United Takes Action to Protect Customers

[Raoul Duke]

you can go to pacer (http://pacer.psc.uscourts.gov/). When you look this case up please report back whether hats are mentioned.

 

[Andy Neill]

This article gives some of the details of the impact seen at United and gives the names of the four pilots being induvudually sued:

United Airlines sues pilots and union, claiming work slowdown has canceled hundreds of flights

By JOSHUA FREED , Associated Press
Last update: July 30, 2008 - 5:02 PM
United Airlines on Wednesday asked a federal judge to stop four pilots and their union from abusing sick time and refusing to fly extra hours, saying illegal job actions have caused hundreds of cancellations.
The injunction request accuses the Air Line Pilots Association of encouraging a sick-out, which is not allowed under the Railway Labor Act, the labor law governing airlines. It also said pilots were refusing to pick up extra flying.
"ALPA's communications are essentially a guide describing how to use sick leave inappropriately," United's injunction request said.
United said the first officers on its Boeing 737s and Airbus A320s called in sick the most. First officers on Boeing 737s called in sick more than twice as much over the past seven weeks versus the prior three years, and sick calls by Airbus 320 first officers rose 61 percent, the airline said.
United said it canceled 329 flights between July 19 and July 27, costing it about $8 million in lost revenue and $3.9 million in operating profit.
A court hearing could be held as early as Thursday in Chicago, where United parent UAL Corp. is based, said spokeswoman Jean Medina.
United pilots have been pressing to reopen their contract, which is not scheduled to be negotiable until the end of next year. Pilots took pay cuts when United reorganized under bankruptcy protection and have been hoping to win back some of what they lost.
United has resisted that, but it has negotiated some work rule changes with pilots. It has also increased the number of pilots on reserve. Additional talks broke off late last week, United Chief Operating Officer John Tague said in a message to employees.
"Despite these significant steps, unlawful job actions escalated, intimidation of pilots continued and the impact on our customers and other employees grew to truly unacceptable levels," he said.
The airline said ALPA has been encouraging a "work-to-rule" campaign where they would follow their contract to the letter — a move that would have the practical effect of slowing the airline's operations.
Like other airlines, United is shrinking its fleet, and it has said it will furlough 950 pilots.
United accused pilot Anthony Freeman of starting a Web site to organize the sick-out by junior pilots. It said the group was called "the 2172" because they were among the 2,172 pilots furloughed by United in 2001.
The other three pilots named by United — Steven M. Tamkin, Robert J. Domaleski, Jr., and Xavier F. Fernandez — are members of the Industrial Relations Committee of the Master Executive Council at United's ALPA unit.
United's ALPA unit issued a statement saying it could not comment on the lawsuit until its attorneys review it. It said United's press release "contained inaccurate and alarmingly misleading information. The United MEC believes this is not a constructive approach to labor relations." The union did not specify any inaccuracies in United's statement.
In 2001 United sued to get an injunction to stop an alleged slowdown by workers in the International Association of Machinists. A judge initially refused to grant an injunction, but a federal appeals court ruled that an injunction was required by the law.
The appeals court in the 2001 case said labor law requires unions "to exert every reasonable effort to prevent or discourage a strike or a concerted work action" like the slowdown by the IAM.
Shares of UAL Corp., United's parent, fell 61 cents, or 7.2 percent, to close at $7.90. Airline shares were generally down on Wednesday after oil prices rose.
The airline said ALPA has been encouraging a "work-to-rule" campaign where they would follow their contract to the letter — a move that would have the practical effect of slowing the airline's operations.
Like other airlines, United is shrinking its fleet, and it has said it will furlough 950 pilots.
United accused pilot Anthony Freeman of starting a Web site to organize the sick-out by junior pilots. It said the group was called "the 2172" because they were among the 2,172 pilots furloughed by United in 2001.
The other three pilots named by United — Steven M. Tamkin, Robert J. Domaleski, Jr., and Xavier F. Fernandez — are members of the Industrial Relations Committee of the Master Executive Council at United's ALPA unit.
United's ALPA unit issued a statement saying it could not comment on the lawsuit until its attorneys review it. It said United's press release "contained inaccurate and alarmingly misleading information. The United MEC believes this is not a constructive approach to labor relations." The union did not specify any inaccuracies in United's statement.
In 2001 United sued to get an injunction to stop an alleged slowdown by workers in the International Association of Machinists. A judge initially refused to grant an injunction, but a federal appeals court ruled that an injunction was required by the law.
The appeals court in the 2001 case said labor law requires unions "to exert every reasonable effort to prevent or discourage a strike or a concerted work action" like the slowdown by the IAM.
Shares of UAL Corp., United's parent, fell 61 cents, or 7.2 percent, to close at $7.90. Airline shares were generally down on Wednesday after oil prices rose.

