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By Bill Goldston |
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June 7, 2010 - The
Ninth U.S. Circuit Court of Appeals has reversed the decision of a lower
federal court that had found the US Airline Pilots Association (USAPA)
liable in a Duty of Fair Representation lawsuit. This decision allows
USAPA, which represents all US Airways pilots, to freely bargain for the
terms of its seniority integration.
“We are extremely
gratified by a resolution of this case, and we now look forward to our
pilot group coming together to work towards an improved,
industry-standard contract for all US Airways pilots.”
The U.S. District
Court in |
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In September 2008,
a group of six former America West pilots brought suit against USAPA
claiming that USAPA’s failure to implement the Nicolau award violated
its duty of fair representation. The lawsuit, Addington v. US Airline
Pilots Association, was accompanied by another lawsuit brought in state
court that has since been dismissed.
In today’s ruling,
a panel of the Ninth Circuit held by a majority that the Addington
lawsuit was not legally ripe and therefore that the lower court lacked
jurisdiction. The majority decision stated that, “… the conclusion that
Plaintiffs’ claim is not ripe is consistent with our DFR decisions,
which have found DFR violations based on contract negotiation only after
a contract has been agreed upon.”
USAPA President
Mike Cleary stated, “We are extremely gratified by a resolution of this
case, and we now look forward to our pilot group coming together to work
towards an improved, industry-standard contract for all US Airways
pilots.”
As a result of
today’s ruling, U.S. District Judge Neil Wake is ordered to dismiss the
action against USAPA. This also means that the injunction and remaining
damages phase of the case are now moot and USAPA can begin the
collective bargaining process on behalf of all US Airways pilots.
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