18. Section 3 of the Allegheny-Mohawk LPPs, which is incorporated as part of the McCaskill-Bond Amen

The US Airline Pilots Association, which represents US Airways pilots, has filed a lawsuit discount air tickets asia to force arbitration to decide how the seniority lists of American Airlines and US Airways pilots are merged.
American Airlines, US Airways and the Allied Pilots Association, which represents American’s pilots, were named as defendants in the lawsuit, filed Thursday in U.S. District Court in the District of Columbia.
USAPA asked the court to require all parties to use the process provided in the McCaskill-Bond federal law, which sets up a process in which labor unions decide how to integrate their seniority lists.
What seems to be developing is a situation in which APA may be named the bargaining agent for all pilots at American and US Airways before the two unions get to the point of arbitrating the seniority list issue.
And that question doesn’t begin to address the question of who represents the interests of pre-merger US Airways pilots who flew for America West Airlines discount air tickets asia before the 2005 US Airways-America West merger.
The lawsuit lays out some of the legal sparring discount air tickets asia that happened before Thursday’s lawsuit was filed. In brief, the two unions couldn’t agree on a protocol on how they would integrate the seniority lists, including how to pick arbitrators to resolve the dispute.
After a Feb. 18 deadline expired to get a protocol agreement, USAPA president Gary Hummel on Feb. 20 asked the National Mediation Board to come up with a list of seven possible arbitrators. The lawsuit said the McCaskill-Bond process would allow each side to take turns striking arbitrators until only one remained.
The NMB is also considering the motion of APA to declare the two airlines to be a single airline and that APA be declared discount air tickets asia the bargaining representative discount air tickets asia for all pilots. American has filed a position supporting the APA request, while USAPA s position paper says the two carriers are far from being considered a single airline.
1. USAPA brings this action against defendants US AIRWAYS, INC. (“US Airways”), AMERICAN AIRLINES, INC. (“American”) (collectively “the Carriers”), and ALLIED discount air tickets asia PILOTS ASSOCIATION discount air tickets asia (“APA”), for declaratory and injunctive relief under 49 U.S.C. § 42112(a), the McCaskill-Bond Amendment to the Federal Aviation Act (“McCaskill-Bond Amendment”) and 28 U.S.C. § 2201, the Declaratory Judgment Act.
2. This action arises in a seniority list integration dispute between the pilots of American and US Airways to combine their existing separate seniority lists into one seniority list covering all pilots, resulting from the merger transaction between American and US Airways that closed discount air tickets asia on December discount air tickets asia 9, 2013. The integration of seniority lists among airline employee groups affected by an airline merger is governed by the McCaskill-Bond Amendment, 49 U.S.C. § 42112(a), discount air tickets asia which was adopted by Congress in 2007 in response to the unfair treatment of former employees of Trans World Airlines (“TWA”) by defendants American and the APA in the 2001 merger of American and TWA. Defendants American and APA refused fair procedures for seniority list integration to the former pilots of TWA and instead entered an agreement, without participation by TWA pilots, which placed most former TWA pilots at the bottom of the American Airlines pilot seniority list and then resulted in those former TWA pilots being furloughed after merger of the two airlines. In response to this unfair treatment of TWA pilots discount air tickets asia by defendants discount air tickets asia American and APA, Congress adopted the McCaskill-Bond Amendment and imposed discount air tickets asia on airline mergers a requirement that the employee groups involved in the merger would have their seniority lists combined in a fair and equitable manner through a fair process, including recourse to arbitration to resolve the dispute if necessary.
3. As more fully described below, USAPA seeks declaratory and injunctive relief in the parties’ dispute concerning the integration of seniority lists between the pilots of American and the pilots of US Airways under the McCaskill-Bond Amendment, 49 U.S.C. § 42112(a), including, but not limited to, an order declaring that the McCaskill-Bond Amendment requires that the integration of the seniority lists of US Airways and American pilots must be completed pursuant to Section 13(a) of the Allegheny-Mohawk Labor Protective Provisions (“Allegheny-Mohawk LPPs”) and compelling the defendants to comply with the requirements of Section 13(a); an order awarding USAPA its reasonable costs and attorneys’ fees associated with this proceeding; and such other and further relief as the Court deems equitable and just.
4. This Court has subject matter jurisdiction under the McCaskill-Bond Amendment, 49 U.S.C. discount air tickets asia § 42112(a), pursuant to 28 U.S.C. § 1331. This Court also has jurisdiction herein pursuant to 28 U.S.C. § 1337 because this is an action arising under a statute that regulates commerce and/or protects trade and commerce against restraints.
