Katz & Ranzman, P.C. KATZ & RANZMAN
5028 Wisconsin Avenue, N.W., Suite 250 A t t o r n e y s a t L a w
Washington, D.C. 20016
Tel: (202) 659-4656
Fax: (202) 237-2487
Daniel M. Katz
(202) 659-1799
danielmkatz@comcast.net
May 3, 2007
VIA E-MAIL
Captain Philip Carey
Captain Robert Kirch
First Officer Kevin Barry
Re: US Airways-America West Seniority Integration Award
Dear Phil, Bob and Kevin:
As we discussed in our conference call this afternoon, I have enclosed the Award
I received today from George Nicolau. The combined list is composed of a series of
ratios, based on the number of positions each pilot group had in various categories as of
1/1/07. The combined list is built from the separate 1/1/07 seniority lists.
All US pilots on furlough as of 5/19/05 are junior to Dave Odell. Monda is
immediately senior to Odell. Dean Colello is immediately junior to Odell and is followed
by the 1,750 US pilots whose names appear below him on the 1/1/07 US seniority list.
The top 517 names are all US Airways pilots. This group includes 423 active
pilots plus 94 non-flying pilots (MGT, MED and LOA). The number 423 is derived from
the sum of the A330 and B767-I Captain and First Officer positions. The senior America
West pilot, Capt. McNerlin (SCAB), appears on the combined list immediately senior to US pilot
D.S. Lesh, DOH: 4/22/81.
The next group comprises the next most senior 167 US pilots and the top 90 AW
pilots who were flying on 1/1/07. These positions correspond to the B757 Captain jobs
as of 1/1/07. Forty-eight pilots in non-flying status (MGT, MED and LOA) are reinserted
into this group, as with the top group.
The next category corresponds to A320 and B737 Captains and consists of 873
US and 767 AW active pilots, plus 255 extracted and reinserted non-flying pilots.
Following these pilots, there are 176 US and 87 AW active pilots, corresponding to the
B757 First Officers, plus 56 extracted and reinserted non-fliers. The remaining pilots
through Monda and Odell were ratioed 840 to 718, based on the number of A320 and
B737 First Officers at the respective carriers on 1/1/07, with 224 non-fliers reinserted
after the application of the ratios to those who were active on 1/1/07.
The Award includes some Conditions and Restrictions. In addition to the
standard no-bump/no-flush provision and other stipulated Conditions and Restrictions,
Arbitrator Nicolau imposed two others of his own devising. The first is designed to
protect the access of the US pilots to the wide body, international flying they brought to
the merged carrier. It reserves 161 Captain and 262 First Officer positions on the A330
and B767 “for the top tier pre-merger US Airways pilots for a period of four years from
the date of this Award.” The condition “ceases to exist,” however, if the Age 60 rule is
changed to an Age 65 rule prior to May 1, 2011. Another condition deals with “new” and
“replacement” aircraft and gives the “replacement” positions on wide body, international
aircraft to the US pilots (up to the specified quotas) and allocates “new” jobs 2:1 on wide
bodies and 1:1 on narrow-bodies. The Award also continues the Conditions and
Restrictions of the Kagel Award (including those from the Piedmont-Empire seniority
integration), as well as the Eischen Award, which allocates EMB-190 positions.
Jim Brucia wrote a concurring and dissenting opinion, which accompanies
Arbitrator Nicolau’s Opinion and Award. Captain Brucia disagreed with the placement
of the US Airways pilots who were on furlough at the date of the announcement of the
merger. He said that most have been offered recall because of the enormous attrition at
US and that their extensive service prior to being furloughed justifies placing them higher
on the merged list.
A couple of points occur to me that may be worth mentioning. I’m sure these
observations won’t soften the devastating blow of losing the hard-fought battle with
respect to the pilots on furlough on the date of the announcement of the merger. But they
should be said now anyhow.
First, the top 517 pilots on the US list constitute a substantial number – 18% of
the pilots on the US list through Monda as of 1/1/07. The number is smaller than the
number who would occupy the top of the list on a date-of-hire list, as we proposed, but
the career choices available to these pilots will prove significant to them. Their
placement at the top of the list also improves the standing of those junior to them.
Secondly, the Arbitration Board’s use of 1/1/07 lists has allowed the junior US
pilots to benefit for seniority integration purposes from the attrition that occurred between
5/19/05 and 1/1/07 – more than 300 “attrits.” In addition, although the other side argued
that the Age 60 Rule was gone, the Board constructed the merged list on the assumption
that it would remain in effect. Also, the AW representatives argued for assumptions that
America West would have grown absent the merger and that US Airways would have
contracted further, but the Board rejected those arguments in favor of a static fleet
assumption. We could have done worse. The other side asked the Panel to put Monda
and more than 750 other active US pilots junior to Odell. They lost on that issue.
The Conditions and Restrictions may provide some protection. For example,
condition number 5 covers the positions on “new” aircraft, such as a B777 flying to
China, which are to be allocated 2:1 in favor of the US pilots.
Finally, please accept my thanks for the opportunity to work with you on this
project. I appreciate the hard work, determination and cooperative spirit you displayed
throughout the long and exhausting process.
Very truly yours,
/s/ Daniel M. Katz
Daniel M. Katz