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AIR LINE PILOTS ASSN. v. PAN AM

January 11, 1985

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Plaintiff,
v.
PAN AMERICAN WORLD AIRWAYS, INC., Defendant FLIGHT ENGINEERS' INTERNATIONAL ASSOCIATION, PAA CHAPTER, AFL-CIO, Plaintiff, vs. PAN AMERICAN WORLD AIRWAYS, INC., Defendant



The opinion of the court was delivered by: MCLAUGHLIN

McLAUGHLIN, District Judge

This is an action under the Railway Labor Act ("RLA"), 45 U.S.C. et seq., brought by the Air Line Pilots Association, International ("ALPA") and the Flight Engineers' International Association, PAA Chapter, AFL-CIO ("FEIA") against Pan American World Airways, Inc. ("PAN AM"). The unions seek a preliminary injunction compelling Pan Am to observe the provisions of the Agreements expiring on January 1, 1985 pending exhaustion of negotiation procedures mandated by the Act.

 I agree with the parties that further evidence is unnecessary, as the essential facts are not in dispute. Accordingly, I have consolidated the trial on the merits with the hearing on the instant application in accordance with Rule 65(a)(2) of the Federal Rules of Civil Procedure.

 For the reasons developed below, the unions' request for injunctive relief is granted.

 Facts

 ALPA

 ALPA is the collective bargaining representative for Pan Am's pilots. On January 28, 1983 the parties entered into a new basic agreement effective until January 1, 1985. The parties refer to this basic agreement as "the white pages." Also on January 28, 1983, the parties entered an accompanying memorandum of agreement which provides certain concessionary modifications in the basic agreement as to hours of service, pay and working conditions. These concessionary provisions, included "between the covers" of the basic agreement, are referred to as the "pink pages."

 The pink pages constitute temporary revisions to the basic agreement. Those temporary revisions "shall terminate in all respects at 2400 hours on December 31, 1984." Agreement, p. 244, par. 3. The pink pages further provide:

 
On and after January 1, 1985, the corresponding provisions of the Agreement between Pan American World Airways, Inc. and its Air Line Pilots as represented by the Air Line Pilots Association, International, dated January 28, 1983, shall be implemented and shall continue in full force and effect thereafter, regardless of whether the parties have exchanged notices of intended change under Section 6 of the Railway Labor Act or are in any phase of negotiations for a new Agreement. The Company explicitly waives any and all rights whatsoever to claim that any of the temporary revisions. . . remain in effect after 2400 hours on December 31, 1984, or that on and after January 1, 1985, the corresponding provisions of the Agreement between Pan American World Airways, Inc. and its pilots as represented by the Air Line Pilots Association International, dated January 28, 1983, should not be implemented and continue in full force and effect thereafter.

 Id. at 245. (emphasis added).

 By letter dated September 19, 1984 Pan Am informed ALPA of its intent to reopen negotiations for a new agreement, pursuant to section 6 of the RLA. *fn1" In the ensuing months, ALPA took the position that pursuant to the above-quoted contractual provision, the white pages would be applicable to all flights after midnight December 31, 1984. By letter dated November 26, 1984, however, Pan Am informed ALPA that the terms then in effect, i.e., the pink pages, would be continued on and after January 1, 1985. Accordingly, on December 19, 1984, ALPA commenced the instant action seeking injunctive relief.

 FEIA

 The dispute between Pan Am and the flight engineers is essentially the same as that between Pan Am and ALPA, i.e., a 1983 agreement contained concessionary provisions (pink pages *fn2" ) intended to remain in effect until January 1, 1985. These pink page concessions were not "to continue under section 6 of the Railway Labor Act beyond January 1, 1985, except by mutual agreement . . . ." Although the provisions of the FEIA contract are not semantically identical to those contained in the ALPA contract, Pan Am has conceded that the legal effect of both agreements is the same.

 In the fall of 1984 Pan Am informed FEIA of its intent to reopen negotiations for a new agreement, pursuant to Section 6 of the Railway Labor Act, and that it intended to continue the (pink sheet) rates of pay, rules and working conditions after January 1, 1985. On December 20, 1984, FEIA commenced this action to enjoin Pan Am ...


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