US Airline Pilots Association - Integrated Seniority List Controversy

Integrated Seniority List Controversy

There has been much controversy surrounding the formation of USAPA and the removal of the Air Line Pilots Association (ALPA) as the bargaining representative for US Airways pilots. This controversy is exclusively centered around the method used to integrate seniority lists from US Airways and America West Airlines after their merger, and has resulted in a division in the ranks between the previous US Airways pilots (often referred to as the East pilots) and the former America West pilots (often referred to as the West pilots).

The East and West pilots along with US Airways management signed a Transition Agreement (TA) in 2005. This tri-party agreement specifies the methods for merging the two pilot groups and the operating rules during the transition. Until a joint contract is ratified by the combined pilot group, the East and West pilots remain separate. This means that all aircraft brought to the merger by each respective pilot group can only be flown by the pre-merger pilots of each group. No cross utilization or mixing of crews and/or equipment is permitted during the transition period. ( The Transition Agreement signed by the three parties specified that ALPA Merger Policy would be used to combine the seniority lists and US Airways management agreed to accept the list as long as certain cost requirements were met. Doug Parker officially accepted the seniority list from ALPA First Vice-President Paul Rice during December 2007. Since that time, the East pilots, first as represented by ALPA and later USAPA, have tried to circumvent the seniority provisions of the TA claiming that the new union is not bound by the former bargaining agents agreements. This issue is under dispute and currently under the jurisdiction of Judge Roslyn Silver of the Arizona District Court. USAPA represented East pilots have also sought a compromise solution but this was rejected by Judge Silver as the West pilots do not have a legal entity to negotiate seniority. The former bargaining agent warned the new union that the elimination of separate ratification under ALPA merger policy with the election of USAPA would forever cement the unmodified Nicolau Award as the certified seniority list of the new US Airways.

In 2005, America West merged with US Airways. Before and after the merger, ALPA was the bargaining representative for pilots from both airlines. During merger negotiations in late 2006, representatives from the two pilot groups were unable to reach an agreement with respect to integration of seniority. The US Airways pilots' seniority proposal, written only by US Airways East pilots, was to base seniority primarily on date-of-hire, with conditions and restrictions to protect the bases and positions of the former West pilots. This would place the US Airways East pilots at the top of the ranks, while nearly 80% of the foremr America West pilots would be at the bottom of the seniority list. In compliance with ALPA Merger Policy, the America West pilots' proposal included a plan that defined a series of ratios, that would maintain relative seniority for all pilots in the new organization. The proposal would have placed many US Airways pilots with more than 17 years longevity in a position below recently hired pilots of America West, which was not acceptable to the US Airways East pilots.

In early 2007, the independent East and West merger committees selected arbitrator George Nicolau to mediate and then arbitrate the seniority integration. Two pilot neutrals were selected in accordance with ALPA merger policy. Jim Brucia, a Continental Pilot for the East and Steve Gillen, a United pilot for the West. Steve Gillen and James Brucia are now leaders of their respective merger committees as their companies merged in 2010. Unable to mediate a solution, the case preceded to arbitration. During that process, US Airways pilots defied the arbitrator's warnings that he was not going to award US Airways East pilots their goal of date of hire. The Nicolau Award was published by the panel in May 2007. Per ALPA Merger Policy the 512 top seniority positions went to the most senior US Airways pilots to protect the 19 wide-body aircraft seats they brought to the merger. The remaining active pilots were blended to represent their pre-merger seniority bidding positions. All furloughed US Airways East pilots were placed at the bottom of the list in accordance with established seniority list integration precedence. Many US Airways East pilots contended the Nicolau decision violated ALPA merger policies.. US Airways East pilots also alleged other errors in the award, including the treatment of MDA (Mid-Atlantic Division) pilots as furloughed pilots.

ALPA Merger Policy found in Section 45 of the Union Operating Manual required ALPA to remain neutral in the seniority integration process if the merger involved two ALPA represented airlines. As both the US Airways and America West pilots were represented by ALPA, no ALPA funds could be used in the process. The East and West pilot groups were required to independently hire and fund their own merger counsel. The West hired Jeff Freund to represent their effort and the East Dan Katz. Both lawyers were and remain independent of ALPA and represented each respective pilot group with complete neutrality. No evidence of fraud or manipulation has ever been brought forward. A lawsuit was filed by the East MEC in D.C. District Court following the Award's publication alleging impropriety, but the lawsuit was later dropped by USAPA as having no merit. This was confirmed by newly hired USAPA attorney Syzmanski before Judge Silver in early December 2011 when responding to her questions as to why the lawsuit was not pursued.

USAPA was organized following an emotionally charged rally at ALPA's Herndon headquarters in 2007. Before USAPA was voted in, they visited the former America West pilots in Phoenix to tell their side of the story and fulfill a legal requirement. A video of the meeting was produced by the former America West pilots. In April 2008, by a majority vote and almost exclusive East vote, USAPA replaced ALPA as the new pilots union for all the US Airways pilots. USAPA, as confirmed by numerous Federal Courts was formed for the sole purpose of circumventing the Nicolau Award.

The former America West pilots vehemently objected to the formation of USAPA and overwhelmingly funded a legal effort operating under the name Leonidas LCC to preserve their legal rights. Leonidas, LLC. Recently, Federal Judge Roslyn Silver assigned class designation to the West pilots in the ongoing Declaratory Action case. Leonidas LCC remains the funded legal entity representing the West pilots before the court.