Skywest Lawsuit - Pilot wins!

[Cardinal]

A good read for those who think it can't happen to them....

 

[Poahi]

No, you guys don't need a union at all. After all, all your management types are just all warm and fuzzy...uke:

ATRDRIVER,

This story seems to make the case against ALPA. The pilot sued and won. Don't get me wrong, I'm an ALPA supporter, but if you're going to imply, albeit sarcastically, that Skywest doesn't need a union, then how would ALPA have handled it differently?

 

[OCP]

ATRDRIVER,

This story seems to make the case against ALPA. The pilot sued and won. Don't get me wrong, I'm an ALPA supporter, but if you're going to imply, albeit sarcastically, that Skywest doesn't need a union, then how would ALPA have handled it differently?

I don't know about other ALPA carriers, but at ASA if you say you are 'fatigued' that's it, your done. No questions asked, no action taken against you. There maybe a little pressure to fly by a CP, but they won't go far. Why? Because of the laws that the Feds made and the pressure that ALPA will put on the company if those laws are even thought to be violated.

 

[atrdriver]

ATRDRIVER,

This story seems to make the case against ALPA. The pilot sued and won. Don't get me wrong, I'm an ALPA supporter, but if you're going to imply, albeit sarcastically, that Skywest doesn't need a union, then how would ALPA have handled it differently?

Well, number one, with an ALPA carrier it is very unlikely that he would have been fired in the first place, as fatigue is something that an ALPA rep will jump all over the company about. Secondly, had he been fired, he would have been represented by ALPA, and an ALPA attorney, and he would not have had to go this alone. Had he not had the money to pursue this, he would still be out of a job. With ALPA, he would not have had to worry about that.

Other questions?

 

[Captain X]

In July 2005, the words "f--- Fizer" appeared on a cork board in a SkyWest crew lounge. After the board was removed, "You can still f--- Fizer" was written on the wall.

LMMFAO!!!:laugh:

 

[Soverytired]

ATRDRIVER,

This story seems to make the case against ALPA. The pilot sued and won. Don't get me wrong, I'm an ALPA supporter, but if you're going to imply, albeit sarcastically, that Skywest doesn't need a union, then how would ALPA have handled it differently?

I agree. It is true that he had to pay his lawyer all up front, instead of 2% of his annual gross Skywest salary for 16 years. I wonder which would ultimately be cheaper?

I think this whole "all-dem non-ALPA carriers love to make you fly fatigued" is a red herring.

Your company manual is usually more restrictive than the FAR's, has the weight of FAR's, and pretty much all have the same boilerplate about not flying fatigued.

 

[Redeyes]

After almost 10 years at SkyWest all I can say is you have to be careful when you call in fatigued. The few times I did it I got mixed results. Twice I was chewed out and twice nothning happened. The guy that chewed me out twice was Robin Walls. He is a piece of work, so stay away from him. Both times my chief pilot backed me though.

I once read on the SAPA site a post from the current SAPA pres. that he suggests that you just call in sick instead of fatigued. From my experience this is probably a better option when Robin Walls is the MOD.

 

[Cardinal]

Your company manual is usually more restrictive than the FAR's, has the weight of FAR's, and pretty much all have the same boilerplate about not flying fatigued.

So when the company fires you anyway (which they will, and did,) then what? Are you going to call your POI and have him go to bat for you? Now that is playing with fire.

Representation gives you the ability to make safety critical decisions for you and your innocent passengers without undue fear of reprisal. It has saved untold thousands from a fiery end.

 

[PCL_128]

ATRDRIVER,

This story seems to make the case against ALPA. The pilot sued and won. Don't get me wrong, I'm an ALPA supporter, but if you're going to imply, albeit sarcastically, that Skywest doesn't need a union, then how would ALPA have handled it differently?

Two things:

1. This termination never would have happened at an ALPA carrier in the first place. Even Pinnacle, an airline well known for its wrongful terminations, would never discipline a pilot for calling in fatigued. They know full well that we'd have had the FAA going through the place with a fine-tooth comb. I told pilots not to even follow the company policy about submitting a crew comm when calling in fatigued. The company is owed no explanation other than the words "I'm fatigued."

2. Hypothetically, if an ALPA carrier were dumb enough to terminate a pilot for calling in fatigued, then the case would go to grievance at ALPA's expense instead of the pilot having to find a spare $100k sitting around to pay an attorney for a multi-year legal battle in civil court. In many cases, ALPA settles termination cases without even having to go to arbitration. The pilots get their jobs back in a matter of weeks, instead of spending years fighting it in court. Remember the Memphis Three from a couple of years ago at Pinnacle? Those guys got their jobs back in a few weeks, and it would have taken them a couple of years if they'd fought it in civil court.

 

[Poahi]

I don't know of an airline that fires pilots for fatigue, but I do know of airlines that try to intimidate the pilot group for fatigue calls by firing pilots for other reasons. That's what happened in this case. Pinnacle has done it before, especially with probationary pilots (not protected by ALPA and non probationary pilots as well). They target the pilot and start building a case against them. Sooner or later it comes to a head, but I don't think ALPA carriers are immune to this problem.