and within the limits of RLA, the company has the right to present it side, and then a secret vote can take place.
May 22, 2007
To our fellow SkyWest pilots,
Today, May 22, 2007, the SkyWest Pilots ALPA Organizing Committee and several of your fellow pilots brought suit against SkyWest Airlines to compel the carrier to obey the principles of the Railway Labor Act with respect to employee free choice and union solicitation. The SkyWest Pilots ALPA Organizing Committee was not eager to bring this litigation. Regrettably, though, management has made it quite plain that it intends to restrict and discriminate against lawful organizing activity in ways that are completely unacceptable.
The rules governing union organizing have been developed by the Courts and the National Mediation Board (NMB) over the course of many years. Under those rules, discussions concerning union representation and solicitation of support on behalf of a union can be restricted on work time and in work areas, but, in normal circumstances, cannot be prohibited in break areas among persons who are not on company time or are not being called upon to perform duties for the company. Of even greater significance, the company cannot impose restrictions on ALPA supporters that it does not impose on other employees soliciting for or discussing other organizations, causes, or interests.
Under these rules, management has freely communicated its view that the pilot workforce does not need ALPA or any other union. Officials of the SkyWest Airlines Pilots Association (SAPA) have done the same, and have also freely discussed the terms of past agreements they reached with the company in break rooms, on company bulletin boards, and via e-mail. In fact, under the FOM, SkyWest pilots are required to read the emails SAPA distributes.
You are entitled to read and hear these opinions and gather any information distributed by SAPA or management. But, you are also entitled to have access to information from ALPA and its supporters on exactly the same terms and conditions. That was the basis for the letter we sent to Brad Holt, VP of Flight Operations, on March 15, 2007. In it we requested that management do the following:
- Allow us to post SkyWest Pilots ALPA Organizing Committee material on company bulletin boards
- Give the Organizing Committee a dedicated bulletin board in every location where SAPA has a dedicated bulletin board
- Allow crewmembers to wear ALPA insignia lanyards on uniforms
- Allow crewmembers to wear ALPA pins in the same manner SAPA pins are allowed
- Give us the same access to training classes, crew rooms, and company facilities that has been provided to SAPA, including dedicated time with new-hire indoctrination classes, access to distribute e-mails to pilots via skywestonline.com, and access to pilot V-files for distribution of material
- Grant written permission to distribute literature in crew rooms
- Advise the chief pilots and the entire pilot group that management will allow us to choose who, if anyone, will be our collective bargaining representative without any interference from management
All that we seek in this litigation are the same privileges and opportunities; neither ALPA nor any individuals are seeking any financial benefit from this action. We regret that the company's actions in setting special rules restricting access to communications and information from the Organizing Committee made this lawsuit necessary.
We attempted to reach out to SkyWest management on a number of occasions to resolve these issues prior to litigation. After being ignored by the local management, we sent the letter to Brad Holt mentioned on the previous page, which outlined our concerns. When Brad did not respond, we followed the letter with a phone call to him on April 12. Brad's response was delivered by Todd Emerson, general counsel for Operations, who informed us that SkyWest management would not grant us the access we requested and believe is required by the Railway Labor Act. At that point, we made the difficult decision to pursue litigation as a last resort.
We hope that you understand the reasons behind this litigation and use this opportunity to ask any questions you might have about representation, ALPA, or the litigation itself.
In Solidarity,
The SkyWest Pilots ALPA Organizing Committee
www.skywestalpa.org
1-888-SKY-ALPA
May 25, 2007
Judge’s Order Affirms SkyWest Airlines Pilots’ Right to Organize
San Francisco, CA — On May 22, 2007, in the U.S. District Court for the Northern District of California, the SkyWest Pilots ALPA Organizing Committee filed suit against SkyWest Airlines, Inc. to prevent the carrier from interfering with SkyWest pilots’ right to organize under the Railway Labor Act. The Organizing Committee is working with the Air Line Pilots Association, International (ALPA) to gain union representation for SkyWest pilots.
“I applaud the members of the SkyWest Pilots ALPA Organizing Committee for their courage in demanding their federal rights to freely discuss and learn more about ALPA and the benefits of union representation,” said ALPA President Captain John Prater. “Under the rules governing union organizing, SkyWest pilots are entitled to distribute and receive information from ALPA and its supporters on exactly the same terms and conditions that they have received information from management and their in-house pilot committee. ALPA stands behind the Organizing Committee’s desire to discuss with their colleagues ALPA’s possible role in their professional futures,” he added.
The same day the lawsuit was filed, the Court issued a temporary restraining order requiring SkyWest to allow Organizing Committee members and their supporters to express their support for ALPA and the organizing campaign by wearing ALPA insignia on lanyards or pins and to distribute ALPA materials in non-work areas such as crew lounges and bulletin boards. The temporary restraining order also required SkyWest to provide members of the Organizing Committee with access to the same channels of internal communication to the pilot group that are now and have been available to the internal pilots committee funded completely by management.
Yesterday, May 24, 2007, the SkyWest Pilots ALPA Organizing Committee fought back a challenge from SkyWest Airlines on the right of SkyWest pilots to communicate freely about the organizing campaign without interference from or discrimination by the company. Despite an opportunity to present its case to the judge, SkyWest Airlines was unable to persuade the Court that the temporary restraining order should not remain in effect.
Following the hearing, the Court issued a revised order continuing the protections which enable SkyWest pilots to freely express their views about the organizing campaign. This order will remain in effect until the hearing on the SkyWest Pilots ALPA Organizing Committee’s request for a preliminary injunction. That hearing has been set for Thursday, May 31, 2007 at 9:00 a.m. (PDT).
June 29, 2007
SkyWest Pilots Score another Legal Victory
Court Issues Preliminary Injunction Upholding Pilots’ Right to Organize
San Francisco, CA — On June 27, 2007, the U.S. District Court for the Northern District of California issued a preliminary injunction upholding SkyWest Airlines pilots’ federal rights to discuss and learn more about the Air Line Pilots Association, International (ALPA) and the benefits of union representation, and finding that the company had unlawfully interfered with those rights. The SkyWest Pilots ALPA Organizing Committee is working with ALPA to gain union representation for SkyWest pilots.
“This injunction is a great victory for SkyWest pilots,” said ALPA President Captain John Prater. “It will empower them to take ownership of their lives through access to information that can further their professional futures. ALPA stands ready to help the Organizing Committee in whatever capacity needed to foster additional wins for workers rights.”
The preliminary injunction allows SkyWest pilots to continue to wear ALPA lanyards, talk about ALPA openly, and distribute ALPA-related materials on non-work time in non-work areas such as the crew lounge and bulletin boards—all rights which the company has sought throughout this process to deny.
The Court concluded that the Organizing Committee had made a strong showing that SkyWest management has unlawfully interfered with the federal right of SkyWest pilots to organize. In its opinion, the Court also addressed SkyWest’s funding of its in-house pilot organization. Although the Court declined to order SkyWest to cease funding immediately, it did indicate that management’s 100 percent funding of the organization almost certainly violates the Railway Labor Act. 
