Former SkyWest pilot sues company

[JJJ]

By Glen Warchol
The Salt Lake Tribune

A former SkyWest pilot is suing the St. George-based airline in federal court, alleging he was fired last year because he was a union organizer.
The lawsuit, filed Wednesday in U.S. District Court, alleged David Andrew Callaway was fired in October in violation of federal law protecting employees attempting to organize fellow workers into a labor union.
The suit also alleges SkyWest managers violated federal electronic communication law in accessing a pilots' Web site to monitor Callaway's union activities.
Todd Emerson, SkyWest director of legal affairs, denied Callaway's allegation that he was fired for union activity. Emerson said he was unaware of the Web site allegation until he saw the lawsuit.
Despite ongoing organizing efforts, SkyWest pilots are not represented by a union. Callaway said he was on an organizing committee when the Air Lines Pilot Association unsuccessfully tried to unionize the pilots in 1999 and 2000.
"They are targeting organizers," Callaway said in an interview. "Six other people, all involved in the organizing committee, were targeted for disciplinary procedures."
After failing to find a problem with Callaway's job performance, SkyWest fired the pilot because he had gone through small claims court to collect a debt owed to him by a SkyWest flight attendant, the suit said. "SkyWest saw this as an opportunity to get rid of someone who was involved in organizing activities."
Emerson said the company never interfered with Callaway's right to collect his debt, other than asking him to do it outside of the workplace

 

[350DRIVER]

I just wonder what kind of "debt" the fa owed him? (no sarcasm intended). On a more serious note hopefully what is fair will be determined.


3 5 0

 

[Capt. Tex]

And this folks, is why we need unions....

 

[bobbysamd]

SkyWest union organizing

I'm not a lawyer or work in labor law, but I have studied it. This pilot might have a case.

Under the National Labor Relations Act, it is an unfair labor practice for companies to terminate employees who want to unionize:

What Are Your Rights As An Employee Under the NLRA?

Examples of Your Rights As An Employee Under the NLRA Are:

* Forming, or attempting to form, a union among the employees of your employer.

* Joining a union whether the union is recognized by your employer or not.

* Assisting a union in organizing your fellow employees.

* Engaging in protected concerted activities. Generally, "protected con- certed activity" is group activity which seeks to modify wages or working conditions.

* Refusing to do any or all of these things. However, the union and employer, in a State where such agreements are permitted, may enter into a lawful union-security clause requiring employees to join the union.

The NLRA forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or engaging in concerted activities, or refraining from any such activity . . . .

(emphasis added)

Same for the Railway Labor Act, under which airlines operate:

Employees shall have the right to organize and bargain collectively through representatives of their own choosing. The majority of any craft or class of employees shall have the right to determine who shall be the representative of the craft or class for the purposes of this chapter. No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees . . . .

This also sounds like a wrongful termination case because he was canned allegedly because he sued the FA. SkyWest asked him to collect the debt outside the workplace; small claims court is certainly outside the workplace. Unfortunately, wrongful termination cases are very hard to prove. It's very much a case of your word against theirs, and no employer will declare in documentation that someone was fired for union organizing activities. And, obtaining corraborating testimony is tough. The company certainly won't say why, and fellow employees will be afraid to testify because they don't want to lose their jobs.

I'd like to see this guy put it to SkyWest, though he may as well kiss the rest of his airline career good-bye. He will always be a marked man.

 

[azdriver]

Always thoughtful reply from Bobby. I hope the fellow pilot get his job back.

cheers
Azdriver

 

[Resume Writer]

And this folks, is why we need unions....

Tex,

I was in the union when I was an FA. The union would not have been able to stop him from getting fired - especially if Utah is a Right To Work state. The company will just take their chances because the process is long and drawn out.

If you are a member of a union, you know that there is a grievance process. There is Step 1, Step 2, System Board of Adjustment and then Arbitration. Almost always in step 1 and 2 (which usually is direct manager (step 1) and then department head (step 2)), the company will say the person does not have a case and send it to the next level. Perhaps in System Board (comprised of 2 union members, 2 people from the company, and supposedly an objective third party) they might offer the job back, but usually it is with several almost impossible stipulations.

If the person does decide to go to arbitration with their case, then they get in line behind every other person with a grievance. The whole process takes about 2-3 years. I watched several cases at my company where pilots and FA's were out of work for 3 years or more during this process and very few of them got backpay. Some got their jobs back and others did not.

The company banks on the fact that people do not have the staying power or money to fight the fight. Even though you are represented by the union lawyers and do not have to pay them, you still need to support your family. If you file for unemployment, the company will deny it. If you appeal and you get a decision in your favor, the company will continue to appeal in that process also. By not appealing, they are admitting culpability.

In this case, the guy is probably lucky that he was not in the union at the time, because his case might get settled faster. There are not all the steps to go through. Although, he can be rest assured that the company will file ridiculous motions to delay the trial if possible. If they get too much press, they will most likely settle. The press is what scares the company, and usually the union proceedings are highly secretive, so not being in the union at the time may actually help him to either get his job back faster or settle for a monetary amount.

