Got this from a Flexjet pilot. Interesting - we had management guys here at Netjets get fired recently for similar actions against our pilots.
August 25, 2015
Fellow Flight Options and Flexjet Pilots,
In an article published in Aviation International News (AIN) on August 20, 2015, Kenn Ricci is quoted as saying the
following about Arbitrator Josh Javits’ decision to return three illegally fired Flexjet pilots back to work and make
them whole for any economic losses they suffered:
“We strongly disagree with the conclusions of arbitrator Joshua Javits that the dismissal of the three pilots was
the result of retaliation for protected behavior,” said Flexjet chairman Kenn Ricci. “In reality, the three pilots
were terminated for using abusive and intimidating tactics against their fellow Flexjet pilots that run counter to
the terms of their employee contract.”
Seriously??? We have read Arbitrator Javits’ very detailed decision. Mr. Javits—a former President Reagan
appointee to be Member and Chair of the National Mediation Board (NMB)—is one of the most distinguished and
respected Arbitrators in the entire country. He is a recognized labor law scholar and former adjunct professor at the
prestigious Georgetown University Law Center. He participates in over 40 neutral arbitration panels and has
arbitrated over 2000 cases. Javits began his career as a trial attorney with the National Labor Relations Board
(NLRB) and has represented both labor unions and management at different times in the past. He recently served as
Chair of the Grievance Committee of the International Monetary Fund. (Look him up on the Internet.) Who is Kenn
Ricci to question this esteemed man’s judgment?
The Arbitrator determined that Ricci and his management team had violated federal law by firing three pilots who are
members of the Flexjet Pilots Organizing Committee (FJ-POC) for exercising their rights to engage in protected
activity under the Railway Labor Act (RLA). He saw management’s tactics for what they really were and stated:
“All of the evidence suggests that the Carrier’s actions were, at least in part, motivated by anti-union
animus…the Carrier violated the protections of the RLA by discharging three (3) strongly pro-union pilots in the
middle of a union-organizing drive. There was no cause for the Carrier’s actions…the Carrier’s discharges of
the Employees were unlawful because they were based on retaliation for what was a protected activity.”
He further stated:
“It appears that Carrier management was not consistent in how it applied Social Media policy to those subject to
it. To summarily discharge two (2) relatively long-term employees for posting mildly critical comments while at
the same time tolerating anti-union comments that were just as offensive satisfies the Arbitrator that Captain
Macek and F/O Regan were subject to disparate treatment.”
Once again, Ricci has been caught grossly misrepresenting the facts in public, just like he previously embellished
several other subjects, such as his “military trained” background. After losing the arbitration, Ricci now fabricates
things that never happened in an attempt to camouflage his illegal actions. During the entirety of this litigation, the
company contended Capt. Scott Macek and F/O Kevin Regan were fired because of what they posted on Yammer on
January 28, 2015. Management argued the posts were “disrespectful of Chairman Ricci.” On the day they were
fired, both pilots were told it was because they were “unhappy.” Now, Ricci claims these pilots did something else,
altogether.
As you can see from the attached Timeline of Yammer and e-mail evidence presented at the arbitration hearing, the
knee-jerk decision to fire Macek and Regan was made by Ricci, himself. The entire decision process from start to
finish took only about five hours for him to tell his underlings, “…we need to let these two guys go.” No hearings, no
due process, no thorough investigation, not even the unfair procedures “guaranteed” by Flexjet’s Yellow-Dog
crewmember employment agreements—just his imperial decree.
The company’s attorneys consistently argued at the hearing and in their legal briefs that management fired Macek and
Regan for Yammer posts considered “over the line.” However, the evidence is quite clear—management had gotten
wind of the pending organizing drive and Ricci decided to do what he could to stop it, just like he had done more than
ten years ago right after the TravelAir/Flight Options merger. As was previously reported, he fired five pilot
organizers in 2002—Flight Options eventually paid very hefty sums of hush money to settle the ensuing federal
lawsuit.
