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Pilots Seek Judgment For Illegal Firings In Organizing Dispute
Pilots Fired for Legal Activities Seek
Judgment Against Raytheon-Owned Airline
September 22, 2003
(Washington, D.C.) - Four pilots are suing their employer, Flight
Options, LLC, for firing them in retaliation for their union organizing
activities. They filed a motion for summary judgment against the company
in the Federal District Court in Cleveland, Ohio. The case is Thomas
Bowden, et al. vs. Flight Options, LLC, Case No. 02-1768.
Their employer, following the merger of Flight Options and Raytheon
Travel Air in March 2002, fired the pilots, Thomas Bowden, William
Brunet, Thomas Jeter and William Tumlin. Flight Options is now
majority-owned by a Raytheon subsidiary. The pilots were members of the
Raytheon Travel Air union organizing committee that attempted to
unionize the pilots of RTA with the Teamsters through a campaign that
resulted in an election before the National Mediation Board in January
2002.
"These pilots were leaders in the Teamsters union effort at Raytheon
Travel Air," said Don Treichler, Director of the Teamsters Airline
Division. "They are all skilled, veteran pilots. Their professionalism
cannot be disputed. Flight Options' reasons for firing them are
completely without merit. Discovery in the case has confirmed what we
knew - that these skilled professionals were fired because they
supported the union at Travel Air."
Discovery in the litigation revealed that Flight Options targeted the
pilots for firing. An e-mail circulated among its managers in March 2002
shows them scheming to manufacture grounds for terminating the
plaintiffs and stating that they needed to change the reasons for firing
Bowden because he had not yet attended an indoctrination session at
Flight Options headquarters. Bowden was not terminated until late June
2002 and the alleged grounds for discharge did not occur until months
after the March 2002 e-mail.
Discovery also uncovered a blacklist of pilots compiled by a Flight
Options manager on which the plaintiffs' names were marked. Another
Flight Options manager who had been a manager at Travel Air testified
that the employer asked Travel Air managers to identify troublemakers
among the Travel Air pilots and that the plaintiffs' names were marked
on that blacklist.
Evidence shows that former Flight Options CEO Kenn Ricci engaged in a
concerted anti-union campaign to defeat the Travel Air union election.
The campaign involved intelligence gathered on the Teamster organizing
effort; Ricci's monitoring of pilot Internet communications regarding
the union; interrogation by Ricci of pilots about their opinions on the
union; and threads by Ricci regarding what would happen if the union
were voted in. Ricci admitted in a deposition that his anti-union
campaign occupied most of his time following the December 2001
announcement of the merger and leading up to the January 17, 2002 ballot
count.
Evidence also shows Ricci made repeated statements that it was legal for
him to fire pilots for organizing with a union. An August 2002 e-mail
message by Ricci stated that Flight Options had a policy against hiring
pilots from unionized carriers.
In March 2002, Ricci threatened the pilot who served as the telephone
hotline "Voice of the Union" during the RTA union election that he
should not engage in organizing activity at Flight Options. That pilot
left Flight Options to take a position at Teamster-represented NetJets.
The evidence revealed clearly that Flight Options knew the plaintiffs
were the union activists among the Travel Air pilots and that Flight
Options was hostile to union supporters and retaliated against them.
Flight Options asserted unwarranted grounds for the discharge of the
pilots. Management was unable to produce a single manager who could
testify to the conduct of Jeter and Tumlin that allegedly led to their
firing. Flight Options managers contradicted themselves as to the
reasons for Brunet and Bowden's terminations. Two Flight Options
managers denied that Brunet engaged in the conduct during an
indoctrination session for which he was allegedly fired. Ricci testified
that he fired Brunet for "bad body language," but never discussed the
matter with Brunet. Flight Options asserted four different stories as to
why they fired Bowden - stories which proved untrue. The Flight Options
e-mail targeting Bowden for termination months prior to any of these
alleged events shows that the company sought any pretext to fire him.
"It is unusual for plaintiffs to seek summary judgment in a lawsuit but
here the evidence is so strong that we think it demands judgment in
favor of the plaintiffs," said the plaintiffs' attorney, William Wilder
of Baptiste & Wilder, P.C. in Washington, D.C.
Flight Options will have until October 15, 2003 to file its response to
the plaintiffs' motion. The court will likely rule on the motion in
November 2003. Trial is currently set for early December 2003 in
Cleveland, Ohio.
Founded in August 1903, the International Brotherhood of Teamsters is
celebrating its 100-year anniversary as a representative and advocate
for working families.
