US Airways Wins Preliminary Injunction Against Pilots in Slowdown Fight

Anybody that has followed the airlines knows about the issues with the US Airways Pilots Association (USAPA), formed in response to arbitration of seniority in merging the former America West pilots.  The East pilots did not like the blended seniority list, and rather than accept the binding arbitration, voted in a new union as they greatly outnumbered the west pilots.  The pilots have been feuding within themselves and with US Airways ever since.  The USAPA filed briefs opposing the original DCA-LGA slot swap between US Airways and Delta. 

But recently, the pilots began a safety campaign, encouraging pilots to refuse aircraft for minor issues that are deferrable, taxing slowly, refusing to fly fatigued, and taking time to check everything.  I know, these are reasonable requests, but the messages claimed safety, but were actually related to causing damage to US Airways operations to gain a favorable bargaining position in the ongoing contract talks.  While I could give details and try to summarize the damning evidence, I will allow official evidence from the case provide the illustration:

USAPA’s upcoming Safety Culture Survey is a groundbreaking opportunity for our pilots to provide input to the Safety Committee. We anticipate this survey will have strong implications beyond just safety, and we urge you to participate since the data will strengthen USAPA’s ability to represent you, the line pilot.

-September 30, 2010 communication to pilots

Friends, it is time for us to make a concise and powerful statement that we will no longer tolerate unfair working conditions at our airline. What should you do? There are many things that we must focus on as we move forward. First and foremost is the safety culture. With our pilots experiencing extreme levels of stress, we must make every effort to keep ourselves out of the red. . . . We must MEET OR EXCEED the safety standards of the [Flight Operations Manual] and [Federal Aviation Regulations] in every single decision that we make. . . . A storm approaches, my friends.

-May 3, 2011 Update from USAPA Strike Preparation Committee

And then there is the use of the slogans Safety First, and I'm On Board. Well, what did the union intend for these to mean?

Ok, what is the meaning of being ON BOARD? I have heard from many that some of you are just wearing the lanyard. Being ON BOARD means just that. You do what you can to help our cause . . . YOU ARE 15 MINUTES LATE EVERYWHERE .... GOT IT ... or ... GET OUT AND STOP BITCHING ABOUT A CONTRACT.

-Anonymous email sent to all pilots

And then of course there was encouragement of pilots to delay completing their mandatory training so they would cause a staffing crisis at the airline.

This is the captain with a safety action update. I’m on board, and we need you on board, too. The distance learning deadline’s approaching on May 31st. I am asking that you do not finish this module until the deadline of May 31st. The same request is being made of every pilot on the east coast, and it’s very important that you join in the effort. I want to thank you in advance for your participation. This action is part of what will be an inspirating [sic] campaign to restore our careers. The result of this first safety action on our operation is unknown, however the purpose is to send a clear message to management. I know that participation will require a small sacrifice in our pay and schedules, but a small sacrifice now will pay large dividends in the end. I need to know if you're on board and if you plan on participating now and in the future. If so, would you please provide me with your preferred contact number? Please leave a voicemail at this number with your best contact number for future communications. Thank you.

-Recorded call from the USAPA

And now for the most offensive charge I find for the slowdown, the intimidation used for pilots who are not ON BOARD with refusing work.

Seems like we have our first winner for the COMPANY SUCK UP AWARD... PINK PANTY AWARD or whatever you want to call it. This A330 CAP on Reserve, on July 15th had 1 Day Available, suddenly on July 16th he is on a . . . 3 day trip. Congratulations go to TOM BELTZ as our first winner. Keep up the good work by screwing all your fellow pilots that are trying to get a contract we deserve. If you have a good reason please let everyone know.

-Anonymous text sent to all East pilots

Around this same time, a card was placed in a pilot’s mailbox with an image of pink women’s underwear and the words: CONGRATULATIONS! You're a WINNER! Your heroic effort to help management achieve their bonus checks has earned you the Pretty Pink Panties award[.] Do you want a new contract? EARN IT.; Pl's Ex. 15.

-excerpt from statements of fact findings in the preliminary injunction

Now, even if these actions were not done by the USAPA, they had a duty to discourage such behavior, especially after notified that such behavior was occuring.  In addition, the Union was distributing baggage tags saying Safety First on one side, and I'm ready to STRIKE! on the other.  After examining all the evidence, it is extremely damning that the USAPA was supporting if not behind a slowdown to try and force US Airways to cave to their demands.

Now, before I go further, let me say that I am not really a fan of US Airways management.  While they are finally realizing they need to improve their product, they still do not really care about customers as anything more than self loading cargo.  However, when the pilots decide to try and destroy the airline to improve their contract, just like the majority decided to ignore the binding arbitration ruling (even though they were the airline being acquired in the merger), these are people who do not need to be in charge of hundreds of passengers.  

The leadership of the union should be very careful, as if US Airways wins a permanent injunction, then the officers could very well be facing extremely damaging lawsuits over their role in the slowdown.  And if the union is found responsible, the officers should be sued for all economic damages caused by the slowdown, and intimidated pilots should do whatever they feel will legally alleviate the damage that the actions of the USAPA have done to them.

If you have the time, I would encourage you to read the full ruling, especially the Conclusions of Law that the judge made.  

(HT to Cranky Filer for posting this on Twitter.  All quotes in this post taken from the ruling)