Green Jacobson P.C.

Allen Press and Joe Jacobson won their federal class action trial against the Air Line Pilots Association, International (“ALPA”), the largest pilots union in the world, proving that ALPA violated its duty of fair representation to the former pilots of TWA in connection with the 2001 acquisition of TWA by American Airlines.

The duty of fair representation is a duty owed under federal law by unions to their members to represent the interests of the members fairly and in good faith, and is violated by arbitrary, bad faith, or discriminatory conduct on the part of the union.

The TWA pilots alleged that ALPA failed to properly advocate their interests in the merger because of a serious conflict of interest. The TWA pilots alleged that at the same time that ALPA was duty-bound to assist them in seniority integration negotiations with the American Airline pilots, ALPA was engaged in extensive, undisclosed efforts to cause the more than 11,000 American Airline pilots to become members of ALPA.

The verdict was entered by the jury in this class action in the United States District Court for the District of New Jersey in Camden, New Jersey on Wednesday, July 13, 2011, following five weeks of trial. The jury found both that ALPA violated its duty of fair representation to the more than 2,300 TWA pilots in the class and that ALPA’s violation caused tangible injury to at least some of the TWA pilots. A second trial to determine the amount of the damages is anticipated by the end of the year.

Allen was the lead lawyer for the TWA pilots at trial. Allen indicated that although the damage calculations were not yet completed, initial analysis suggests that the total damages could approach or even exceed a billion dollars.

Allen and Joe were assisted at trial by Lisa Rodriguez and Nicole Acchione of the law firm Trujillo Rodriguez & Richards, LLC, based in Haddonfield, New Jersey and Philadelphia, Pennsylvania. Lisa assumed the post of President of the New Jersey State Bar during the trial.

Witnesses at trial included former TWA pilots who were involved in ALPA committees involved in managing various aspects of the TWA pilots’ interests in the merger. ALPA staff attorneys and both present and former ALPA executives also testified in the case. Former ALPA President Duane Woerth, U.S. Ambassador to the International Civil Aviation Organization, whose comments and actions were a major focus of the trial, testified on behalf of ALPA as its first witness.

Large numbers of former TWA pilots, many in their old TWA uniforms, attended the trial as observers. Approximately 65 former TWA pilots were present for the first day of closing argument, according to observers.

Allen believes that this case had national significance. According to Allen, the TWA pilots’ case was the largest duty of fair representation case ever to go to trial, both in terms of the number of affected union members and the dollars involved. The case has been closely monitored both by persons in the aviation industry as well as by large, national unions.