In his book, Management by Trust, this is how Ricci describes the termination process:
"One of the most difficult decisions any company or manager must face is when to let an employee go…Because
they are such emotional issues, involving the career of someone who may be supporting an entire family on the
salary that you pay, it is essential that you base such decisions on sound and consistent reasoning.”
Is a mere five hours sufficient time for “sound and consistent reasoning?” Hardly. This was a calculated
assassination. As was stated by the Arbitrator in his award, the terminations were “designed to send a chilling
message to pilots who were strongly supportive of the IBT’s organizing drive.” So, what did Ricci do after the
terminations he ordered were reversed because they were not only unfair, but illegal? Did he ask forgiveness for
attempting to destroy these pilots’ careers and ruin the lives of the families that depend upon them? No, instead he
went back on the attack and publically misrepresented the facts.
In one of his e-mails, Ricci described his decision to fire Macek and Regan this way: “I know it is fodder for the
Union...” There it is in black and white—the proverbial “smoking gun” in Ricci’s hand! He fired Macek and Regan
for their union activity and, as he went on to state in the attached e-mail, he expected “the seniority integrati[o]n
issue can be driven home” to mitigate any adverse reaction from the pilot group. I couldn’t make up this kind of
arrogance and deceit, even if I wanted to.
If there was ever any doubt in your mind that Ricci and others in his senior management team cannot be trusted, here,
once again, is proof positive. The evidence is not only overwhelming, it is compelling and irrefutable. It should
convince every Flight Options and Flexjet pilot that we need a strong Union to protect ourselves from the vicious and
unscrupulous people that are running this company? Obviously, Ricci and his management team believe the rules
that the government expects the rest of us to live by do not apply to them. If they get caught doing something
wrong—such as violating federal law—they just rewrite history to match Ricci’s “vision” and distorted view of
events.
Management’s repeated failures to tell the truth reminds me of the following quote from Adolf Hilter, “If you tell a
big enough lie and tell it frequently enough, it will be believed.”
August 25, 2015
Fellow Flight Options and Flexjet Pilots,
In an article published in Aviation International News (AIN) on August 20, 2015, Kenn Ricci is quoted as saying the
following about Arbitrator Josh Javits’ decision to return three illegally fired Flexjet pilots back to work and make
them whole for any economic losses they suffered:
“We strongly disagree with the conclusions of arbitrator Joshua Javits that the dismissal of the three pilots was
the result of retaliation for protected behavior,” said Flexjet chairman Kenn Ricci. “In reality, the three pilots
were terminated for using abusive and intimidating tactics against their fellow Flexjet pilots that run counter to
the terms of their employee contract.”
Seriously??? We have read Arbitrator Javits’ very detailed decision. Mr. Javits—a former President Reagan
appointee to be Member and Chair of the National Mediation Board (NMB)—is one of the most distinguished and
respected Arbitrators in the entire country. He is a recognized labor law scholar and former adjunct professor at the
prestigious Georgetown University Law Center. He participates in over 40 neutral arbitration panels and has
arbitrated over 2000 cases. Javits began his career as a trial attorney with the National Labor Relations Board
(NLRB) and has represented both labor unions and management at different times in the past. He recently served as
Chair of the Grievance Committee of the International Monetary Fund. (Look him up on the Internet.) Who is Kenn
Ricci to question this esteemed man’s judgment?
The Arbitrator determined that Ricci and his management team had violated federal law by firing three pilots who are
members of the Flexjet Pilots Organizing Committee (FJ-POC) for exercising their rights to engage in protected
activity under the Railway Labor Act (RLA). He saw management’s tactics for what they really were and stated:
“All of the evidence suggests that the Carrier’s actions were, at least in part, motivated by anti-union
animus…the Carrier violated the protections of the RLA by discharging three (3) strongly pro-union pilots in the
middle of a union-organizing drive. There was no cause for the Carrier’s actions…the Carrier’s discharges of
the Employees were unlawful because they were based on retaliation for what was a protected activity.”
