Addington v. US Airline Pilots Ass'n, No. 14-15757 (9th Cir. 2015)Annotate this Case
This case stemmed from a dispute over an integrated seniority list of pilots after US Airways merged with America West Airlines. East Pilots and West Pilots were both represented by the ALPA where East Pilots advocated a list based on date of hire, while West Pilots advocated a list based on the strength of their pre-merger airline. After an unfavorable arbitration result, the East Pilots forced the decertification of ALPA and the creation of a new union, the USAPA. USAPA was expressly opposed to the enforcement of the arbitrator's award and openly committed to a seniority list based on date of hire. At issue on appeal is whether USAPA violated its duty of fair representation to the West Pilots. The court first determined that the case was ripe for review. On the merits, the court concluded that USAPA breached its duty of fair representation to the West Pilots where USAPA’s manifest disregard for the interests of the West Pilots and its discriminatory conduct towards them constitutes a clear breach of duty. Accordingly, the court reversed in part, vacated in part, and remanded.