Like Bobby said, he is now a marked man - whether he gets his job back or settles and tries to go to another airline. If he indeed got fired because of the small claims action, I agree with Bobby that he has a good wrongful termination case. I believe the burden of proof will be on the company to prove why he was fired. But rest assured, the FA in question will be called to testify perhaps saying that he harassed her on company property. Maybe he did - we will never know. It will boil down to who has the more credible witnesses.

The company waited long enough to fire him, which he will have a hard time linking it to the union organizing, since that was 4-5 years ago. (unless he was still engaged in trying to get ALPA on the property) His best bet will be to establish that his activities were ongoing with the union organizing.

I am not a lawyer either, but when I was in HR in my first company, I never lost an unemployment hearing because I documented everything, down to the actual company policy violated. In addition, there are certain policies in any company which will dictate automatic termination. These policies are in writing and maybe not every employee will get a copy, but you will have signed a paper stating you read the procedures. The company is required though to make those policies available to you upon demand. A union agreement does not always address company policies; it is usually only work rules. Know your company policies as well.

One word of advice to employees - do not ever sign any kind of disciplinary action statement. Although the form says that "signature does not necessarily mean agreement," if you sign it, it will show that you understood the ramifications of further wrongdoings on your part. The line I put in every disciplinary action was, "if (employee name) has another violation of (infraction), disciplinary action will be taken, up to and including suspension and/or termination."

 

[JungleJett]

Capt. Tex,

Nice avatar. What branch of service are you in? Do you fly in the military??

TG

 

[bobbysamd]

Don't sign ANYTHING if you're terminated

One word of advice to employees - do not ever sign any kind of disciplinary action statement. Although the form says that "signature does not necessarily mean agreement," if you sign it, it will show that you understood the ramifications of further wrongdoings on your part. The line I put in every disciplinary action was, "if (employee name) has another violation of (infraction), disciplinary action will be taken, up to and including suspension and/or termination."

Thanks, Kathy.

Probably two people will be present at a termination meeting. One lowering the axe and the other as a witness. That's a hell of a lot of duress. Do not give in. If you are under pressure to put some ink on paper, walk out. For unemployment purposes, they could argue that you quit or resigned. You actually were being asked to resign, which is the same as being fired. Your signature will not be on the paper, so nothing can be proved or disproved. If you cannot walk out, write a statement saying that you disagree with each and every point and that you are writing your signature under pressure.

 

[bobbysamd]

SkyWest

I hope the fellow pilot get his job back.

Why would he want to work there, after the way he's been treated? I hope he gets on with a with a better company.

 

[Resume Writer]

Re: Don't sign ANYTHING if you're terminated

Thanks, Kathy.

Probably two people will be present during a termination meeting. One lowering the axe and the other as a witness. That's a hell of a lot of duress. Do not give in. If you are under pressure to put some ink on paper, walk out. If you cannot, you can write a statement saying that you disagree with each and every point and that you are writing your signature under pressure.

Exactly Bobby. I always had a witness in termination meetings that never said a word, just sat there. Also, if forced to sign anything, you can always put the initials S.U.D. - signed under duress. Just casually put it behind your signature, just legible enough to be discerned later. Most people will think you are just putting something else behind your name if you do it right...

 

[bobbysamd]

S.U.D.

Also, if forced to sign anything, you can always put the initials S.U.D.

I like that!! Thanks, Kathy.

 

[mar]

The sad reality

To the question: Why would he want his job back anyway?

I would answer: Because it's one of the better jobs out there right now.

Does that mean I think he's foolish for trying to organize?

Not exactly, there can be fine line between bravery and foolishness however.

Still, he had a right to organize and is entitled to his job.

I'm somewhat sympathetic because I had given some serious thought to organizing at a former employer of mine. I was convinced that if I did so I would be terminated (they would find a reason).

I'm under the impression that to successfully organize it takes a serious team with a few who are willing to sacrifice themselves over a period of time for the "cause."

Thus, a pattern of sackings can be established and then the defense is more tenable.

It doesn't really matter what the law is in this case as it's already been established it's difficult (almost impossible) to prove wrongful termination.

 

[FlyingSig]

Re: Re: Don't sign ANYTHING if you're terminated

I always had a witness in termination meetings that never said a word, just sat there.

Just curious how many termination meetings have you had to bring a witness to?

 

[Resume Writer]

Re: Re: Re: Don't sign ANYTHING if you're terminated

Just curious how many termination meetings have you had to bring a witness to?

FlyingSig,

Termination meetings are the end to a long documentation process. Most times people correct the problem and it does not come to termination. However, just as a side note, whenever I brought anyone in for counseling to correct a problem, I ALWAYS had someone in the meeting as a witness for legal reasons. For an employer to not have someone in there is suicide.

As far as the numbers go, actual terminations were probably around 20 in 3 years. The company I worked for at that time had only around 1000 employees. Meetings prior to the termination meetings were a great deal higher, because we were required to document the incidents that happened. Terminations are not fun. They are very scary in some instances. All you have to do is look to the news with someone going postal on the person firing them. It can be a very demeaning process for the employee if not handled correctly. Hopefully when people do get terminated it is not because an employer had something out for them. (that happens a lot) It should be based upon facts of actual wrongdoing. I always tried to keep the person's dignity in tact because to not do so can be very humiliating for the person on the receiving end.

