Thu, Jun 02, 2011
Allege Violation Of Legal Obligation To Bargain In Good
Faith
The pilots of US Airways, represented by the US Airline Pilots
Association (USAPA), have filed a complaint against defendant US
Airways in the U.S. District Court Southern District of New York
alleging that US Airways has violated its duty to maintain the
status quo during contract negotiations as required by the Railway
Labor Act (RLA).
In its complaint, USAPA alleges:
- US Airways has unilaterally altered the parties' collective
bargaining agreements by intentionally frustrating and abrogating
the contractual grievance and arbitration procedures outlined in
the collective bargaining agreements.
- US Airways has deliberately delayed the scheduling of disputes
as required under the Railway Labor Act. It has failed to prosecute
disciplinary and contractual grievances in a timely fashion and
refused to complete arbitration hearings within the allotted,
agreed upon time. Its actions have created a backlog of more than
500 unresolved grievances. Lastly, US Airways has refused to follow
well-established and agreed upon procedures and practices regarding
the settlement of disciplinary and contractual disputes.
- US Airways has violated its obligations under the RLA to
maintain the status quo with respect to terms and conditions of
employment for those US Airways employees represented by
USAPA.
- US Airways has also violated the RLA by intentionally failing
to "exert every reasonable effort" to reach a settlement with USAPA
regarding an integrated collective bargaining agreement. USAPA
believes the defendant has bargained in bad faith in violation of
the RLA by engaging in surface bargaining and employing evasive and
dilatory tactics with respect to the ongoing major dispute.
- US Airways has demonstrated a clear intention not to reach an
agreement with USAPA regarding an integrated collective bargaining
agreement, and therefore has violated the Railway Labor Act.
- US Airways has committed an additional violation of the Railway
Labor Act by failing to "exert every reasonable effort … to
settle all disputes … arising out of the application of" the
current collective bargaining agreements.
- US Airways has failed to make "every reasonable effort" to
settle or otherwise resolve contractual interpretation disputes in
violation of the Railway Labor Act.
USAPA feels that the egregious nature of these illegal acts has
been compounded by important safety grievances that remain
unresolved as a result of US Airways' actions.
In a statement to the US Airways pilots, USAPA President Mike
Cleary said, "Each of us is painfully aware that remaining mired in
bankruptcy-era contracts after six years has created a level of
hardship for our families that is unsustainable. The honesty, moral
character and integrity that we have applied to our obligations
during negotiations have been met with exactly the opposite from
management. They have used every opportunity to stall, delay and
attempt to exhaust the resources of our union and our pilot group.
It is time for it to stop. We look to the legal system to provide
relief and get our negotiations back on the level playing field
that the statute requires."
In its complaint, USAPA seeks to enjoin US Airways from
unilaterally abrogating and altering the relevant collective
bargaining agreements pending completion of the RLA's major dispute
resolution procedure. USAPA requested that the District Court issue
a preliminary injunction prohibiting US Airways from engaging in
this misconduct.
In his letter to the pilots, President Cleary went on to state,
"I have no doubt that Management will respond in a punitive fashion
to this demand for statutory compliance by taking hostages with the
discipline mechanisms that are at their disposal. I can promise you
that when they do, your union will respond swiftly and aggressively
to defend and protect your jobs and your rights."
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