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LABOR & EMPLOYMENT LAW — 4/24/08

US Airways pilots leave ALPA over seniority dispute

The National Mediation Board (NMB) announced April 17 that the pilots at US Airways voted to leave the Air Line Pilots Association, Int'l (ALPA) and join a separate union, the US Airline Pilots Association (USAPA), as their collective bargaining representative. There were 5,238 eligible pilot voters. Of them, 2,723 voted for the US Airline Pilots Association and 2,254 voted for ALPA. The vote concludes a three year battle beginning when pilots from America West Airlines and the US Airways joined together as they two carriers merged. The merger touched off a bitter seniority dispute between the two pilot groups.

"I want to thank all of the pilots who fought for their union and their futures during this tough campaign," said Capt. John Prater, president of ALPA. "We were obviously hopeful that a majority of all US Airways pilots would make a different decision."

"We are not without our challenges, and we will not escape unscathed," commented Steve Bradford, Interim USAPA President. We acknowledge the open wounds that now exist among us, but I will promise this: I will do everything a President of this Association can do to set us on a path that equally represents the interests of this entire pilot group, East and West."

The pilots who fly for the new US Airways have operated under separate Master Executive Councils within the ALPA structure. A dispute among a number of US Airways pilots arose over an independent arbitrator's decision (the Nicolau award) regarding the pilots' seniority, leading to a decertification effort and the NMB election.

USAPA's constitution calls for a Date of Hire (DOH) seniority list with conditions and restrictions to protect a pilot's career expectations. Upon certification of USAPA, the Nicolau Award is rendered moot.

According to USAPA Web site, the award does not have to be fixed, changed, renegotiated, or modified as it is no longer relevant to the US Airways pilots. Negotiations will then take place within the Board of Pilot Reps (BPR) who will start with a DOH list, and then develop conditions and restrictions to protect all pilot's pre-merged career expectations, with an emphasis on protections for the West pilots.

Source: ALPA, Int'l, USAPPA

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