Federal Court OK's Lawsuit Against Pilots' Union,
Thwarts Union Effort to Preserve Separate Levels of Representation;
Recommends Pilots Seek Class-Action Status
June 25, Cincinnati-- Thwarting plans of the Air Line Pilots Association [ALPA] to continue using "scope" clauses of collective bargaining agreements to create a lower caste of ALPA member, a federal court permitted claims alleging that ALPA breached its duty of fair representation ["DFR"] to go forward. The decision will allow pilots at Comair, Inc., a Delta subsidiary, to make their case that ALPA maintains two levels of representation-- one for the higher-paid "mainline" pilots at such carriers as Delta, and a lower level of representation for pilots at "regional" airlines.
In a lengthy decision in Ford v. Air Line Pilots Association, International, Judge I. Leo Glasser of the United States District Court for the Eastern District of New York upheld the right of hundreds of Comair pilots to sue their union for working against their interests.
Although Judge Glasser dismissed a range of side claims, the main thrust of the lawsuit, dealing with the duty of fair representation, was allowed to go forward. Specifically, the claim that prevailed against ALPA's motion to dismiss was the one in which plaintiffs sought a myriad of injunctive relief to prevent ALPA from negotiating Delta collective bargaining agreements that wield economic harm upon ALPA's Comair constituency. The claim that was upheld alleges that ALPA uses the scope clause of the Delta collective bargaining agreement as a remote control device to limit flying at Comair, thus limiting the career growth and earning potential of Comair pilots. Judge Glasser's decision is believed to be the first time that a federal court has recognized that ALPA has a potential conflict of interest in representing both "mainline" and "regional" pilots.
A similar lawsuit was filed against ALPA last month by pilots at Atlantic Southeast Airlines, Inc. [ASA]. It is as yet unclear how the court's ruling will impact current bargaining between Delta and its pilots, but Captain Daniel Ford, President of the umbrella organization that is coordinating the Comair and ASA lawsuits, said the decision "ushers in a new era in union representation of pilots at so-called "regional" carriers. Ford, who heads the Regional Jet Defense Coalition, said, "ALPA is going to have to sit up and take notice that it is accountable to all its members and can no longer sacrifice its constituents at smaller carriers to appease its large carrier membership."
Judge Glasser, in a 39-page decision, wrote, "Plaintiffs have sufficiently stated a claim that ALPA breached its duty of fair representation by allegedly negotiating contracts that arbitrarily favor the Delta pilots over the Comair pilots." The Court specifically found invalid ALPA's insistence that the dispute between it and its Comair members should be relegated to the National Mediation Board, which has little if any power to address the dispute.
The Judge also permitted more than 300 additional Comair pilots to join the lawsuit, but strongly suggested that the case be converted into a class action on behalf of all Comair pilots. The Court directed the parties to address that issue within 30 days.
Thwarts Union Effort to Preserve Separate Levels of Representation;
Recommends Pilots Seek Class-Action Status
June 25, Cincinnati-- Thwarting plans of the Air Line Pilots Association [ALPA] to continue using "scope" clauses of collective bargaining agreements to create a lower caste of ALPA member, a federal court permitted claims alleging that ALPA breached its duty of fair representation ["DFR"] to go forward. The decision will allow pilots at Comair, Inc., a Delta subsidiary, to make their case that ALPA maintains two levels of representation-- one for the higher-paid "mainline" pilots at such carriers as Delta, and a lower level of representation for pilots at "regional" airlines.
In a lengthy decision in Ford v. Air Line Pilots Association, International, Judge I. Leo Glasser of the United States District Court for the Eastern District of New York upheld the right of hundreds of Comair pilots to sue their union for working against their interests.
Although Judge Glasser dismissed a range of side claims, the main thrust of the lawsuit, dealing with the duty of fair representation, was allowed to go forward. Specifically, the claim that prevailed against ALPA's motion to dismiss was the one in which plaintiffs sought a myriad of injunctive relief to prevent ALPA from negotiating Delta collective bargaining agreements that wield economic harm upon ALPA's Comair constituency. The claim that was upheld alleges that ALPA uses the scope clause of the Delta collective bargaining agreement as a remote control device to limit flying at Comair, thus limiting the career growth and earning potential of Comair pilots. Judge Glasser's decision is believed to be the first time that a federal court has recognized that ALPA has a potential conflict of interest in representing both "mainline" and "regional" pilots.
A similar lawsuit was filed against ALPA last month by pilots at Atlantic Southeast Airlines, Inc. [ASA]. It is as yet unclear how the court's ruling will impact current bargaining between Delta and its pilots, but Captain Daniel Ford, President of the umbrella organization that is coordinating the Comair and ASA lawsuits, said the decision "ushers in a new era in union representation of pilots at so-called "regional" carriers. Ford, who heads the Regional Jet Defense Coalition, said, "ALPA is going to have to sit up and take notice that it is accountable to all its members and can no longer sacrifice its constituents at smaller carriers to appease its large carrier membership."
Judge Glasser, in a 39-page decision, wrote, "Plaintiffs have sufficiently stated a claim that ALPA breached its duty of fair representation by allegedly negotiating contracts that arbitrarily favor the Delta pilots over the Comair pilots." The Court specifically found invalid ALPA's insistence that the dispute between it and its Comair members should be relegated to the National Mediation Board, which has little if any power to address the dispute.
The Judge also permitted more than 300 additional Comair pilots to join the lawsuit, but strongly suggested that the case be converted into a class action on behalf of all Comair pilots. The Court directed the parties to address that issue within 30 days.
