Skywest Lawsuit - Pilot wins!

[pilotmyf]

All your NASA are belong to us.

What?

 

[PBRstreetgang]

Good points. I am trying to think about what contributions SAPA has made to the safety of our industry.

They got us the "red" snack box in exchange for 11hr days filled with 24 minute turns and no breaks. Wait?
contributions? none!
PBR

 

[Nevets]

I apoligize if this has already been said before but its important to know that ALPA legal would have defended this pilot all the way to federal court with no out of pocket expenses to him.

In my humble opinion, one of biggest benefits to any standard ALPA contract is the Resolution of Disputes section. This is the part that spells out the grievance process.

If such a contract was in place when this pilot was first contacted about this issue, an ALPA rep would have been made available to him. And if management decided to terminate him, he would be able to grieve it. And if management still wanted to terminate him, he would be able to send it to a NEUTRAL arbitrator. If management disregarded the arbitrator's decision, ALPA would have represented this pilot in federal court like they did for two TSA pilots.

U.S. District Court Upholds ALPA Arbitration Awards
Gives two Trans States pilots the green light to fly after wrongful terminations

​

ST. LOUIS – In a recently issued ruling, the U.S. District Court for the Eastern District of Missouri ordered Trans States Airlines (TSA) to comply with two arbitration awards that had ordered the reinstatement of two wrongfully terminated TSA pilots.


The pilots were represented by the Air Line Pilots Association, International (ALPA). The Court found that the arbitration awards “drew their essence from the collective bargaining agreement between ALPA and Trans States Airlines.”


“This court ruling is vindication for our two pilots who found themselves caught in the crosshairs of an anti-union management team,” said ALPA President Capt. John Prater. “We hope TSA management will take this ruling to heart and realize it has a legal responsibility to abide by arbitrators’ rulings and to comply with our contract.”


In March 2006, an arbitrator ruled that Trans States’ termination of Capt. Srjdan “Sergio” Cvetanovic was without just cause. The arbitrator directed Trans States management to reinstate Cvetanovic and pay him the majority of his lost earning and associated benefits. When Trans States refused to honor the arbitrator’s decision, ALPA filed suit in the U.S. District Court to have the arbitrator’s ruling enforced.


In March 2005, TSA terminated Capt. Paul Hopkins, a St. Louis-based ALPA representative. In May 2006, an arbitrator ordered Hopkins be reinstated with back wages and lost benefits. Trans States refused to honor this arbitrator’s decision as well, so ALPA also filed suit on behalf of Hopkins.


“We are very pleased the magistrate upheld the arbitrations,” said Capt. Jason Ruszin, chairman of the Trans States pilots’ branch of ALPA. “It is now time for the Company to comply with these awards by reinstating these pilots. If management wishes to improve labor relations they should accept this outcome and reinstate the pilots without further delay. Continuing to challenge these awards in federal appeals court would only serve to deepen the wedge between management and labor.”


In addition to Cvetanovic and Hopkins, TSA terminated four other union officials in 2005 in an effort to undermine the union. TSA management’s anti-union campaign proved to be a complete failure. Through ALPA’s efforts, three of the four officials were reinstated in the grievance process. The other pilot, who obtained a better flying job elsewhere, reached a satisfactory settlement. Cvetanovic and Hopkins were the only two still off the property.

 

[NJAPLT]

"why this board SCREAMS "Alpa only" is beyond me"

We tried an independent union (UPA) in 2004 and the drive failed. A number of pilots who were pro union in their leanings voted no because they doubted a small unions ability to cope with a 800 pound gorilla that is SGU.

I've been with 2 teamsters outfits, Great Lakes (Local 747) and NetJets (Local 1108.) I paid my dues for over five years at Great Lakes, and never received any value for my union dues. Management fired at will, committed flagrant antiunion activity including firing the great lakes union president (due to his on-time performance for one month, according to the company.)

I was not around when the Local 284 (I hope I got the number right) was in control of the Netjets Pilots union, but from what I hear from pilots who were on property then was not good. The Local 284 was actually thrown out by the pilot group in favor of the Strong Union participants and the local 1108 was formed. This also solidified the pilot group as a whole into providing a situation where the company chose to finally pay a professional pilot a professional salary.

I would give credit for the CBA 2005, and the IBB 2007 (if it passes) not to the Teamsters officials in DC or wherever the national headquarters is, but to the officials at the 1108 in Columbus, OH, the Strong Union officials, and most importantly my fellow pilots.

I don't know how much alpa (national) controls the specific bargaining group (company specific pilots and union officials) but in my experience with two teamsters airlines, the local bargaining group and local union officials had much more to do with receiving a fair contract or not than any executive "national" union official.