He further stated:
“It appears that Carrier management was not consistent in how it applied Social Media policy to those subject to
it. To summarily discharge two (2) relatively long-term employees for posting mildly critical comments while at
the same time tolerating anti-union comments that were just as offensive satisfies the Arbitrator that Captain
Macek and F/O Regan were subject to disparate treatment.”
Once again, Ricci has been caught grossly misrepresenting the facts in public, just like he previously embellished
several other subjects, such as his “military trained” background. After losing the arbitration, Ricci now fabricates
things that never happened in an attempt to camouflage his illegal actions. During the entirety of this litigation, the
company contended Capt. Scott Macek and F/O Kevin Regan were fired because of what they posted on Yammer on
January 28, 2015. Management argued the posts were “disrespectful of Chairman Ricci.” On the day they were
fired, both pilots were told it was because they were “unhappy.” Now, Ricci claims these pilots did something else,
altogether.
As you can see from the attached Timeline of Yammer and e-mail evidence presented at the arbitration hearing, the
knee-jerk decision to fire Macek and Regan was made by Ricci, himself. The entire decision process from start to
finish took only about five hours for him to tell his underlings, “…we need to let these two guys go.” No hearings, no
due process, no thorough investigation, not even the unfair procedures “guaranteed” by Flexjet’s Yellow-Dog
crewmember employment agreements—just his imperial decree.
The company’s attorneys consistently argued at the hearing and in their legal briefs that management fired Macek and
Regan for Yammer posts considered “over the line.” However, the evidence is quite clear—management had gotten
wind of the pending organizing drive and Ricci decided to do what he could to stop it, just like he had done more than
ten years ago right after the TravelAir/Flight Options merger. As was previously reported, he fired five pilot
organizers in 2002—Flight Options eventually paid very hefty sums of hush money to settle the ensuing federal
lawsuit.
In his book, Management by Trust, this is how Ricci describes the termination process:
"One of the most difficult decisions any company or manager must face is when to let an employee go…Because
they are such emotional issues, involving the career of someone who may be supporting an entire family on the
salary that you pay, it is essential that you base such decisions on sound and consistent reasoning.”
Is a mere five hours sufficient time for “sound and consistent reasoning?” Hardly. This was a calculated
assassination. As was stated by the Arbitrator in his award, the terminations were “designed to send a chilling
message to pilots who were strongly supportive of the IBT’s organizing drive.” So, what did Ricci do after the
terminations he ordered were reversed because they were not only unfair, but illegal? Did he ask forgiveness for
attempting to destroy these pilots’ careers and ruin the lives of the families that depend upon them? No, instead he
went back on the attack and publically misrepresented the facts.
In one of his e-mails, Ricci described his decision to fire Macek and Regan this way: “I know it is fodder for the
Union...” There it is in black and white—the proverbial “smoking gun” in Ricci’s hand! He fired Macek and Regan
for their union activity and, as he went on to state in the attached e-mail, he expected “the seniority integrati[o]n
issue can be driven home” to mitigate any adverse reaction from the pilot group. I couldn’t make up this kind of
arrogance and deceit, even if I wanted to.
If there was ever any doubt in your mind that Ricci and others in his senior management team cannot be trusted, here,
once again, is proof positive. The evidence is not only overwhelming, it is compelling and irrefutable. It should
convince every Flight Options and Flexjet pilot that we need a strong Union to protect ourselves from the vicious and
unscrupulous people that are running this company? Obviously, Ricci and his management team believe the rules
that the government expects the rest of us to live by do not apply to them. If they get caught doing something
wrong—such as violating federal law—they just rewrite history to match Ricci’s “vision” and distorted view of
events.
Management’s repeated failures to tell the truth reminds me of the following quote from Adolf Hilter, “If you tell a
big enough lie and tell it frequently enough, it will be believed.”
