The union representing American Airlines pilots, the Allied Pilots Association (APA), has filed a lawsuit in a US District Court alleging American Airlines (American) has breached the pilot's collective bargaining agreement.

The lawsuit, filed April 14, relates to a pilot's Line Operational Evaluation (LOE). The LOE, done in a flight simulator, determines if a newly trained pilot has developed the necessary skills to fill a specific duty position on an aircraft type.

American Airlines is in a bind because it does not have enough pilots to fly its planes. Its goal for 2022 is to hire 2,200 new pilots, and that rate of 180 per month is stretching its people and technical resources to the limit.

The airline has more than 900 aircraft, dominated by Airbus and Boeing narrowbodies. Planespotters.net data shows 452 Airbus A319 and A320 family aircraft and 345 Boeing 737s, including 42 MAX 8. The balance consists of 46 Boeing 787 and 67 Boeing 777 widebodies.

What is this dispute all about?

This dispute contests who can fill the second seat in the simulator when a pilot is undergoing an LOE, but the usual pairing is unavailable. The LOE is designed to recreate the actual flying experience, so the simulator session requires both a captain and a first officer, although only one is under evaluation.

When the usual pairing is unavailable, another pilot serves as a 'seat filler.' With the flight being as realistic as possible in sometimes trying situations, the seat filler must act just as they would in an actual flight.

However, they can't play too active a role in correcting or instructing the pilot being evaluated. It's important to note that even if the seat filler is a captain, they are not in command of the simulator nor flying the aircraft.

Simple Flying contacted American, who expressed their disappointment at being sued by the APA. In a statement supplied to Simple Flying, the airline said:

"This program is designed to give line pilots the opportunity to support the flight training simulator program, which is good for our pilots and provides even more training capacity to support continued growth. The pilots volunteering are highly qualified and experienced, and are responsible for the safety of our customers and fellow crew members every day."

Simple Flying also contacted the Allied Pilots Association, and we will update the article with any response. It issued a highly critical statement about the proposed changes and how American is attempting to alter the employment agreement. APA President Capt. Eric Ferguson said:

"This unilateral action by American Airlines management degrades the training experience and risks long-term damage to the airline's safety culture. For the long-term success of our airline the APA cannot tolerate this sudden and shocking degradation in our relationship with management."

What does American want to change?

Established practices at American have been for a check pilot, one not doing the evaluation, to take the seat filler role. The airline says using check pilots this way is not set in stone.

American wants to offer line captains and first officers the (paid) opportunity to seat-fill on day 10 of the evaluation. Line pilots would volunteer to forgo days off to fill this role.

The APA objects to American making these changes 'unilaterally' and wants the proposal to be included in discussions for a new collective bargaining agreement.

The APA filed documents on April 14 seeking an injunction requiring American to reinstate the conditions for Check Airmen before being unilaterally changed by the airline.

With all the other issues American is currently facing, this is one battle it could do without.

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