US Airways Pilot Dilemma Spills Into the Courts

For the last few years, US Airways management has sat on the sideline while the pre-merger US Airways (East) and America West (West) pilot groups have duked it out regarding seniority. For the first time, management is stepping out in the case, primarily because it has no idea what to do regarding seniority integration.

The reality is that management finds itself in quite a pickle here. It's sort of a "damned if you do, damned if you don't" situation going on, and the airline is looking to the courts for guidance. This is truly insane that it's come to this.

When America West plucked US Airways from bankruptcy, management decided sit back and let the pilots figure out how to best integrate. Many have suggested that US Airways should have taken a more proactive role in settling the dispute, but the reality is that seniority integration really is an issue between the pilots and has nothing to do with management.

For pilots, seniority is the lifeblood. You get better schedules with more seniority, and it really is one of the most important issues out there. That seems obvious to anyone watching this case, because there's been a several year fight going on about centered around seniority and the East pilots have held out despite the promise of an instant pay raise up to West levels upon completion of the integration.

Management has wanted a deal for a long time, but the fight has dragged on and on with West pilots saying that the ALPA-related Nicolau award was valid and the East pilots disagreeing. (Read more on the history of the US Airways pilot fight.) The assumption was that when the West appeal was finally heard, this would be over and they could all move forward. That's not what happened.

The appeals court ruled that the West's appeal was not yet "ripe" for hearing. In other words, since no new list had actually be implemented, the West could not argue that there had been any harm done yet. The natural assumption, however, is that as soon as a new seniority list is implemented, the case would become ripe and the West appeal would be valid.

For management, that is the worst possible outcome imaginable. Throughout the fight, management has stayed neutral. It has not gotten involved in the seniority issues, but it does need to know what to implement in that regard.

Had the judge ruled with the West pilots and agreed that the Nicolau award was valid, then this wouldn't be an issue. Had the judge disagreed with the West pilots and said that the new union could implement its own list, that also wouldn't be a problem. Neither of those came true.

Instead, management is faced with a no-win situation. Here are the big questions, as stated to the pilots in an internal company letter.

Must the company insist that the Nicolau Award be included in the new single agreement? May the Company enter into a single agreement that does not include the Nic? If the Company enters into a single agreement that does not include the Nic would it have legal liability to the West pilots?

The West pilots are cautiously optimistic about this move. They understand why the company is doing it and are hopeful themselves that it will result in more clarity. The East pilots, however, are livid, as usual. They're acting like the company is now taking sides, though that's not the case.

So everyone sits there, waiting for direction. It's an incredibly frustrating place to be, but there is no other option right now.

Related:

• US Airways: How Not to Cope With Bickering Pilots After a Merger
• US Airways Pilots Infighting Grows Worse by the Day
• Former America West Pilots Win in Court Ruling Over Legacy US Airways Pilots