Former Continental Pilots Sue Their Union In Seniority Battle

Feb. 27, 2014
Six United Airlines pilots who flew for Continental Airlines before the carriers' 2010 merger have sued their union

Feb. 26--Six United Airlines pilots who flew for Continental Airlines before the carriers' 2010 merger have sued their union, claiming it favored the larger airline during protracted negotiations over seniority, which determines everything from pay to work schedules.

The class-action lawsuit, filed Monday in the U.S. District Court in Houston, accuses the Air Line Pilots Association, International, of breaching its duty to provide fair representation to the former Continental pilots by diminishing their seniority in favor of pre-merger United pilots. The merged seniority list was released in September following lengthy and contentious negotiations. Seniority determines not just pay but also rank, scheduling, routing and the type of aircraft they fly. It also enhances job security during downturns.

The lawsuit alleges many Continental pilots lost years or decades of seniority when the two groups were integrated. The lawsuit seeks to restart the process with no favoritism toward pilots who worked for United before the merger.

Michael Carr, who began flying with Continental in 1996, said that he was ranked 14 percent lower on the combined list and that many former United pilots with lower ranks and experience are ranked higher. He said other fellow Continental pilots dropped even further.

"The thing was tilted so far in their favor it was absurd," said Carr, one of the plaintiffs. "We are required to pay thousands of dollars a year to be a member, and we essentially have no voice."

The union represented both pilot groups before the merger and now represents the combined workforce.

The lawsuit alleges the union had political incentive to favor the United pilots because they had enough votes to switch to a different union if they didn't get their way. At the time of the merger, United had about 7,700 pilots and Continental about 4,640. Nearly all of these pilots now work for the post-merger United, the lawsuit states.

The union called the lawsuit unfounded.

"The seniority arbitration was fair and equitable," the union said in a statement. "It was conducted by three nationally respected labor arbitrators with both pilot groups represented by their own very experienced lawyers. The lawsuit is completely without merit."

After the United- Continental merger, the union began the process of combining the seniority lists. The lawsuit claims that the union assisted United pilots and paid a witness to appear for those pilots. It also claims that the attorney appointed for Continental's pilots had ties to the union.

The lawsuit states that in 2005, the union lost members after a merger between US Airways and America West, when US Airways pilots voted to switch to a new union over negotiations that favored the America West pilots.

"This union had been burned once before and, instead of seeking a fair resolution for all its members, it ignored its duty to be fair by repeatedly poisoning the process simply to favor the side with more political clout," Adam Milasincic, attorney for the former Continental pilots, said Tuesday. "This caused enormous loss to the former Continental pilots."

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