Rumor: Don D has won his suit

[Ben Dover]

The good news is two fold:

1. Sounds like Don will be back soon

2. A special thanks to TF for single handedly turning virtually all of the seniors Bro captians who were formerly on the fence into pro ALPA votes.

 

[pookie]

I still think that ALPA is bad and we have an excellent relationship with our management.

 

[pookie]

The above post is sarcasm

You Kool-Aid drinkers wake up.

 

[120% Torque]

Fizer volunteered: "If I was chewing his ass, I was chewing his ass. If I was defensive about him bad mouthing me in the crew lounge, or bad-mouthing SAPA, then I was defensive about that. I'll give him all of that."

 

[120% Torque]

Respondent (Fizer) cites the testimony of SAPA representative Jim Black who testified that he felt that had Complainant (DD) shown up for the shift hoping he could get to feeling better during the shift's break period.

Judge: I find that merely because Complainant hoped to feel better and looked forward to a break, no evidence indicates Complainant embarked on his shift on March 23, 2005 in reliance on getting a break. Moreover, SAPA representative Jim Black's testimony merely reflects his opinion; Complainant did not speak with him that night.


Sad when your only form of so called representation is hurting your case.

 

[120% Torque]

Fizers lies apparently didn't hold up in court. One of many here:

At the July 19, 2005 meeting, Fizer stated that if Complainant were bad-mouthing him to others at SkyWest, that would be wrong, because Fizer himself had been the one who obtained Complainant's reduced discipline ruling from the May Review Board by stating Complainant had been a good employee at SkyWest for 16 years, and was a "16-year good guy". JX 33 at 7-9; JX 41:2. Fizer told Complainant that this was the only reason why Complainant received his pay back concerning the March 23, 2005 incident in which Complainant declared himself and his crew unfit. JX 33 at 8; JX 41:2.
No evidence outside of Fizer's statements actually supports Fizer's claim that he advocated for reduced discipline or that his statement (that Complainant was a good guy) resulted in the decision by the May Review board to reduce discipline. An individual who sat on the May Review Board, M M, testified that Fizer did not ask the Board to overturn or reduce the discipline. TR at 242-243. M testified Fizer stating at the hearing of the May Review Board that the decision to discipline Complainant was not about Complainant being a l6- year good guy. Id

 

[120% Torque]

Judge: Respondent cites no evidence to support the claim that Respondent lost trust concerning the Delta ramp incident prior to the termination; it appears to be an explanation emerging presently, well after the termination. Thus, I conclude Respondent provides shifting explanations for termination of employment because it appears that a new explanation for termination emerged only after Complainant filed his AIR 21 complaint.

I find that Respondent provides an after-the-fact explanation for Complainant’s termination, a shifting explanation for terminating Complainant's employment significantly different from the reason Complainant was provided at the time of his termination. See Vieques Air Link, 437 F.3d at 110. I conclude that these inconsistencies provide evidence of pretext.

 

[120% Torque]

Abatement of the violation (Ruling)
Complainant's record at SkyWest should be purged of the negative references and references to the protected activity found in the relevant letters, memos and disciplinary documents written to and about him. This applies to all documents, however denominated by Respondent and in all the places they are kept.

Back Pay and Restoration of Employment
Health, pension and other related benefits are terms, conditions and privileges of employment to which a successful complainant is entitled from the date of a discriminatory layoff until reinstatement or declination, and these compensable damages include medical expenses incurred because of termination of medical benefits, such as insurance premiums. Creekmore v. ABB Power Sys. Energy Serv., Inc., 1993-ERA-24 (Dep. Sec'y Feb. 14, 1996). Complainant is awarded back pay and restoration of the terms, conditions, and privileges associated with his employment, including all privileges associated with seniority. See id.; see also 29 C.F.R. § 1979.109(b). Restoration of employment is effective immediately. See 29 C.F.R. § 1979.109(c). Respondent shall reimburse Complainant for all medical expenses incurred because of termination of medical benefits, including but not limited to health care premiums.
Costs and Expenses Reasonably Incurred
Complainant has prevailed under the Act and such success carries with it an award of attorney's fees and costs to Complainant's counsel. 29 C.F.R. § 1979.109(b). Thirty (30) days is hereby allowed to Complainant's counsel for the submission of an application for attorney's fees and costs. A service sheet showing that service has been made upon all the parties, including Complainant, must accompany this application. The parties have fifteen (15) days following the receipt of any such application within which to file any objections. Respondent is also liable for reimbursement of any other expense reasonably incurred by Complainant because of termination of Complainant's employment. 29 C.F.R. § 1979.109(b). Complainant does not request or provide details as to any such expenses but if Complainant has reasonably incurred any such expense, a record of the expense may be submitted, served and responded to in the same manner as provided for attorney's fees and costs.
ORDER
1. SkyWest shall purge all of its files all negative references to D D found in the relevant letters, memos and disciplinary documents written to and about him, however denominated by SkyWest and in all the places they are kept. This does not apply to documents which must be retained under the Pilot Records Improvement Act, 49
U.S.C.A. § 44703(h)(1)(B)(ii)(II) (2003).
2. SkyWest shall compensate D D for all back pay and shall restore the terms, conditions, and privileges associated with his employment, including seniority, effective immediately.
3. SkyWest shall reimburse D D for all medical expenses incurred because of termination of medical benefits, including but not limited to health care premiums. SkyWest shall also reimburse D D for all expenses reasonably incurred by Complainant because of termination of employment.
IT IS SO ORDERED.

 

[120% Torque]

Makes you wonder about the other thirty or so guys who have been fired over the past two years that didn't have the $150,000 to fight thier case when seeing how Fizer fired this guy.

 

[Baze]

120% Torque,

Thanks for posting all of that.

I'm very happy for DD. I never knew him personally, but I've never heard anything but great things about him.

I read DD's letter and listened to his audio tape of the meeting with TF. Talk about being railroaded.

The whole handwriting analysis thing was total BS to boot.

Maybe now TF will just go run his helicopter business full time.