, at the bottom of the list; and (4) filled the middle of the list with a proportionate blend of the America West pilots and the remaining US Airways pilots. On December 20, 2007, the Company accept this integrated seniority list.

According to ALPA Merger Policy § 45.H.5.b, “The Award of the Arbitration Board shall be final and binding on all parties to the arbitration.” Regardless, the US Airways Pilots refused to cooperate with implementation of the Award and refused to negotiate a single CBA. Moreover, they formed a new union, USAPA, in a transparent effort to avoid commitments to support the Nicolau Award that they saw as linked to their ALPA membership. The more numerous US Airways pilots had enough votes by themselves to get USAPA certified as the bargaining agent for all Company pilots. This occurred on April 18, 2008.

Under the terms of separate operations (as set out in the Transition Agreement), the Company was allowed to recall all of the US Airways pilots on furlough status at the time of the merger in preference to hiring new America West pilots. It was also allowed to hire 90 new US Airways pilots while hiring only 20 new America West pilots (six of whom are former US Airways pilots who are probably transferring back to US Airways). As a result, since May 2005 the number of active US Airways pilots increased by 239 while the number of active America West pilots decreased by 118. Now, the Company wants to furlough America West pilots, while retaining newly hired and recalled US Airways pilots.

On June 12, 2008, the Company announced plans to reduce its mainline domestic capacity by furloughing 175 America West pilots and 125 US Airways pilots. The Company plans to do so while retaining on active status hundreds of US Airways pilots who did not have jobs at the time of the merger. Retaining these pilots while furloughing premerger America West pilots breaches both express and implied duties arising under the 2004 CBA, Transition Agreement, ALPA Merger Policy and the Nicolau Award. The Company claims that it must furlough America West pilots if it is cancelling America West flights. That, however, is not true. In fact, the Transition Agreement allows the Company to assign flights that were neither scheduled nor announced as of September 23, 2005, to America West—and there are plenty to assign.

The fact that the Company expanded its US Airways active pilot roster by 239 pilots since September 23, 2005, shows that there are a substantial number of such flights. The Company, therefore, could assign some or all of these flights to America West. It refuses to do so.
If the Company were operating according to the Nicolau integrated seniority list hundreds of US Airways pilots would be subject to furlough ahead of the first premerger America West pilot. The Company would be operating according to the Nicolau integrated seniority list if the US Airways pilots and the Company had not breached express and implied contract duties that were established in the Transition Agreement.

If the US Airways pilots had honored their duties, they would have cooperated with the negotiation of a single CBA, and the Company would now have integrated pilot operations using that CBA. If the Company had honored its duties, it would have implemented the integrated seniority list after June 30, 2006, because the US Airways pilots were not cooperating with CBA negotiations
 

Scope out RJ's

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I wonder what MCDush's response to this will be? Anyone wanna place bets?
 

Dr. Rumack

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I am sure it (MCDU'S response)will reflrect the logic and wisdom one might expect from such a senior qualified aviator from the east. I, on the other hand say IT IS ABOUT FN TIME WE GET OUR DAY IN COURT!!!!!!!!!! Long live AOL!
 

Ocity

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Powerful Case. The bell tolls for thee USAPA...
 

Poahi

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disregard
 
Last edited:

f15boomer

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The request by pilots of America West asking the courts to address the out-of-seniority furloughs currently planned by the company before we suffer irreparable harm

It is 18 pages long, so these are only a few highlights. There may be a link to the district court record out there somewhere. Filed PM on September 18th, 2008.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

CASE NO. 208-CV-1633-NVW

Plaintiffs, on behalf of themselves and other premerger America West pilots, file this Application for a preliminary injunction to enjoin the Company from furloughing any premerger America West pilot before it re-furloughs all US Airways pilots who were on furlough status at the time of the merger.

Plaintiffs are entitled to this relief because their collective bargaining agreement (CBA) gives them contract seniority rights over pilots who were on furlough at the time of the merger and because inequitable conduct tips the balance of hardships strongly in their favor.

The Transition Agreement established that the members of each pilot group had contractual duties to: (1) create an integrated seniority list, if necessary, by binding arbitration; and (2) bargain in good faith to negotiate a single CBA that would apply to all Company pilots and implement this integrated seniority list.

Specifically, after the Transition Agreement modifications, the 2004 CBA required the Company to institute integrated pilot operations using the integrated seniority list when, by June 30, 2006, the pilots and Company had not agreed on a single CBA and were not actively negotiating toward such agreement. Regardless that these conditions have been present for more than two years, the Company has not fulfilled this duty.

The Award identified substantial inequities with the date-of-hire scheme proposed by the US Airways Pilots, noting in particular that it “integrated a number of furloughed US Airways Pilots with active America West Pilots.” The Award also rejected some aspects of the scheme proposed by the America West pilots. It concluded by creating an integrated seniority list that: (1) maintained relative seniority among the pilots from each side; (2) placed the 500 most senior US Airways pilots ahead of all America West pilots; (3) placed about 1,750 US Airways Pilots, who were on furlough status at the time of the merger, at the bottom of the list; and (4) filled the middle of the list with a proportionate blend of the America West pilots and the remaining US Airways pilots. On December 20, 2007, the Company accept this integrated seniority list.

According to ALPA Merger Policy § 45.H.5.b, “The Award of the Arbitration Board shall be final and binding on all parties to the arbitration.” Regardless, the US Airways Pilots refused to cooperate with implementation of the Award and refused to negotiate a single CBA. Moreover, they formed a new union, USAPA, in a transparent effort to avoid commitments to support the Nicolau Award that they saw as linked to their ALPA membership. The more numerous US Airways pilots had enough votes by themselves to get USAPA certified as the bargaining agent for all Company pilots. This occurred on April 18, 2008.

