West Pilots Beat East in US Airways Case

Their principal objection has been that hundreds of east pilots, with 15 or more years of seniority, would become junior to west pilots with far less seniority. The relative financial strength of the two airlines, both of them troubled, was also a much disputed factor in the ruling by arbitrator George Nicolau.

USAPA attorneys are working on an expedited appeal and a stay of any proposed relief, said president Mike Cleary said, in a prepared statement.

The ruling was not unexpected. East pilots said from the start that the Phoenix judge and potentially the jury was partial to pilots for Phoenix-based America West.

"Given the circumstances, USAPA has a hard time accepting the idea that we encountered truly unbiased impartiality," Cleary said. "Required to argue our case with limited time and evidence, hamstrung by questionable rulings and incorrect instruction, USAPA quite literally fought this battle with both hands tied behind its back."

"The Ninth Circuit Court of Appeals and, if necessary, the United States Supreme Court, is the appropriate place for the law to be truly vetted," Cleary said.

Meanwhile, Burkett said the long, bitter battle over seniority integration has delayed the pilots' joint effort to get a new contract. "This thing has given the company another year and a half of bankruptcy contract rates on both sides," he said. US Airways, meanwhile, has been unable to fully integrate its operations four years after the merger. Its shares fell 12.6% to $2.98 on Wednesday, while the Amex Airline Index(XAL Quote) was down 5.7%.