Well, since you asked for it. Please feel free to print and distribute amongst your fellow crewmembers!
AMERICA WEST PILOTS REQUEST YOUR
ASSISTANCE
In May of 2005, America West announced its intent to acquire US Airways, which was in
its second bankruptcy in only two years. The pilots from both airlines were represented
by the Air Line Pilots Association (ALPA). Both pilot groups mutually agreed to have their
seniority integrated via binding arbitration in accordance with ALPA’s Merger Policy.
The US Airways pilots’ stance was primarily a date of hire list, while the America West pilots’
stance was more of a “relative seniority†list. Following many weeks of hearings,
thousands of pages of transcripts, and hundreds of exhibits, Arbitrator George Nicolau issued
the final and binding integrated seniority list in May of 2007.
The pre-merger US Airways pilots were infuriated by the outcome, primarily because
their leadership had told them to expect a “date-of-hire†list, which would have placed
over 80% of the America West pilots at the bottom of the seniority list. It must be noted
that America West (which was not in bankruptcy, nor facing liquidation), was only
twenty-three years old at the time of the merger, while at US Airways, a date-of-hire
over eighteen years prior was required to hold any pilot job at all.
As a means to avoid the results of the agreed to arbitration, the pre-merger US Airways
pilots formed the US Airline Pilots Association (USAPA) which replaced ALPA as the bargaining
agent for both groups. USAPA's primary mission is to attempt to disregard the
arbitrator’s decision and impose a ‘date-of-hire’ seniority integration on the America
West pilots.
You may be asking, “why do I care what is happening to the America West pilots?†No
matter what your feelings are about the seniority issue, the fact of the matter is that a
legal process was followed and agreed to by all parties. The larger group did not like the
outcome and decided they were going to do anything to get what they felt entitled to.
Many disputes are handled through binding arbitration and all parties accept the risk of
not getting what they feel they deserve. If the America West Pilots lose this battle, it will
likely affect every merger and arbitration, both in the past, and in future at any airline in
the United States.
The America West pilots have formed an organization, Leonidas LLC, to help protect the
legal rights of all former America West pilots. Under the guidance of Marty Harper of the
law firm Shughart, Thomsom & Kilroy based in Phoenix, AZ, we have filed several lawsuits
against USAPA and US Airways to protect our legal rights under our contract and
the agreed to (by arbitration) seniority list. These lawsuits come with a high cost for our
vastly outnumbered pilot group. This matter is of vital importance to all crewmembers
of every airline in the US. Your support will help insure that the rights of all workers
(and not just those of the larger group) are upheld in this, and in all airline mergers.
To make a contribution, please visit:
www.cactuspilot.org/Colleague_Contributions
Join the fight to help protect our (and your) careers, families, and legal rights from being
destroyed by a “union†who is not interested in protecting the rights of the minority within.
For more information about Leonidas LLC, please go to www.cactuspilot.com
