In September 2008, a group of six former America West pilots brought suit against USAPA claiming that USAPA’s failure to implement the Nicolau award violated its duty of fair representation. The lawsuit, Addington v. US Airline Pilots Association, was accompanied by another lawsuit brought in state court that has since been dismissed.  

In today’s ruling, a panel of the Ninth Circuit held by a majority that the Addington lawsuit was not legally ripe and therefore that the lower court lacked jurisdiction. The majority decision stated that, “… the conclusion that Plaintiffs’ claim is not ripe is consistent with our DFR decisions, which have found DFR violations based on contract negotiation only after a contract has been agreed upon.”  

USAPA President Mike Cleary stated, “We are extremely gratified by a resolution of this case, and we now look forward to our pilot group coming together to work towards an improved, industry-standard contract for all US Airways pilots.”  

As a result of today’s ruling, U.S. District Judge Neil Wake is ordered to dismiss the action against USAPA. This also means that the injunction and remaining damages phase of the case are now moot and USAPA can begin the collective bargaining process on behalf of all US Airways pilots.