Court Rules in Favor of ALPA In Kin-Care Case
On Thursday, we received a decision in the Kin-Care case declaring that United must comply with the California statute concerning use of sick leave to care for sick relatives.***** The statute requires employers who give their California based employees paid sick leave to allow employees to use up to one-half of their sick leave entitlement to care for sick relatives: parents, spouses, domestic partners and children.***** The ruling will not go into effect immediately.***** We will continue to advise you of additional developments. *****
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The United MEC expresses its appreciation to ALPA Attorneys Betty Ginsburg and Russ Woody, along with California-based attorneys Steve Berzon, Stacey Leyton and B.J. Chisholm for their work in representing the pilots of United Airlines.
United’s competitors (AAL, EGL, SWA, etc.) comply with the statute and allow their California-based pilots to call in “California Sick” without any further questions.
United admitted it doesn’t comply with the statute, but claimed the statute was preempted under ERISA, the Railway Labor Act, the Air Line Deregulation Act and the Commerce Clause of the U.S. Constitution. The Judge rejected all those claims and has ruled that an injunction will be entered mandating that United must comply with California law.
Special thanks should be given to the United pilots who displayed the commitment to their fellow pilots by agreeing to be the named individual plaintiffs in the case.
The judge's decision now becomes the decision of the California Superior Court. The Company has the right to appeal the decision to the California Court of Appeals., The judge hearing this case, however, is very respected in California and we believe we have a strong case on appeal.
The decision now sets the stage for ALPA to apply for an award of attorney’s fees and expenses. This has been very expensive litigation, but we will have an opportunity to seek recovery of fees and expenses.
We will begin oversight of this ruling, work with our communications resources to disseminate pertinent details and provide updates on this ruling as we proceed.
On Thursday, we received a decision in the Kin-Care case declaring that United must comply with the California statute concerning use of sick leave to care for sick relatives.***** The statute requires employers who give their California based employees paid sick leave to allow employees to use up to one-half of their sick leave entitlement to care for sick relatives: parents, spouses, domestic partners and children.***** The ruling will not go into effect immediately.***** We will continue to advise you of additional developments. *****
*****
The United MEC expresses its appreciation to ALPA Attorneys Betty Ginsburg and Russ Woody, along with California-based attorneys Steve Berzon, Stacey Leyton and B.J. Chisholm for their work in representing the pilots of United Airlines.
United’s competitors (AAL, EGL, SWA, etc.) comply with the statute and allow their California-based pilots to call in “California Sick” without any further questions.
United admitted it doesn’t comply with the statute, but claimed the statute was preempted under ERISA, the Railway Labor Act, the Air Line Deregulation Act and the Commerce Clause of the U.S. Constitution. The Judge rejected all those claims and has ruled that an injunction will be entered mandating that United must comply with California law.
Special thanks should be given to the United pilots who displayed the commitment to their fellow pilots by agreeing to be the named individual plaintiffs in the case.
The judge's decision now becomes the decision of the California Superior Court. The Company has the right to appeal the decision to the California Court of Appeals., The judge hearing this case, however, is very respected in California and we believe we have a strong case on appeal.
The decision now sets the stage for ALPA to apply for an award of attorney’s fees and expenses. This has been very expensive litigation, but we will have an opportunity to seek recovery of fees and expenses.
We will begin oversight of this ruling, work with our communications resources to disseminate pertinent details and provide updates on this ruling as we proceed.
