http://ia700806.us.archive.org/25/it...181455.1.0.pdf
A few excerpts from the case.
McCaskill-Bond recognizes arbitration as one method to integrate seniority lists, but, consistent with traditional policy in airline mergers, also recognizes the availability of alternative methods. Such alternative methods include a negotiated outcome.
54.
The Process Agreement provided, in pertinent part, that the parties "desire to utilize an alternative process for creation of an Integrated Master Seniority List" and
also wish to provide for the orderly combination of Southwest Pilots and AirTran pilots under a single Collective
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Bargaining Agreement ("CBA") and
representation by a single collective
bargaining representative within a single
transportation system under the Railway
Labor Act.
55.
The Process Agreement, by its terms, recognized the authority of the Merger Committees of both unions (SWAPA and ALPA) to "reach agreement" and to "reach a complete agreement regarding the integration of their respective seniority lists," and provided that Southwest would accept such agreement.
56.
The Process Agreement further provided that "SWAPA and ALPA agree to submit the complete agreement to their respective memberships for ratification" and that "Both the SWAPA and ALPA ratification votes will close on the same date and time, and the results will be announced simultaneously."...
61.
Two months later, on July 12, 2011, Southwest presented a sweeping seniority integration and transition plan to the two Merger Committees....
68. In the meantime, the ALPA Merger Committee reached unanimity in support of the seniority integration package, announcing on July 16, 2011 that an agreement in principle had been reached with Southwest and the Southwest pilots' union as to seniority integration and a transition agreement.
69. That same day, the Merger Committee sent an e-mail communique to all AirTran pilots, stating, uThe Merger Committee believes that this is a fair agreement that provides career protection for AirTran pilots, as well as significant economic gains."
70. Among the economic gains recognized by the Merger Committee members were enormous pay increases, averaging about $72,000 per year for captains and about $48,000 per year for first officers, with such pay increases to begin by April 2012. For some pilots, their pay would be nearly doubled.
71. Other advantageous features of the seniority
integration agreement and transition agreement were: 16
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•
Substantial furlough protection, such that one Southwest pilot would be furloughed for each AirTran pilot furloughed, despite the fact that there were a large number of AirTran first officers at the bottom of the proposed merged seniority list;
•
The Atlanta base would be protected for another
nine years, permitting AirTran pilots the stability of remaining at their base and, thus, not disrupting their families' lives;
•
AirTran captains would be afforded priority as to all captain vacancies at the Atlanta base until September 2020;
•
The Atlanta base would be staffed in larger numbers than more typical Southwest domiciles;
•
A large number (851) of AirTran capatain seats would be protected;
•
AirTran pilots would be protected against being displaced for positions by more senior Southwest pilots.
ALPA Counsel Champions Full Ratification Vote
72.
At about the same time, the MEC was advised by ALPA counsel that pilots should have the opportunity to ratify the seniority integration package, and that disallowing such a ratification vote might result in just such a litigation as this....
COUNT I
BREACH OF THE DUTY OF FAIR REPRESENTATION
[Against AIR LINE PILOTS ASSOCIATION, INTERNATIONAL and LEE MOAK
as President of Air Line Pilots Association, International]
Damages Sought: At least $200,000 For Each Pilot
105.
Plaintiffs repeat and reallege each and every allegation set forth in paragraphs "1" through "104" hereof, with like force and effect as though set forth at length herein.
106.
By withholding information about the terms, conditions, and exceptional advantages of the first seniority integration package, ALPA sought to circumvent pilot enthusiasm about the plan.
107.
In so doing, ALPA set out to prevent a groundswell of support by line pilots at AirTran from forcing the union to send the plan out to pilot ratification.
108.
ALPA thus denied pilots the opportunity to vote to ratify a package that would have tremendously affected their careers and their livelihoods, without so much as an explanation to the pilots.
109.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by bad faith.
110.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by arbitrariness.
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111. By virtue of the foregoing, each plaintiff (and, for
that matter, each AirTran pilot) has been damaged in a sum to be
determined at trial but in no event less than Two Hundred
Thousand ($200,000.00) Dollars each.
COUNT II
BREACH OF THE DUTY OF FAIR REPRESENTATION
[Against AIR LINE PILOTS ASSOCIATION, INTERNATIONAL and LEE MOAX
as President of Air Line Pilots Association, International]
Damages Sought: At least $200,000 For Each pilot
112.
