Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, July 19, 2009

Rare DFR Win For Plaintiffs

Addington v. U.S. Airline Pilots, ___F.Supp 2d___(D. Az. July 17, 2009), Download Findings_of_Fact_and_Conclusions_of_Law[1]is an important DFR case to be aware of. We had previously reported on an earlier decision denying a motion to dismiss. The case went to a jury trial and the plaintiffs won. The merits of the case concerned the integration of a seniority list after the merger of two airlines. The decision is lengthly (53 slip opinion pages) and full of helpful cites for researchers.

The court also ordered an interesting remedy-that an arbitration award over seniority lists must be respected; however the parties are also ordered to bargain about the seniority list. Readers will definately want to take note of this decision. My guess is that an appeal will be filed.

Mitchell H. Rubinstein

Hat Tip John Steiner

http://lawprofessors.typepad.com/adjunctprofs/2009/07/rare-dfr-win-for-plaintiffs.html

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I had not sent the Professor the actual Order of the Court and provide it, in text form without further comment, here.

The Court has entered previous orders adjudicating all claims in No. CV 08-1728-PHX-NVW and all claims in No. CV 08-1633 PHX-NVW except the named Plaintiffs’ claims for damages other than for refund of union dues and fees and except for any claims for attorney fees. The jury has returned a verdict in No. CV 08-1633 PHX-NVW finding Defendant US Airline Pilots Association liable to the Plaintiffs and the class they represent of all pilots employed by US Airways, Inc., in September 2008 who were on the America West seniority list on September 20, 2005. The Court expressly finds there is no just reason for delay in entry of this Partial Judgment and Permanent Injunction on all those matters
previously adjudicated, and the Court expressly directs its immediate entry.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that all claims in CV08-1728-PHX-NVW are dismissed with prejudice for failure to state a claim upon which relief can be granted. (Doc. # 118.)

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ claims against Defendant US Airways, Inc., in No. CV 08-1633 PHX-NVW are dismissed for lack of subject matter jurisdiction.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633 PHX-NVW that the claims of the Plaintiffs and the class of all pilots employed by US Airways, Inc., in September 2008 who were on the America West seniority list on September
20, 2005, against Defendant US Airline Pilots Association for refund of payments of union dues and fees are dismissed with prejudice for failure to state a claim upon which relief can be granted. (Doc. # 287.)

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED in No. CV 08-1633 PHX-NVW in favor of the Plaintiffs and the class of all pilots employed by US Airways, Inc., in September 2008 who were on the America West seniority list on September 20, 2005, that Defendant US Airline Pilots Association and its officers, committees, representatives, agents, and all persons in active concert and participation with them are permanently enjoined and ordered to:

A. Immediately, and in good faith, make all reasonable efforts to negotiate and implement a single collective bargaining agreement with US Airways that will implement the Nicolau Award seniority proposal unmodified, according to its terms;

B. Make all reasonable efforts to support and defend the seniority rights provided by or arising from the Nicolau Award in negotiations with US Airways; and C. Not negotiate for separate collective bargaining agreements for the separate
pilot groups, but rather negotiate for a single collective bargaining agreement for both pilot groups that incorporates the Nicolau Award. This injunction does not restrain USAPA from pursuing its rights under Section 6 of the Railway Labor Act, consistent with the previous sentence.

The Court retains jurisdiction to enforce, modify, or dissolve the permanent injunction portion of this order. The Court retains jurisdiction to adjudicate the named Plaintiffs’ unadjudicated claims for damages and any claims for attorney fees.

DATED this 17th day of July 2009.

Posted by: John Steiner | Jul 21, 2009 8:12:38 AM

Not sure if you know that the Addington v. US Airline Pilots Association trial win for plaintiffs (July 20, 2009) was reversed by the 9th Cir. in 2010, and cert. was denied by the Sup Ct.

Posted by: Stanley Silverstone | Oct 15, 2011 8:53:59 AM

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