Verdict favors America West pilots in US Air seniority case

ByABC News
May 14, 2009, 9:21 AM

— -- When the seniority dispute between pilots at US Airways went to trial two weeks ago, US Airways CEO Doug Parker said that the airline hoped it would resolve the divisive issue.

The verdict came in Wednesday in favor of the former America West pilots who sued their new union and early signs indicate it won't bring closure anytime soon, due to legal maneuvers.

That likely means no joint contract and the pay raises it would bring to the airline's 5,000-plus pilots nearly four years after the America West-US Airways merger, and no labor peace or combined flight operations for the airline.

The US Airline Pilots Association, as expected, said it plans to immediately appeal the decision. It blasted the handling of the case in U.S. District Court in Phoenix, citing questionable rulings and limited time and evidence, among other factors.

"USAPA, quite literally, fought this battle with both hands tied behind its back," union President Michael Cleary said Wednesday in a prepared statement.

The union said it will also ask for a stay of any injunctions stemming from the verdict.

The former America West pilots are seeking relief on several fronts, including an order compelling the union to honor the seniority decision an arbitrator issued two years ago in a new contract to be voted on by all pilots. The union, which was formed by the larger group of pilots of the old US Airways who were seething about that seniority list and wanted to craft their own, says the court has no jurisdiction in union matters like contract negotiations. Judge Neil Wake is not expected to rule until next week.

"We're outnumbered 2-to-1. We know we have a long road ahead," said Eric Ferguson, co-founder of the group that started the legal battle against the union.

They aren't letting that spoil the victory. When the unanimous jury verdict was announced Wednesday morning after less than a day of deliberations, the six America West pilots named as plaintiffs in the case and others who have regularly packed the courtroom during the trial hugged each other and spread word of the verdict to colleagues and friends via phone calls and text messages.