Plaintiffs repeat and reallege each and every allegation set forth in paragraphs "1" through "111" hereof, with like force and effect as though set forth at length herein.
113.
The ALPA MEC signed off on an agreement by which both the Southwest Airlines Pilots Association and ALPA "agree to submit the complete agreement to their respective memberships for ratification."
114.
Despite that agreement, and the concomitant assurance to the AirTran pilots that such a ratification vote was forthcoming, ALPA deprived the pilots of the opportunity to ratify the seniority integration package.
115.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by bad faith.
116.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by arbitrariness.
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117. By virtue of the foregoing, each plaintiff (and, for
that matter, each AirTran pilot) has been damaged in a sum to be
determined at trial but in no event less than Two Hundred
Thousand ($200,000.00) Dollars each.
COUNT III
BREACH OF THE DUTY OF FAIR REPRESENTATION
[Against AIR LINE PILOTS ASSOCIATION, INTERNATIONAL and LEE MOAK
as President of Air Line pilots Association, International]
Damages Sought: At least $200,000 For Each pilot
118.
Plaintiffs repeat and reallege each and every allegation set forth in paragraphs "In through "117 n hereof, with like force and effect as though set forth at length herein.
119.
The ALPA MEC withheld information from the AirTran pilots as to the terms of the seniority integration package.
120.
The ALPA MEC also withheld information from the AirTran pilots as to an array of comments that were made by Southwest's chief executive officer and other top officials of Southwest.
121.
In so doing, the ALPA MEC kept AirTran pilots from fully understanding the risks association with rejection of the seniority integration package.
122.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by bad faith.
123. In acting as it did, ALPA breached its duty of fair
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representation to its members by acting in a manner that was characterized by arbitrariness.
124. By virtue of the foregoing, each plaintiff (and. for
that matter, each AirTran pilot) has been damaged in a sum to be
determined at trial but in no event less than Two Hundred
Thousand ($200,000.00) Dollars each.
COUNT IV
BREACH OF THE DUTY OF FAIR REPRESENTATION
[Against AIR LINE PILOTS ASSOCIATION, INTERNATIONAL and LEE MOAK
as President of Air Line Pilots Association, International]
Damages Sought: At least $200,000 For Each Pilot
125.
Plaintiffs repeat and reallege each and every allegation set forth in paragraphs "1" through "124" hereof, with like force and effect as though set forth at length herein.
126.
ALPA representatives withheld information to pilots and, worse yet, misrepresented to AirTran pilots the force and effect of comments made by Southwest executives during the July 14, 2011 meeting.
127.
ALPA thus lulled the AirTran pilots into a false sense of security that they were at little risk in the event the seniority integration package was not approved.
128.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by bad faith.
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129.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by arbitrariness.
130. By virtue of the foregoing, each plaintiff (and, for
that matter, each AirTran pilot) has been damaged in a sum to be
determined at trial but in no event less than Two Hundred
Thousand ($200,000.00) Dollars each.
COUNT V
BREACH OF THE DUTY OF FAIR REPRESENTATION
[Against AIR LINE PILOTS ASSOCIATION, INTERNATIONAL and LEE MOAK
as President of Air Line Pilots Association, International]
Damages Sought: At least $200,000 For Each Pilot
131.
Plaintiffs repeat and reallege each and every allegation set forth in paragraphs "1" through "130" hereof, with like force and effect as though set forth at length herein.
132.
Upon information and belief, ALPA deployed Todd Ortscheid, an Executive Vice President of the union, as a stalking horse to dissuade the MEC from putting out the seniority integration package for pilot ratification.
133.
Upon information and belief, ALPA deployed Todd Ortscheid, an Executive Vice President of the union, as a stalking horse to dissuade the ALPA MEC and/or AirTran pilots from recognizing that the seniority integration package would have been a highly favorable outcome for the AirTran pilots.
134.
In so doing, ALPA sought, falsely, to credit arbitration as an effective manner in which to protect the
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seniority rights of pilots employed by a financially ailing
airline and one which employed far fewer pilots than Southwest.
135.
In so doing, ALPA sought, falsely, to make it sound as though an arbitrator would view a date-of-hire approach as a fait accompli, when, in fact, the recent history of seniority integration arbitration proceedings is riddled with cases in which date-of-hire has been largely or entirely disregarded.
136.
In acting as it did, ALPA breached its duty of fair representation to its members by acting in a manner that was characterized by bad faith.