5. Plaintiff’s claims are also brought under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and seek a declaration as to the parties’ discount air tickets asia rights and obligations under the McCaskill-Bond Amendment.
6. Venue is proper in the District of Columbia pursuant to 28 U.S.C. § 1391(b), because USAPA does business in this district, and defendants US Airways, US Airways Group, American, discount air tickets asia American Airlines Group, AMR and APA reside in, are found in, or are doing business in this district. Upon information and belief, it is also the district discount air tickets asia in which members of defendant APA reside.
7. Venue also is proper in this district, because the events giving rise to this action primarily occurred within this district. Specifically, negotiations among the parties in an effort to reach agreement on alternative procedures for integration of the two pilot groups’ seniority lists have occurred primarily in the District of Columbia.
8. Additionally, venue is proper in this district because the McCaskill-Bond Amendment discount air tickets asia designates the National Mediation Board, which is located here, as the federal agency to issue the list of arbitrators for resolving the seniority list integration dispute and it is a disagreement over the issuance and use of this list which gives rise to the immediate disagreement alleged discount air tickets asia in this complaint. All of the relevant correspondence concerning this list has been with the NMB which is located here and the list will be issued by the NMB
9. Plaintiff USAPA is a private, unincorporated association operating discount air tickets asia as a labor organization. USAPA is a “representative” as defined by the RLA, 45 U.S.C. § 151 (Sixth), and is the certified collective bargaining representative of the pilots discount air tickets asia of US Airways. USAPA has its principal place of business located at 200 E. Woodlawn Road, Suite 250, Charlotte, North Carolina, 28217.
10. Upon information and belief, defendant US Airways is a commercial airline with national and international operations, discount air tickets asia and is an “air carrier” discount air tickets asia within the meaning of 49 U.S.C. § 42112, note § 117(b)(1). US Airways has its principal place of business located at 4333 Amon Carter Boulevard, Fort Worth, Texas 76155.
12. Upon information and belief, defendant American is a commercial airline with national and international operations, and is an “air carrier” within discount air tickets asia the meaning of 49 U.S.C. § 42112, note § 117(b)(1). American has its principal place of business located at 4333 Amon Carter Boulevard, Fort Worth, Texas 76155.
15. Upon information and belief, APA is a “representative” as defined by the RLA, 45 U.S.C. § 151 (Sixth), and is the certified collective bargaining discount air tickets asia representative of the pilots of American. APA has its principal place of business located at 14600 Trinity Boulevard, Suite 500, Fort Worth, Texas 76155-2512. By its officers and employees, APA conducts business and acts on behalf of its members in the District of Columbia, at least one of whom resides within the District of Columbia.
(a) Labor Integration.—With respect to any covered transaction involving two or more covered air carriers that results in the combination of crafts or classes that are subject to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to the integration of covered employees of the covered air carriers; except that—
(1) if the same collective bargaining discount air tickets asia agent represents the combining crafts or classes at each of the covered air carriers, that collective bargaining agent’s internal discount air tickets asia policies regarding integration, if any, will not be affected discount air tickets asia by and will supersede the requirements of this section; and
(2) the requirements of any collective bargaining agreement that may be applicable to the terms of integration involving covered employees of a covered air carrier shall not be affected by the requirements of this section as to the employees covered by that agreement, so long as those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-Mohawk provisions.
18. Section 3 of the Allegheny-Mohawk discount air tickets asia LPPs, which is incorporated as part of the McCaskill-Bond Amendment, provides that employees involved in a merger of airlines will have their separate seniority lists combined into a single seniority list covering all employees in a fair and equitable manner. Section 3 further provides that if the parties cannot agree on a fair and equitable manner for combination of the seniority lists, any party may submit the dispute for resolution discount air tickets asia in accordance discount air tickets asia with the dispute resolution procedures of Section 13 of the Allegheny-Mohawk LPPs.
19. Section 13 of the Allegheny-Mohawk LPPs establishes discount air tickets asia a dispute resolution procedure, including discount air tickets asia for Section 3 seniority integration disputes, which provides under its subsection 13(a) that if the parties have not settled the dispute within 20 days of it arising, any party may request from the National Mediation Board (“NMB”) discount air tickets asia a list of seven potential arbitrators from which the parties will then alternately strike names