For the record, I am just a 2 year pilot with no union role whatsoever except being a normal union member in good standing, so I may be missing what the national teamsters does, except for filling my mailbox with junk mail. Current rumors do state that the local 1108 is considering becoming independent of the IBT, but I have no knowledge of any plan to do so.

 

[Morning Wood]

I apoligize if this has already been said before but its important to know that ALPA legal would have defended this pilot all the way to federal court with no out of pocket expenses to him.

In my humble opinion, one of biggest benefits to any standard ALPA contract is the Resolution of Disputes section. This is the part that spells out the grievance process.

If such a contract was in place when this pilot was first contacted about this issue, an ALPA rep would have been made available to him. And if management decided to terminate him, he would be able to grieve it. And if management still wanted to terminate him, he would be able to send it to a NEUTRAL arbitrator. If management disregarded the arbitrator's decision, ALPA would have represented this pilot in federal court like they did for two TSA pilots.

U.S. District Court Upholds ALPA Arbitration Awards
Gives two Trans States pilots the green light to fly after wrongful terminations​

ST. LOUIS – In a recently issued ruling, the U.S. District Court for the Eastern District of Missouri ordered Trans States Airlines (TSA) to comply with two arbitration awards that had ordered the reinstatement of two wrongfully terminated TSA pilots.


The pilots were represented by the Air Line Pilots Association, International (ALPA). The Court found that the arbitration awards “drew their essence from the collective bargaining agreement between ALPA and Trans States Airlines.”


“This court ruling is vindication for our two pilots who found themselves caught in the crosshairs of an anti-union management team,” said ALPA President Capt. John Prater. “We hope TSA management will take this ruling to heart and realize it has a legal responsibility to abide by arbitrators’ rulings and to comply with our contract.”


In March 2006, an arbitrator ruled that Trans States’ termination of Capt. Srjdan “Sergio” Cvetanovic was without just cause. The arbitrator directed Trans States management to reinstate Cvetanovic and pay him the majority of his lost earning and associated benefits. When Trans States refused to honor the arbitrator’s decision, ALPA filed suit in the U.S. District Court to have the arbitrator’s ruling enforced.


In March 2005, TSA terminated Capt. Paul Hopkins, a St. Louis-based ALPA representative. In May 2006, an arbitrator ordered Hopkins be reinstated with back wages and lost benefits. Trans States refused to honor this arbitrator’s decision as well, so ALPA also filed suit on behalf of Hopkins.


“We are very pleased the magistrate upheld the arbitrations,” said Capt. Jason Ruszin, chairman of the Trans States pilots’ branch of ALPA. “It is now time for the Company to comply with these awards by reinstating these pilots. If management wishes to improve labor relations they should accept this outcome and reinstate the pilots without further delay. Continuing to challenge these awards in federal appeals court would only serve to deepen the wedge between management and labor.”


In addition to Cvetanovic and Hopkins, TSA terminated four other union officials in 2005 in an effort to undermine the union. TSA management’s anti-union campaign proved to be a complete failure. Through ALPA’s efforts, three of the four officials were reinstated in the grievance process. The other pilot, who obtained a better flying job elsewhere, reached a satisfactory settlement. Cvetanovic and Hopkins were the only two still off the property.

What were these guys fired for? Also, can TSA now appeal this ruling or is this over? I do find it rather interesting that this case has dragged for almost the same amount of time that Don's case has.

 

[Nevets]

What were these guys fired for? Also, can TSA now appeal this ruling or is this over? I do find it rather interesting that this case has dragged for almost the same amount of time that Don's case has.

I don't know why they were fired. But a neutral arbitrator decided that it was without "just cause." TSA can appeal the ruling to the appeals court, then the full appellate court, then the supreme court.

 

[Texx]

I don't know why they were fired. But a neutral arbitrator decided that it was without "just cause." TSA can appeal the ruling to the appeals court, then the full appellate court, then the supreme court.

Very, very few judges will eevn hear a case where both parties have agreed to binding arbitration. As long as the Arbitrator did do anything crazy, it's a no go from the courts. Judges don't like getting involved with arbitrators rulings.

 

[Nevets]

Very, very few judges will eevn hear a case where both parties have agreed to binding arbitration. As long as the Arbitrator did do anything crazy, it's a no go from the courts. Judges don't like getting involved with arbitrators rulings.

The court already heard the case and rendered judgment. The court was NOT ruling on the merits of the case. The suit was filed by ALPA because binding arbitration was being ignored by TSA.