Pilots File Suit
Against US Airways
April 1, 2011 - 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
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
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
- 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.
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.
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
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
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.
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
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.
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