Don Addington v. US Airline Pilots Assn
791 F.3d 967
| 9th Cir. | 2015Background
- 2005: US Airways merged with America West; ALPA represented both pilot groups and the Transition Agreement required a negotiated integrated seniority list, with binding arbitration if negotiations failed.
- Arbitration (Nicolau Award, 2007) produced a compromise list; East pilots opposed it, decertified ALPA, formed USAPA (committed to date-of-hire seniority), and USAPA was certified in 2008.
- West pilots sued USAPA for breach of the duty of fair representation (DFR); earlier appeal (Addington I) dismissed as unripe because no finalized contract had been reached.
- 2013: US Airways–American Airlines merger produced an MOU negotiated with USAPA that included Paragraph 10(h), which preserved existing US Airways seniority lists and incorporated McCaskill-Bond procedures; West pilots alleged Paragraph 10(h) abandoned the Nicolau Award and breached USAPA’s DFR.
- District court (2014) held for USAPA (very close call); Ninth Circuit majority reverses, finds USAPA breached its DFR, and remands with an injunction limiting USAPA’s participation in the McCaskill-Bond seniority integration proceedings except to the extent USAPA advocates the Nicolau Award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USAPA breached the duty of fair representation by abandoning the Nicolau Award and inserting Paragraph 10(h) into the MOU | West pilots: USAPA had no legitimate union purpose to abandon the arbitrated Nicolau Award; Paragraph 10(h) was intended to kill the Award and favor East pilots | USAPA: Paragraph 10(h) was a legitimate, neutral measure to secure broad economic benefits in the MOU and to avoid a divisive ratification fight | Held: USAPA breached its DFR; Paragraph 10(h) lacked legitimate justification and was motivated by discriminatory intent favoring East pilots |
| Ripeness: whether the DFR claim was ripe for adjudication before the McCaskill-Bond SLI arbitration concluded | West: claim is ripe because the MOU (a sufficiently final product) abandoned the Nicolau Award and causes immediate hardship in parallel SLI efforts | USAPA: earlier appellate dismissal (Addington I) showed such claims are premature until a final CBA; later events (e.g., decertification) might moot relief | Held: claim is ripe — MOU effected a non-contingent abandonment of the Nicolau Award and imposed immediate hardship on West pilots |
| Proper remedy: whether equitable relief (injunction) is appropriate and what form it should take | West: injunctive relief requiring USAPA to pursue/advocate implementation of the Nicolau Award in seniority integration | USAPA: relief sought is improper or moot because USAPA lost exclusive representative status; injunctive limits would be overbroad and not tailored to harm | Held: injunction warranted — court remands with instruction to enjoin USAPA from participating in McCaskill-Bond proceedings except to the extent it advocates the Nicolau Award; separate-representation issue vacated as moot |
| Whether USAPA succeeded to ALPA’s contractual obligations under the Transition Agreement | West: USAPA assumed ALPA’s obligations to defend/implement the Nicolau Award | USAPA: may modify agreements; the MOU did not necessarily override prior obligations and the union’s duties are context-dependent | Held: USAPA succeeded to ALPA’s status and obligations; abandoning the Award without legitimate purpose violated its duty |
Key Cases Cited
- Steele v. Louisville & Nashville R. Co., 323 U.S. 192 (superseding union discrimination doctrine; unions must represent all members fairly)
- Vaca v. Sipes, 386 U.S. 171 (union must serve interests of all members in good faith, avoid arbitrary conduct)
- Air Line Pilots Ass’n v. O’Neill, 499 U.S. 65 (DFR applies to negotiation; courts give unions wide latitude but may review arbitrary conduct)
- Addington v. U.S. Airline Pilots Ass’n, 606 F.3d 1174 (9th Cir. 2010) (earlier panel dismissed DFR claim as unripe)
- Int’l Bhd. of Elec. Workers v. Foust, 442 U.S. 42 (equitable remedies for DFR violations)
- Bernard v. Air Line Pilots Ass’n, 873 F.2d 213 (9th Cir. 1989) (union violated DFR by failing to follow its merger policy and disadvantaging nonunion pilots)
- Rakestraw v. United Airlines, 981 F.2d 1524 (7th Cir. 1992) (seniority negotiations are zero-sum; union may not manipulate seniority solely to benefit one group)