Pilots Fired for Legal Activities Seek
Judgment Against Raytheon-Owned Airline
September 22, 2003
(Washington, D.C.) - Four pilots are suing their employer, Flight
Options, LLC, for firing them in retaliation for their union organizing
activities. They filed a motion for summary judgment against the company
in the Federal District Court in Cleveland, Ohio. The case is Thomas
Bowden, et al. vs. Flight Options, LLC, Case No. 02-1768.
Their employer, following the merger of Flight Options and Raytheon
Travel Air in March 2002, fired the pilots, Thomas Bowden, William
Brunet, Thomas Jeter and William Tumlin. Flight Options is now
majority-owned by a Raytheon subsidiary. The pilots were members of the
Raytheon Travel Air union organizing committee that attempted to
unionize the pilots of RTA with the Teamsters through a campaign that
resulted in an election before the National Mediation Board in January
2002.
"These pilots were leaders in the Teamsters union effort at Raytheon
Travel Air," said Don Treichler, Director of the Teamsters Airline
Division. "They are all skilled, veteran pilots. Their professionalism
cannot be disputed. Flight Options' reasons for firing them are
completely without merit. Discovery in the case has confirmed what we
knew - that these skilled professionals were fired because they
supported the union at Travel Air."
Discovery in the litigation revealed that Flight Options targeted the
pilots for firing. An e-mail circulated among its managers in March 2002
shows them scheming to manufacture grounds for terminating the
plaintiffs and stating that they needed to change the reasons for firing
Bowden because he had not yet attended an indoctrination session at
Flight Options headquarters. Bowden was not terminated until late June
2002 and the alleged grounds for discharge did not occur until months
after the March 2002 e-mail.
Discovery also uncovered a blacklist of pilots compiled by a Flight
Options manager on which the plaintiffs' names were marked. Another
Flight Options manager who had been a manager at Travel Air testified
that the employer asked Travel Air managers to identify troublemakers
among the Travel Air pilots and that the plaintiffs' names were marked
on that blacklist.
Evidence shows that former Flight Options CEO Kenn Ricci engaged in a
concerted anti-union campaign to defeat the Travel Air union election.
The campaign involved intelligence gathered on the Teamster organizing
effort; Ricci's monitoring of pilot Internet communications regarding
the union; interrogation by Ricci of pilots about their opinions on the
union; and threads by Ricci regarding what would happen if the union
were voted in. Ricci admitted in a deposition that his anti-union
campaign occupied most of his time following the December 2001
announcement of the merger and leading up to the January 17, 2002 ballot
count.
Evidence also shows Ricci made repeated statements that it was legal for
him to fire pilots for organizing with a union. An August 2002 e-mail
message by Ricci stated that Flight Options had a policy against hiring
pilots from unionized carriers.
In March 2002, Ricci threatened the pilot who served as the telephone
hotline "Voice of the Union" during the RTA union election that he
should not engage in organizing activity at Flight Options. That pilot
left Flight Options to take a position at Teamster-represented NetJets.
The evidence revealed clearly that Flight Options knew the plaintiffs
were the union activists among the Travel Air pilots and that Flight
Options was hostile to union supporters and retaliated against them.
Flight Options asserted unwarranted grounds for the discharge of the
pilots. Management was unable to produce a single manager who could
testify to the conduct of Jeter and Tumlin that allegedly led to their
firing. Flight Options managers contradicted themselves as to the
reasons for Brunet and Bowden's terminations. Two Flight Options
managers denied that Brunet engaged in the conduct during an
indoctrination session for which he was allegedly fired. Ricci testified
that he fired Brunet for "bad body language," but never discussed the
matter with Brunet. Flight Options asserted four different stories as to
why they fired Bowden - stories which proved untrue. The Flight Options
e-mail targeting Bowden for termination months prior to any of these
alleged events shows that the company sought any pretext to fire him.
"It is unusual for plaintiffs to seek summary judgment in a lawsuit but
here the evidence is so strong that we think it demands judgment in
favor of the plaintiffs," said the plaintiffs' attorney, William Wilder
of Baptiste & Wilder, P.C. in Washington, D.C.
Flight Options will have until October 15, 2003 to file its response to
the plaintiffs' motion. The court will likely rule on the motion in
November 2003. Trial is currently set for early December 2003 in
Cleveland, Ohio.
Founded in August 1903, the International Brotherhood of Teamsters is
celebrating its 100-year anniversary as a representative and advocate
for working families.
