ADDINGTON v. U.S. AIRLINE PILOTS ASS'N

No. 09-16564.

606 F.3d 1174 (2010)

Don ADDINGTON, individual resident of the State of Arizona formerly employed by America West Airlines, Inc. and presently employed by its successor after merger, U.S. Airways, Inc.; John Bostic, individual resident of the State of Arizona formerly employed by America West Airlines, Inc. and presently employed by its successor after merger, U.S. Airways, Inc.; Mark Burman, individual resident of the State of Arizona, formerly employed by America West Airlines, Inc. and presently employed by its successor after merger, U.S. Airways, Inc.; Afshin Iranpour, individual resident of the State of Arizona, formerly employed by America West Airlines, Inc. and presently employed by its successor after merger, U.S. Airways, Inc.; Roger Velez, individual resident of the State of Arizona, formerly employed by America West Airlines, Inc. and presently employed by its successor after merger, U.S. Airways, Inc.; Steve Wargocki, individual resident of the State of Arizona, formerly employed by America West Airlines, Inc. and presently employed by its successor after merger, U.S. Airways, Inc., Plaintiffs-Appellees, v. U.S. AIRLINE PILOTS ASSOCIATION, an unincorporated association representing the pilots in the employment of U.S. Airways Inc., a Delaware corporation, Defendant-Appellant, and US Airways, Inc., a Delaware corporation; Stephan Bradford; Robert Davison; Douglas L. Mowery, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2010.


Attorney(s) appearing for the Case

Andrew S. Jacob, Polsinelli Shughart, PC, Phoenix, Arizona, for the plaintiffs-appellees.

Lee Seham, Nicholas Paul Granath, Lucas Middlebrook and Stanley Silverstone, Seham, Seham, Meltz & Petersen, LLP, White Plains, NY, for the defendant-appellant.

Opinion by Judge TASHIMA; Dissent by Judge BYBEE.


TASHIMA, Circuit Judge:

This case arose out of a bitter seniority dispute precipitated by the merger of U.S. Airways, Inc., and America West Air-lines ("AWA"). Following the merger, the companies' respective seniority lists had to be integrated to create a single list for the merged airline. The U.S. Airways, Inc., pilots ("East Pilots") and the AWA pilots ("West Pilots"), who were both represented by the Air Line Pilots Association ("ALPA"), began exploring methods...

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