Robert A. Siegel

Siegel is an O'Melveny partner whose chief focus is on labor and employment issues concerning the airline industry. Clients include American Airlines Inc., United Airlines Inc., Alaska Airlines, Republic Airways Inc., Delta Airlines Inc., Spirit Airlines Inc., Frontier Airlines and Southwest Airlines Co.

His client list reads like a busy arrivals and departures board--as it might have appeared before the coronavirus slowdown struck the industry hard. "This is a totally different world," Siegel said. "I was around after 9/11 and this is far more disruptive. The airlines we advise are facing a truly unprecedented drop in revenue, and as labor lawyers we're advising on ways to deal with that."

He noted that many airlines have accepted money from The CARES Act, Congress' $2 trillion economic stimulus program, but it comes with strings attached. "There is the condition that if you accept federal grant money, you must keep all employees on the payroll through September. The airlines are working with their employees, and they have announced that on October 1 there will be a 30 percent layoff of non-union employees, along with requests for voluntary unpaid leave. They're trying to adjust. People have to make judgments about their plans for the fourth quarter."

When and to what extent travel demand will pick up is unknown. "There is data out there showing bookings are beginning to increase, but it remains way, way off what it was a year ago." Amidst the crisis, one union filed a suit over United's announced plans to reduce the hours of ground employees. The union cited its collective bargaining agreement and CARES Act concerns. "A dialog ensued and the suit was withdrawn the next day," said Siegel, who was involved in the negotiations. "It was quickly resolved by the company and the union, but it is an example of this fraught and chaotic time."

Last year, Siegel argued successfully before a 9th U.S. Circuit Court of Appeals panel in a labor law case over a long-running seniority dispute among pilots formerly employed by America West Airlines and US Airways prior to their 2005 merger. Siegel persuaded the panel to affirm dismissal of a potential class action by the pilots. The panel also agreed with his argument that airline employees cannot bring a claim of collusion against a carrier for "colluding" with a union that breached its duty of fair representation to its members. Beckington v. American Airlines, 18-15648 (9th Cir., opinion filed June 10, 2019).

"It was a nice win on an issue I've been involved in over the years," Siegel said. "It was the first decision under the Railway Labor Act to so hold, and given how frequently this question comes up, it was significant."

-- John Roemer