US Airways sues pilots union, claims work slowdown
Airline's suit blames pilots for delays of East Coast flights and baggage arrivals amid an ongoing labor struggle that began with America West merger.
By Ely Portillo
elyportillo@charlotteobserver.com
Posted: Saturday, Jul. 30, 2011
US Airways pilots line up at Charlotte/Douglas International Airport before launching their picket against airline leaders, whom they say are stalling contract talks. Davie Hinshaw - dhinshaw@charlotteobserver.com
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US Airways is suing its pilot union, claiming that the pilots are engaging in a campaign to slow down work and cause flight delays.
In the lawsuit, Tempe, Ariz.-based US Airways claims that operations at Charlotte/Douglas International Airport, which is the airline's busiest hub, have been "dramatically impacted" with an increase in delays and passengers' baggage not reaching connecting flights.
"This is not a step we take lightly, but we simply can no longer allow the labor union's illegal and misguided actions to harm US Airways, our employees and our customers," US Airways CEO Doug Parker said in an email to employees.
Two union officials could not be reached by phone late Friday.
The two sides have been locked in a bitter labor dispute for more than six years, unable to reach a new contract following a 2005 merger with America West.
Pilots claim the company is trying to keep them locked in bankruptcy-era wages that reflect deep cuts made to keep the airline afloat. The airline insists that giving the pilots their terms would shatter the company's fragile financial health.
In the lawsuit, US Airways called the US Airline Pilots Association's actions "an ongoing unlawful pilot slowdown campaign."
Steve Johnson, a US Airways executive vice president for legal affairs, said that the company hopes for an expedited ruling from the federal court in Charlotte.
US Airways is seeking an injunction directing the union to tell pilots not to engage in any slowdown activity. That would allow the airline's operations to quickly return to normal, Johnson said.
This is not the first time a major airline has sued its pilot union.
In 1999, American Airlines won a $45 million decision against the Allied Pilots Association after an 11-day "sickout" led to the cancellation of nearly 6,700 flights.
Charlotte-based USAPA recently filed a federal suit, claiming the airline has intentionally slowed contract talks. Last week, it took out a full-page ad in USA Today, claiming the airline is trying to force pilots to fly unsafe planes.
East vs. west seniority
After the merger with America West, the two pilots' groups were unable to agree on seniority, which determines which routes pilots fly, how much money they make and other important factors.
That dispute between the pilots' groups led the union at the time to fracture, with USAPA emerging as a new union supported primarily by the old U.S. Airways pilots' group.
Those pilots made up about two-thirds of the new US Airways pilots. The union has been engaged in a contentious internal struggle, pitting the old US Airways pilots, known as the "east" group, against the old America West pilots, known as the "west" group, over seniority.
US Airways is currently negotiating with the pilots under guidance from the federal National Mediation Board and meeting for about one week each month.
In its lawsuit, US Airways claims that it is primarily the old "east" pilots causing the work slowdown. US Airways "east" pilots are based primarily in Charlotte and Philadelphia while the "west" pilots are based primarily in Phoenix.
The groups still fly entirely separately with no mixed east-west crews.
US Airways operates some 630 daily flights from Charlotte/Douglas International, about 90 percent of the airport's total.
On-time and baggage stats
US Airways says USAPA has been encouraging its pilots to delay flights through tactics such as not completing necessary training, saying they can't fly due to fatigue and requesting more airplane maintenance.
In the lawsuit US Airways says the percentage of flights flown by "east" pilots arriving on-time has declined 11 percent since May, after controlling for weather and other factors. The airline says that is statistically significant and not attributable to random chance.
The percentage of passengers' bags in Charlotte that do not make it on to connecting flights has increased 45 percent since May 1, the airline says. At the same time, the percentage of bags missing connecting flights in Phoenix - where "west" pilots fly the majority of flights - has been unchanged.
US Airways also claims in the lawsuit that USAPA sought to intimidate pilots who didn't participate in the alleged slowdown campaign. The union, US Airways claims, instructed pilots not to answer calls from the scheduling department.
Any pilot answering the calls would be nominated for "the (US Airways CEO) Doug Parker Golden Bonus Award," which would be "given in recognition of any pilot who goes above and beyond the call of duty to make sure Doug Parker and his management team continue to 'earn' their hefty bonuses."
Charlotte Airport Aviation Director Jerry Orr called the pilots' alleged actions an "inconvenience" for the airline and said he doesn't think passengers have been affected.
But airline consultant Bob Mann, based in Port Washington, N.Y., said the conflict could hurt revenues.
"The company had to do something because customers are held hostage," Mann said. "You can't hold customers hostage and then expect them to prefer your airline."
In its second quarter earnings report released last week, US Airways profits fell to $92 million, compared to $270 million in the same quarter last year. Revenues rose 11 percent to $3.5 billion, but higher fuel costs added $424 million to the airline's quarterly expenses. The airline industry is facing increased pressure on their profit margins due to the dramatically higher fuel prices compared to a year ago. Staff writer Fred Kelly and Researcher Maria David contributed.
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