On February 8th, the pilots of US Airways voted in favor of the Memorandum of Understanding (MOU) negotiated by USAPA, US Airways, the APA and American Airlines. The MOU places all US Airways pilots under a single contract; there is no legitimate union purpose to use any other seniority scheme than the Nicolau Award. West pilots expect, and will require, the company and USAPA to honor the final and binding arbitration that resulted in the Nicolau Award.


“We conclude that this case presents contingencies that could prevent effectuation of USAPA’s proposal and the accompanying injury......Not until the airline responds to the proposal, the parties complete negotiations, and the membership ratifies the CBA will the West Pilots actually be affected by USAPA’s seniority proposal....” [Ninth Circuit Court of Appeals, pg. 9]


“Although we do not hold that a DFR claim based on a union’s promotion of a policy is never ripe until that policy is effectuated......” [Ninth Circuit Court of Appeals, pg. 12]


Negotiations addressing the contingencies that can affect seniority are complete. Retrospective pay began February 8th, and the rest of the MOU provisions will be imposed on all parties as we work toward a JCBA with APA.


The MOU was written to be neutral on the Nicolau Award. The process leading to the Nicolau Award was dictated by a separate section of the prior Bankruptcy Court-ordered Transition Agreement and was not subject to independent ratification apart from the other 29 sections of a new contract. Ratification of an entirely new contract, replacing both existing East and West contracts, took place in the form of the MOU passage.


The ratification vote of the MOU eviscerates USAPA’s primary argument for a Legitimate Union Purpose, as USAPA has always maintained that the Nicolau Award itself created an impasse to obtaining a joint contract:


“In effect, USAPA claims that the East Pilots hold such strong objections to the Nicolau Award that they always will vote as a bloc against any new CBA with it, enjoying the self-denial of a single CBA with improved wages and working conditions into perpetuity. Even if this unbelievable story is believed, it only means that the East Pilots have the power of self-inflicted harm. It does not mean that the union’s duty of fair representation falls victim to self-hostagetaking.


Whether considered as a matter of fact or law, the asserted impasse does not absolve USAPA from liability.” [Judge Wake, Doc. 593 pg. 29]


For years, our position has been that the "impasse" referred to by USAPA was one of its own making. Judge Wake agreed with us and referred to it in his "Statement of Facts" (doc 593) as "self-hostagetaking" and calling USAPA's claim that the East would vote "against any new CBA..... with improved wages and working conditions into perpetuity" an "unbelievable story".


The MOU vote has proven us (and Judge Wake) right: Given enough money there never was an impasse. However, pretending there was an impasse gave both USAPA and US Airways what they wanted. USAPA kept separate operations and avoided the Nicolau and management used the whipsaw to keep our wages the lowest in the industry (even lower with every hour of flying management could transfer East)!


On Monday, February 18, 2013, the attorneys for the West Pilots took the first step, post-merger announcement, by placing all parties on notice that we are prepared to take appropriate legal action to protect our right to the Nicolau Award. You may read the letter here.


Much damage has been done to US Airways pilots through USAPA’s refusal to negotiate a JCBA with improved pay and benefits prior to a merger with American Airlines. So much so that East pilots will enjoy breathtaking raises and benefit improvements by overwhelmingly ratifying the contract of a bankrupt carrier after it failed to achieve anything (except delay) while “representing” pilots at one of the industry's most profitable airlines over the last five years.


A unified front is required to secure the best possible future for US Airways pilots at the New American Airlines, but the West pilots will not forfeit our seniority rights to create that facade. Instead, we will require USAPA, US Airways, the APA and the New American Airlines to honor the clear-cut obligations to which they succeeded, (or will succeed). This means nothing less than the implementation of the Nicolau Award as the single list for the US Airways side of the AA/US integration equation. Nothing less will suffice.


Sincerely,


Leonidas, LLC