Comair, Inc., a wholly owned Delta subsidiary, will be able to make its case in federal court that the Air Line Pilots Association (ALPA) maintains two levels of representation -- one for the higher-paid mainline pilots and a lower level for regional airline pilots.

Judge I. Leo Glasser of the U.S. District Court for the Eastern District of New York, in Ford v. Air Line Pilots Association, International, upheld the right of hundreds of Comair pilots to sue ALPA for working against their interests, according to the Regional Jet Defense Coalition (RJDC), a non-profit advocacy organization formed by the pilots of Comair and Atlantic Southeast Airlines (ASA) to ensure that ALPA is accurately representing its members.

Although Judge Glasser dismissed a range of side claims, the main thrust of the lawsuit was allowed to go forward. The claim that was upheld alleges that ALPA uses the scope clause of the Delta collective bargaining agreement as a device to limit flying at Comair, thus limiting the career growth and earning potential of Comair pilots. Judge Glasser's decision is believed to be the first time that a federal court has ruled that ALPA has a potential conflict of interest in representing both mainline and regional pilots.

Pilots at ASA filed a similar lawsuit against ALPA in May. It is still unclear how the court's ruling will impact current bargaining between Delta and its pilots, but Capt. Daniel Ford, president of RJDC, said the decision "ushers in a new era in union representation of pilots" at regional carriers. "ALPA is going to have to sit up and take notice that it is accountable to all its members and can no longer sacrifice its constituents at smaller carriers to appease its large carrier membership," Ford said.

Judge Glasser, in the 39-page decision, wrote, "Plaintiffs have sufficiently stated a claim that ALPA breached its duty of fair representation by allegedly negotiating contracts that arbitrarily favor the Delta pilots over the Comair pilots." A spokesman for ALPA did not return telephone calls by press time.

>>Contact: Daniel Ford, RJDC, (859) 816-4580, Web: http://www.rjdefense.com; ALPA, (703) 689-2270<<