Receives Decision in Duty of Fair Representation Trial

A jury in a Phoenix, Ariz., federal court has found the US Airline Pilots Association (USAPA) liable in a Duty of Fair Representation lawsuit. The suit was brought against USAPA, which represents all US Airways pilots, by six former America West pilots. America West and US Airways merged in 2005, but the pilot groups have operationally remained separate.

“Today’s decision, while disappointing, was not unexpected,” said Mike Cleary, president of USAPA. “Since we were required to argue our case with limited evidence and were hamstrung by questionable rulings and incorrect instructions, USAPA, quite literally, fought this battle with both hands tied behind its back. Given the circumstances, we have a hard time accepting the idea that we encountered truly unbiased impartiality. Although this is a setback, we are very confident that the errors of law we encountered in this venue will be corrected.”

USAPA intends to appeal the case to the 9th Circuit Court of Appeals and, if necessary, the United States Supreme Court.

“While USAPA would have, of course, preferred to prevail in the current setting, thereby allowing the pilot group to come together and work towards an improved contract, we fully expected and planned for this contingency,” said Cleary. “Again, given the facts of law, we are very confident of our ability to prevail eventually, in proving the absolute right of a union to bargain over the complete terms of its members’ working agreement. Having so planned, our legal team is already working on an expedited appeal and stay of any proposed injunctive relief.”

USAPA represents more than 5,000 US Airways pilots in seven domiciles across the United States.

FMI: www.usairlinepilots.org