This is not going away any time soon. Whistle Blower complaints are made in the Federal Courts. Rules of Federal Court procedure apply with regards to evidence, cross examination, and perjury. The fact that the parties are in contract negotiations will be factored in by the judge.
Over the last three years, our law firm has handled thirty-eight whistle blower cases for aircraft maintenance employees at SWA and American Airlines, Inc.(AA or American), filed with the Federal Occupational Safety and Health Administration (OSHA) pursuant to Section 519 of the Wendell H. Ford Aviation Investment and Reform act of the 21st Century, 49U.S.C.4212, commonly referred to as AIR21. Existing Federal protocols require OSHA to focus on employment discrimination issues present in the complaint, while the FAA is required to conduct an expedited investigation of the operational safety issue presented in the complaint.
The fact that there are 38 cases and at least some of them have survived motions to dismiss means that AA and SWA are going to trial over the issues in the complaint. There may be additional evidence such as ASAP reports or use of the applicable internal safety reporting systems.
Both companies are unionized so any assertions by the company that they did not engage in retaliation means that their actions would have to have been done under the discipline sections of the applicable contracts.
The burden of proof lies with the plaintiff, but thirty eight cases are a lot.