On another note, most times as an employee you have the right to have someone present on your behalf. (check your state laws) As a union member, most likely in your contract it states that you may be represented by your union in any disciplinary action meetings. I would always suggest that you bring someone with you.

 

[UpNDownGuy]

HMMMMM.....

Kathy- With all due respect, I think the reason for a delay of 2-3 years is that you were operating under a FA contract, and a really bad one at that...

Most pilots contracts contain procedures for discharge that are seperate from normal grievance procedures. Cases involving discharge are automatically appealed to the complete System Board, with a Neutral Arbitrator. I was a pilot negotiator for a regional airline, and our contract even went as far as limiting the Arbitrator to 15 days to deliver a decision. Total time from discharge to re-instatement was typically 30-35 days (for those pilots who won their cases, obviously).

Years before I was a negotiator, I was one of the main organizers of the union at that same regional. We initially did all our organizing in secret. Eventually you have to go public with the identities of the organizers, for a couple of reasons. One is that the pilots need to have a face to put on the "union." Until the pilots know who is organizing, management propaganda will be all about the Evil, Outsider Union Who Only Wants Your Dues Money. When you declare the identities, the pilots can say "I've flown with Jimmy Joe...I respect him and his opinion, and he's one of the organizers...Maybe I'd better go listen.." Basically, you're putting your personal reputation up against management's reputation. The second reason to go public is that it actually affords you some protection against retaliation from management. All airlines have to comply with the Railway Labor Act, regardless of whether the company is based in a Right-To-Work state or not. That being said, some companies blatantly ignore the law, as Skywest has done. I was lucky enough to be chosen as one of the 2 pilots to hand deliver our "coming out" letter to managment, which contained the names of the organizers and a formal declaration of our intent to organize under ALPA. I calculated the odds about 50-50 that they would immediately fire every person whose name appeared on that letter. Thankfully, they didn't, and we eventually won the election.

This situation is pretty obvious to me. By their blatant disregard for the law, Skywest has proven beyond all doubt that a union is needed there.

 

[Resume Writer]

UpnDown,

Do not get me wrong, I believe that unions have their place. But the instances I referred to were pilots and FA's. In the FA contract, it stated that the company had xx number of days to respond to requests. Those were blatantly being ignored.

One person was a union organizer and very outspoken and it took him over 3 years to get his job back with no pay. (pilot) The other case I can think of off hand was an FA whose husband was trying to organize another work group. They got her for a drug test. Turns out that the drug test was incorrect, but it took over three years to get her job back. She did get back pay. I have a friend right now who was fired because they say he got back to the airplane less than 30 minutes prior to departure. His case is now going on 7 months and will not see arbitration for at least another two years. In any of these cases, the union could not stop these people from being fired. If they want to fire, they will and take their chances. I guess they figure it is a betting game.

If you worked for a company that had expedited arbitration, that is wonderful. I wish all contracts had that provision. I would agree that the contract we had was not solid in that area. It was a first contract though, so that may be why. I was not on the negotiations committee.

 

[Dave Benjamin]

Re: HMMMMM.....

This situation is pretty obvious to me. By their blatant disregard for the law, Skywest has proven beyond all doubt that a union is needed there.

Is this view based on what you read in a single newspaper article? They haven't even been to court yet. Seems a bit early to jump to a conclusion. A while back there was an article about another ex-SkyWest pilot suing the company for alleged sexual harrassment. Would you take that example to mean that all SkyWest pilots are guilty of sexual harrassment?

 

[sat74]

I have some old friends at Skywest that are quite familiar with this case. One thing that I find interesting is that they apparently fired the FA a few months ago after her wages were garnished from the small claims suit and for skipping out on incidental charges run up at hotels!

Now, if bringing a small claims lawsuit and garnishing her wages is considered harassment at Skywest, then the whole court system in America is in trouble!

Sounds like a good case and good timing though with the current union vote underway! I hope he wins and can return to an organized pilot group.

 

[Skyboss]

SkyWest treats their people better than anyone in the business. Union organizer or not, this is horse crap. The primary reason SkyWest doesn't have a union is because they treat people right. There's more to this. SkyWest doesn't just chit can people.

SkyWest... A reason not all airlines need unions.

SkyWest has had union votes before. Obviously, success has been non-existant. What, a bunch of layed off mainline pilots wanna suck a regional for everything they've got???

 

[Erlanger]

The story is that he asked her to go to Spain for a week, with all expenses paid because he had an interest in her. Well she went and when he did't get what he wanted, he asked for the money back. She refused and he sent her multiple inappropriate emails on company computers because she ignored him, would't return phone calls, etc. She took those emails to management. They had the proof and he got fired.
Yes, he was very active with trying to get a union on property.
As a matter of fact, the union organizers asked him to withdraw from being involved because he was to radical and they thought he would be a hinderance.