Under the terms of separate operations (as set out in the Transition Agreement), the Company was allowed to recall all of the US Airways pilots on furlough status at the time of the merger in preference to hiring new America West pilots. It was also allowed to hire 90 new US Airways pilots while hiring only 20 new America West pilots (six of whom are former US Airways pilots who are probably transferring back to US Airways). As a result, since May 2005 the number of active US Airways pilots increased by 239 while the number of active America West pilots decreased by 118. Now, the Company wants to furlough America West pilots, while retaining newly hired and recalled US Airways pilots.

On June 12, 2008, the Company announced plans to reduce its mainline domestic capacity by furloughing 175 America West pilots and 125 US Airways pilots. The Company plans to do so while retaining on active status hundreds of US Airways pilots who did not have jobs at the time of the merger. Retaining these pilots while furloughing premerger America West pilots breaches both express and implied duties arising under the 2004 CBA, Transition Agreement, ALPA Merger Policy and the Nicolau Award. The Company claims that it must furlough America West pilots if it is cancelling America West flights. That, however, is not true. In fact, the Transition Agreement allows the Company to assign flights that were neither scheduled nor announced as of September 23, 2005, to America West—and there are plenty to assign.

The fact that the Company expanded its US Airways active pilot roster by 239 pilots since September 23, 2005, shows that there are a substantial number of such flights. The Company, therefore, could assign some or all of these flights to America West. It refuses to do so.
If the Company were operating according to the Nicolau integrated seniority list hundreds of US Airways pilots would be subject to furlough ahead of the first premerger America West pilot. The Company would be operating according to the Nicolau integrated seniority list if the US Airways pilots and the Company had not breached express and implied contract duties that were established in the Transition Agreement.

If the US Airways pilots had honored their duties, they would have cooperated with the negotiation of a single CBA, and the Company would now have integrated pilot operations using that CBA. If the Company had honored its duties, it would have implemented the integrated seniority list after June 30, 2006, because the US Airways pilots were not cooperating with CBA negotiations


When are you babies going to understand that we are no longer in ALPA and that they can't help you any more.
 

steveg

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Right after the usair pilots realize what "BINDING" means.
 

Ocity

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When are you babies going to understand that we are no longer in ALPA and that they can't help you any more.
Sleep well O' Naive one. Nobody is asking ALPA for a thing. Dream on and on and on.....daddy Bradford will take care of everything.
 

waveflyer

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I'll echo the about time sentiment.
the court process needs to quicken up. every day is a loss for all pilots everywhere- whatever, however, this needs resolution.
by the way- can you post where i can send $$ to fund the AWA side lawyers?
 

johnnyb

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If the US Airways pilots had honored their duties, they would have cooperated with the negotiation of a single CBA, and the Company would now have integrated pilot operations using that CBA

Yet Atlas/ Polar (both ALPA) merged in 2001 with a joint CBA and merged list targeted for 2009 would seem to contradict this time line AOL has drawn from ....... where?
And I won't even charge you $1000.
 
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How about just canceling the god damn furloughs since fuel has gone back down?
 

MK82Man

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Eagle Boomer

"When are you babies going to understand that we are no longer in ALPA and that they can't help you any more."

Don't know any babies flying jets out West. We are all grown men and women who just want what East and West agreed too. We aren't asking ALPA for help, we have turned to the courts since we believe USAPA represents East interests. The court will decide the dispute since grown men/women would not stand by their word, IE Binding Arbitration.
 

Turtle21

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.. We are all grown men and women who just want what East and West agreed too. ..grown men/women would not stand by their word
If ALPA "stood by their word" and actually ensured a seniority integration method that conformed to the language and terms of the policy, then the merger would be old news. ALPA chose to deny their own policy and effectively take the position that the policy was a fraud. Buh Bye ALPA.

We are where we are because ALPA "unionism" was by definition a fraudulent apparition. There was no unity, and worse ALPA ensured the most virulent disunity, among "members", that anyone could ever imagine. Buh Bye ALPA.


The other day I saw a Corvette being advertised for $5.99. I imagine some bozo meant to print $59,9. If I spent the rest of my life trying to cash in on the $5.99 Corvette I would be one miserable shlep. But maybe if I got a lawyer and a judge it would make me feel good that "someone is gonna have to live up to what they agreed to."

Cheers
 

Poahi

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"When are you babies going to understand that we are no longer in ALPA and that they can't help you any more."
Then I guess the next obvious question is how are you going to lead the pilot group going forward? Is every issue going to be litigated since either side doesn't represent the other? You can't get a divorce so what are you going to do?
 

Captzaahlie

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How about just canceling the god damn furloughs since fuel has gone back down?

I SECOND THAT!

HEY DOUG ARE YOU PAYING ATTENTION OUT THERE?
 

Bringupthebird

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The other day I saw a Corvette being advertised for $5.99. I imagine some bozo meant to print $59,9. If I spent the rest of my life trying to cash in on the $5.99 Corvette I would be one miserable shlep. But maybe if I got a lawyer and a judge it would make me feel good that "someone is gonna have to live up to what they agreed to."
Suppose you were forced to buy it even though you know it was made out of paper mache' and they also forced you to sign a service agreement that cost you thousands more than the car was worth, even if it was a real Corvette. Then you know how the west feels about USAPA.
 
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