*******
I don't see a problem with even an organized effort to fly to the letter of the contract but I'm no RLA whiz either. I do see where widespread abuse (calling in sick and then going to the White Sox/Giants/Rockies game) would be an issue.

I got a smile out of the $3.9 million in lost operating profit off of $8.0 million in lost revenue. That's quite a profit margin that isn't reflected in the recent earnings reports.

 

[Sig]

I got a smile out of the $3.9 million in lost operating profit off of $8.0 million in lost revenue. That's quite a profit margin that isn't reflected in the recent earnings reports.

You clever bastahd. That slipped right by me.

 

[BOOZENEWS]

deleted

 

[BOOZENEWS]

[/QUOTE]

United accused pilot Anthony Freeman of starting a Web site to organize the sick-out by junior pilots. It said the group was called "the 2172" because they were among the 2,172 pilots furloughed by United in 2001.
e 2,172 pilots furloughed by United in 2001.
[/SIZE][/QUOTE]


A single individual organizing a job action, grassroots style, is not illegal as long as the union doesn't call for it or endorse it, right??

 

[waveflyer]

Right... it's ALPA's fault.... not UAL's management. No Pilot in the world believes that. Not one. Stay strong. AND MAKE THEM REGRET SLANDERING YOU IN THE COURTS AND THE MEDIA. COUNTERSUE! IMMEDIATELY!

 

[rightrudder]

With the price of fuel, cancelling those flights might have actually saved UAL money. They should be thanking those pilots who called in sick.

 

[Draginass]

The sad part is that United may prevail.

Corporations own the court system and Labor Dept in the United States.

With these SOBs in corporate America, you have to be ready to walk away and effectively close the company. Otherwise the corporate officers know they can call your bluff and intimidate you with shyster lawyers and threats of sic'ing their gubment lawmen on you.

 

[T-Bags]

United accused pilot Anthony Freeman of starting a Web site to organize the sick-out by junior pilots. It said the group was called "the 2172" because they were among the 2,172 pilots furloughed by United in 2001.
e 2,172 pilots furloughed by United in 2001.
[/SIZE][/QUOTE]


A single individual organizing a job action, grassroots style, is not illegal as long as the union doesn't call for it or endorse it, right??[/QUOTE]


Ironically, the "2172" is not recognized by ALPA, and some more senior ALPA reps (including former officers) were pretty pissed that the 2172 even existed. How this is ALPA's fault is beyond my comprehension.

The basis of the lawsuit is this:
The RLA prevents strikes and job actions in the airline industry without approval. The theory is that since we had some guys whoring themselves out for the last few months, when they find "find religion", it is a "job action". Utter BS. Truthfully, if I'm MOTIVATED I'll come to work when I'm "marginal", when I'm not, F' um. Guys bent over backwards to help the company, only to get screwed. Then they quit picking up open time and making deals (THAT THEY ARE NOT NOR HAVE NEVER BEEN OBLIGATED TO DO) with the crew desk. It's called NORMAL HUMAN BEHAVIOR!!

The company wants a Dr note when you're sick, yet won't pay for the appointment. Why should I be obligated to give up my HIPA rights? BS!!

What is left out of the picture is the changes in behavior from the company. If we are expected to "act the same" in the face of furloughs, SHOULDN'T THEY BE HELD TO THE SAME STANDARD? The company is changing policies on a whim. Now they are supposedly considering restricting your FAMILY from traveling if YOU are sick! GMAFB. FUGT!!

 

[Sonny Crockett]

Anthony Freeman is a HERO~!

LONG LIVE THE 2172!

NEVER FORGET!