Former TWA Pilots win suit against ALPA

[upsilon]

A jury has found ALPA guilty of failing in its "duty of fair representation" (DFR) when TWA was "merged" with AA.

http://blogs.star-telegram.com/sky_talk/2011/07/former-twa-pilots-prevail-in-lawsuit-against-alpa.html

Comment on several pilot forums indicates that after the jury determines damages, an ALPA appeal will require a substantial bond be posted.

Estimates of the potential total damages vary, but it is reported to involve 2700 former TWA pilots and loss of earnings for over ten years.

 

[strikeforce]

A jury has found ALPA guilty of failing in its "duty of fair representation" (DFR) when TWA was "merged" with AA.

http://blogs.star-telegram.com/sky_talk/2011/07/former-twa-pilots-prevail-in-lawsuit-against-alpa.html

Comment on several pilot forums indicates that after the jury determines damages, an ALPA appeal will require a substantial bond be posted.

Estimates of the potential total damages vary, but it is reported to involve 2700 former TWA pilots and loss of earnings for over ten years.

it's about time airline unions are held accountable for their "inaction". Too bad existing members of ALPA will probably see their dues go up substantially to cover the damages.

 

[damajagua]

it's about time airline unions are held accountable for their "inaction". Too bad existing members of ALPA will probably see their dues go up substantially to cover the damages.

This makes no sense. Had ALPA done what APFA did they would not be
in this mess.

 

[IORFA]

This makes no sense. Had ALPA done what APFA did they would not be
in this mess.

HUH? ALPA did to the pilots, what the IAM did to the F/A's. Only difference is that the pilots sued the correct union and the F/A's sued the wrong union.

 

[eolesen]

Maybe it is time for ALPA to declare bankruptcy... Seriously, assuming it is upheld on appeal, I really can't see a situation where pilots at just about every other airline *except* AA wind up paying future assessments over something done ten years ago. Maybe even a few decertification votes in favor of in-house unions like SWAPA and APA??...

 

[telebender1956]

The only thing a jury verdict like that does is make the former TWA pilots feel good. It is very unlikely they will ever see any money due to Appeals or other options by the Union. AA pilots APA eliminated their 45 million dollar fine [result of their "so called" sick-out] in contract negoiations by using it as a bargaining chip.

 

[eolesen]

True, but at least in the APA example it was a union on the property where the action took place... ALPA isn't on the property unless you consider Eagle... To add insult to injury, a fair number of the current ALPA membership (Continental, Airtran, ) weren't part of the union when the DFR took place, and another fair number who were represented by ALPA at the time of the DFR have decertified in favor of other unions (US Air) or gone out of business (ATA, Aloha, Midwest) since then.

 

[strikeforce]

If anything, this case shows that these powerful labor organizations are NOT "untouchables".

Not surprising was that this case took 9 years to settle.......REALLY!!!!!!!!! How much are the lawyers getting!

 

[jimntx]

If anything, this case shows that these powerful labor organizations are NOT "untouchables".

Not surprising was that this case took 9 years to settle.......REALLY!!!!!!!!! How much are the lawyers getting!

Probably a lot more than any of the pilots will ever see.

 

[Hopeful]

Probably a lot more than any of the pilots will ever see.

How true...This might very well be treated as any class action lawsuite where the plaintiffs get pennies on the dollar.

 

[Veritas]

Estimates of the potential total damages vary, but it is reported to involve 2700 former TWA pilots and loss of earnings for over ten years.

I read elsewhere that the plaintiffs are asking for $1.2 billion in damages.

Maybe it is time for ALPA to declare bankruptcy... Seriously, assuming it is upheld on appeal, I really can't see a situation where pilots at just about every other airline *except* AA wind up paying future assessments over something done ten years ago. Maybe even a few decertification votes in favor of in-house unions like SWAPA and APA??...

ALPA has assets and plenty of insurance.

REALLY!!!!!!!!! How much are the lawyers getting!

A lot of time, effort, resources and out of pocket money were invested in this lawsuit by the lawyers.

This matter has already been heard on appeal on several pre-trial issues by the Third Circuit (BENSEL v. ALLIED PILOTS ASSOCIATION, 387 F.3d 298, where dismissal of the complaint against two of the original defendants, AMR and APA, were upheld). The Supreme Court of United States has denied certiorari (544 U.S. 1018).

The lawyers were retained on a contingency fee basis. The plaintiffs did not have to advance funds for expenses and expert witnesses. Why shouldn't the lawyers be compensated for the time and money that they had invested in this case?

 

[Boomer]

One wonders what liability the TWU could face given the unilateral decision by AMR in terminating the contractual provision regarding the Supplemental Retiree Health Insurance and the failure of the TWU to Arbitrate that decision?

 

[upsilon]

ALPA has assets and plenty of insurance.

I question both whether ALPA insurance covers DFR; and even if it does have "plenty" I'd give odds that the limits would be nowhere near the potential exposure.

As Eric Olesen says, ALPA may be headed to BK and they have no "bargaining chip" with the former TWA pilots. The reason the pilots may not "see any money" is because there may be no money left - or ALPA.

 

[nbmcg01]

HUH? ALPA did to the pilots, what the IAM did to the F/A's. Only difference is that the pilots sued the correct union and the F/A's sued the wrong union.

Wrong... ALPA was in collusion with APA. It was all about the hope that the AA pilots would join ALPA. It is ALWAYS about the dues. To this date we have no evidence the IAM and the APFA colluded. The IAM was the IAM and the APFA......

And once again another court (as well as AA mangt. and even the APFA in former testimony) used the word merger.
TWA was acquired and the assets merged.

Make no mistake, the IAM lost the representation election at UAL-CAL because of the former TWA f/as. That is a lot of lost dues.

 

[Veritas]

I question both whether ALPA insurance covers DFR; and even if it does have "plenty" I'd give odds that the limits would be nowhere near the potential exposure.

As Eric Olesen says, ALPA may be headed to BK and they have no "bargaining chip" with the former TWA pilots. The reason the pilots may not "see any money" is because there may be no money left - or ALPA.

For a union, DFR insurance is the same and as necessary as malpractice insurance is for doctors, lawyers, etc. If ALPA is not insured for DFR, which I highly doubt, it deserved to be liquidated in bankruptcy proceedings.