Latest from Holly Hegeman's PlaneBusiness:
J
udge Wake Issues Permanent Injunction Against USAPA
As if there is not enough going on this week, I could write an entire column on the permanent injunction that came down this week from U.S. District Judge Neil Wake concerning the lawsuit involving pilots from the old
America West and pilots from the old
US Airways.
Here is the pertinent legal language from the order itself:
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633
PHX-NVW in favor of the Plaintiffs and the class of all pilots employed by US Airways,
Inc., in September 2008 who were on the America West seniority list on September 20, 2005, that Defendant US Airline Pilots Association and its officers, committees, representatives, agents, and all persons in active concert and participation with them are permanently enjoined and ordered to:
A. Immediately, and in good faith, make all reasonable efforts to negotiate and
implement a single collective bargaining agreement with US Airways that will
implement the Nicolau Award seniority proposal unmodified, according to its terms;
B. Make all reasonable efforts to support and defend the seniority rights provided
by or arising from the Nicolau Award in negotiations with US Airways; and C. Not negotiate for separate collective bargaining agreements for the separate pilot groups, but rather negotiate for a single collective bargaining agreement for both pilot groups that incorporates the Nicolau Award. This injunction does not restrain USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent with the previous sentence.
Short and sweet?
US Airways West pilots win, Nicolau Award stands, and the
US Airways East pilots who started
USAPA as an attempt to skirt the Nicolau Seniority Award now find themselves with no reason for existing.
There is much more to the story, and after we're done with earnings, you can bet your favorite seniority list we are going to revisit this whole mess. But essentially, Judge Wake eviscerated the braintrust at
USAPA with his ruling.
Wonder if enough
US Airways East pilots will now come to their senses and work with the
US Airways West pilots to ensure the pilot group is a strong and credible organization -- led by members who are also strong and credible. Or is the braintrust at
USAPA going to continue to act in a manner that suggests they are basically mentally unstable -- much less credible?
As I said, more on all this, and why it is crucial the pilot group at the airline get its act together sooner rather than later, after the second quarter earnings extravaganza is over.