Fri, May 15, 2009
Receives Decision in Duty of Fair Representation Trial
A jury in a Phoenix, Ariz., federal
court has found the US Airline Pilots Association (USAPA) liable in
a Duty of Fair Representation lawsuit. The suit was brought against
USAPA, which represents all US Airways pilots, by six former
America West pilots. America West and US Airways merged in 2005,
but the pilot groups have operationally remained separate.
“Today’s decision, while disappointing, was not
unexpected,” said Mike Cleary, president of USAPA.
“Since we were required to argue our case with limited
evidence and were hamstrung by questionable rulings and incorrect
instructions, USAPA, quite literally, fought this battle with both
hands tied behind its back. Given the circumstances, we have a hard
time accepting the idea that we encountered truly unbiased
impartiality. Although this is a setback, we are very confident
that the errors of law we encountered in this venue will be
corrected.”
USAPA intends to appeal the case to the 9th Circuit Court of
Appeals and, if necessary, the United States Supreme Court.
“While USAPA would have, of course, preferred to prevail
in the current setting, thereby allowing the pilot group to come
together and work towards an improved contract, we fully expected
and planned for this contingency,” said Cleary. “Again,
given the facts of law, we are very confident of our ability to
prevail eventually, in proving the absolute right of a union to
bargain over the complete terms of its members’ working
agreement. Having so planned, our legal team is already working on
an expedited appeal and stay of any proposed injunctive
relief.”
USAPA represents more than 5,000 US Airways pilots in seven
domiciles across the United States.
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