Airline Labor Law: The Railway Labor Act and Aviation after Deregulation

By William E. Thoms ; Frank J. Dooley | Go to book overview

apparently contends that we should consider the hiring of the replacement pilots as simply the employment of additional second officers. It would then follow that United offered its replacement second officers more money than was offered its incumbent second officers, a practice which ALPA contends violated United's duty to bargain in good faith. We find ALPA's argument unpersuasive. At the time that the replacement pilots were hired, they were not hired as second officers, but rather as captains and first officers. Under these circumstances, the proper salary comparison to make is between the replacement captain and first officer salaries and incumbent United captain and first officer salaries. Our review of the record indicates that the salaries paid replacements were less than those offered similarly situated incumbent pilots prior to the strike. On this point, therefore, we need not reach ALPA's contention that United's offers to replacements exceeded offers to incumbent pilots thereby violating the airline's duty to bargain in good faith.

Nor is our analysis affected by the fact that the replacements who were hired as captains and first officers at guaranteed salaries were later reassigned to second officer status. The relevant point of comparison is at the time when United hired the replacement pilots. At that point, the salary offers made to the replacement captains and first officers were less than the proposals made to similarly situated incumbent pilots. ALPA's contention that the replacements were offered more money to serve in similar positions is simply misplaced.

The second prong of ALPA's argument is that the proper point of reference with respect to the replacement pilots' salaries is the new-hire pay scale proposed by United as opposed to the salaries United was offering its incumbent pilots. ALPA is correct in noting that in most instances the salaries proposed by United for new hires were less than those offered the replacement pilots. However, this is irrelevant for purposes of the present case. The cases ALPA cites involve situations in which incumbent employees were offered less money than was ultimately paid to permanent strike replacements. In the present case, conversely, the replacement pilots were paid less than the salaries offered incumbent captains and first officers. ALPA is unable to cite any case in which a court held that an employer violated its duty to bargain by offering replacements salaries in excess of those proposed for persons to be hired in the future as opposed to incumbent employees. In such a case, we do not believe an employer violates its bargaining duty and, accordingly, hold that United acted lawfully in hiring its replacement pilots at the guaranteed salaries.


NOTES
1.
45 U.S.C. § 151a ( 1982).

-75-

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Airline Labor Law: The Railway Labor Act and Aviation after Deregulation
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • 1 - Why Airline Labor Law is Different 1
  • Notes 14
  • 2 - Establishing the Bargaining Unit 17
  • Notes 54
  • 3 - Collective Bargaining Under the Railway Labor Act 57
  • Notes 75
  • 4 - Settlement of Disputes 77
  • 5 - Airline Labor and Other Statutes 127
  • Notes 147
  • 6 - Labor Protection Provisions 149
  • Summary 170
  • Notes 171
  • 7 - Future Trends in Aviation Labor Law 177
  • Notes 193
  • Selected Bibliography 195
  • Index 197
  • About the Authors 201
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