Pilots union vote only signals more trouble ahead - Charlotte Business Journal:

buluhofuce.wordpress.com
The , elected last week, now faces the difficult task of pleasinb two pilot groups that have been fighting over seniorityu issues for nearly three years since US mergerwith . Several industry consultants and analystathink Charlotte-based USAPA could be facing years of legakl battles as a result of its fractureds membership. "The union and its leadership are stucjk between a rock and ahard place," says Scotft Humphrey, a shareholder at Charlottw law firm , who specializes in labor law. "The seniority of pilotsx is alwaysan issue.
There are two sizablre portions of its membership who want different Last week, about 55% of the US Airwayws pilots voted to oust theif longtime union, the Air Line Pilot Association, in favor of startup uniohn USAPA. Since US Airways merged with America West inSeptembere 2005, the former America West pilots, calledd the west pilots, and the former US Airwayws pilots, called the east pilots, have been unabld to negotiate a single contract with management. The pilots can'tf agree on seniority, which determines severak quality-of-life issues such as compensation, captain status and Last year, the two groups agreed to have an arbitrator create aseniority list.
The east pilots claimer the Nicolau award, named for arbitrator Georgr Nicolau, was unfair and filed suit to have it Now questions arise whether USAPq is bound by theNicolau award. "If you are goinfg to submit to binding you have to adhere tothe outcome," says Rober Mann, president of consulting firm Scott spokesman for USAPA, says the union wasn't parthy to the award and therefore isn't bound by it. "The arbitrator worked for the previous which is nolongeer here," he says. USAPA plans to arrange pilott seniority by dateof hire, with a few exceptions. Theuet says the union intends to negotiater seniority withmanagement directly, though he won't elaborate.
Labofr lawyer Humphrey agrees that USAPA coulxd work around the Nicolau But the union will have angruy members whether it disregards or upholds theNicolaj award. "It's a likelihood that either way theuniohn goes, it's looking at a very large group of disgruntles employees," he says. "The likelihood is that they are stuc k in a legal battle for a few Aviation consultant Mann says that could includ a duty of fair representation suit filerd by the west pilots against USAPA if it ignoresw theNicolau award. The union has an obligation to represent all memberss fairlyand equally, and date-of-hire seniorit disenfranchises the west, Mann says.
"We don't believe such a lawsuity wouldhave merit," Theuer says. Humphrey doesn't think the legal battlesw the union could face would affec its negotiations with USAirways management. "They can'ft fight both battles at one time," he says. Theuer speculatexs negotiating with US Airways in abougttwo months.