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SWA&UA Pilots Sue-want 65 Retro & want age 70

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Old 06-11-2009 | 08:32 PM
  #31  
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Originally Posted by okonokos
Why don't all the furloughed guys sue whoever decided to change the rule in the first place. It could easily be argued that they (the 60+ guys) caused them (myself included) to lose their jobs. If it's good for the goose...
Or better yet, let them work past age 65, with a PC every two months for PIC and 4mo for SIC above 65, 3 and 6 (60-65) 6-12 below 60...and above 65 First Class medical every 3 months...I mean they believe they're totally fit to fly so they should have no problem with that consession..see this way they get what they want, and we save a ton of legal fees with the upcoming case, besides most of em wouldnt stay around long...if they needed concession to get what they want. I think this is fair, the law increases scrutiny on older drivers, so why not pilots..? Sure ill be furloughed longer but I get to work longer if I meet these standards past 65.....Oh wait I chose this job so I could retire at 60 not 70, are these guys insane???

These are random numbers I picked. Im simply saying why waste the money on an endless legal battle, both sides concede and both win..oh wait that cant happen in aviation..

Last edited by TPROP4ever; 06-11-2009 at 09:24 PM.
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Old 06-11-2009 | 08:49 PM
  #32  
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Originally Posted by Twin Wasp
And the rules were they'd get their "B" fund check and their "A" fund check every month.
yeah and could get their SS check every month too outta my pocket, and continue to bankrupt my generation.......sheeeesh, just like everything else this is all about money...nothing else
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Old 06-12-2009 | 04:59 AM
  #33  
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Originally Posted by satchip
I think the age limit will be eliminated all together.

....... After all the Constitution is much greater than ALPA.

To tell you the truth, even though it directly harms me, I kinda agree with the plaintiffs and the scrapping of the age limit. Either we take our Constitution seriously or we don't. Look at the current government and their actions to see where selective interpretation leads us. If the age limit is arbitrary and not backed up by scientific evidence then it is wrong. After a certain age, elderly drivers must take a driving test and and eye test in order to renew their licenses. We don't take their driving privileges away based solely on their age.

I can see no age limit but increased scrutiny as one gets older. More often and more intrusive medical exams as well as more frequent checkrides may be in the future for "more senior pilots". Also don't forget the law of unintended consequences". The senior generation may win the right to work well past 60 but the increased medical scrutiny may eliminate more than they planned.

I agree with all the points above, and just to reiterate.....the mandatory retirement at age 60 was arbitrarily chosen. I'm not sure what year it was determined, but I do think that it was settled upon when life expectancy was around 63-67 years or even younger for men.


atp
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Old 06-12-2009 | 09:36 AM
  #34  
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Originally Posted by atpwannabe
I agree with all the points above, and just to reiterate.....the mandatory retirement at age 60 was arbitrarily chosen. I'm not sure what year it was determined, but I do think that it was settled upon when life expectancy was around 63-67 years or even younger for men.


atp

True, it was very arbitrary. And even assuming that it WAS valid at the time, life expectancy and health have improved greatly since the 1950's...especially amongst airline pilots who are more health-conscious than the general population.
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Old 06-12-2009 | 12:31 PM
  #35  
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Originally Posted by rickair7777
True, it was very arbitrary. And even assuming that it WAS valid at the time, life expectancy and health have improved greatly since the 1950's...especially amongst airline pilots who are more health-conscious than the general population.


When I look around the flight ops area, I just don't see that.
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Old 06-12-2009 | 05:31 PM
  #36  
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Originally Posted by navigatro
When I look around the flight ops area, I just don't see that.
Yep....you're right. Pilots these days come in all kinds of shapes and sizes. However, I will say that just because someone may have a bit of a belly, doesn't mean that they're not in good health though.

In some cases, I know the connotation of the word...pilot....automatically brings to mind some evenly tanned guy, with rippled abs and that chisled chin look jetting off to some far distant Marakesh type place. But that's the way pilots were portrayed in the 50's and especially the 60's. Unfortunately, that picture and mindset is still prevelant and foremost in some people's minds today.

Sorry......not the norm anymore.


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Old 06-13-2009 | 06:32 AM
  #37  
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Originally Posted by satchip
New, I think the age limit will be eliminated all together. If the plaintiff's argument prevails that there is no scientific reason for mandatory retirement at 60 or 65 then the 14th Amendment argument would prevail that it would be unlawful to deny someone Life, Liberty, or Property without due process based solely on age. The FAA and the Air Lines have established criteria for employment as an Air Transport Pilot. If a 65 or 67 or 72 year old can maintain those qualifications the equal protection clause of the 14th Amendment would, seems to me the layman, prevent his mandatory retirement absent some hard medical/scientific reason.

As a previous poster said, the 9th Circus is the place to go to invent new rights and laws. However, if there are not published data supporting mandatory retirement, even the 2nd Circuit might find in favor of scrapping the age limit.

BREAK BREAK

Sailing, I'm not faulting ALPA for either this nor the original age 65 change. That train was not stopping and I doubt ALPA wanted to lay down on the tracks. Whether there were other motivations involved, I can't say. I'm just sayin' that ALPA couldn't have stopped it if they wanted to and they won't be able to stop this if the court rules as such. After all the Constitution is much greater than ALPA.

To tell you the truth, even though it directly harms me, I kinda agree with the plaintiffs and the scrapping of the age limit. Either we take our Constitution seriously or we don't. Look at the current government and their actions to see where selective interpretation leads us. If the age limit is arbitrary and not backed up by scientific evidence then it is wrong. After a certain age, elderly drivers must take a driving test and and eye test in order to renew their licenses. We don't take their driving privileges away based solely on their age.

I can see no age limit but increased scrutiny as one gets older. More often and more intrusive medical exams as well as more frequent checkrides may be in the future for "more senior pilots". Also don't forget the law of unintended consequences". The senior generation may win the right to work well past 60 but the increased medical scrutiny may eliminate more than they planned.
Unless the 9th Circuit Court of Appeals decides to trash the U.S. Constitution, the over age 60 airline pilots will win in this case.

I see hope in returning to the left seat with my 20 years of seniority intact.
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Old 06-13-2009 | 09:46 AM
  #38  
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Originally Posted by Klako
Unless the 9th Circuit Court of Appeals decides to trash the U.S. Constitution, the over age 60 airline pilots will win in this case.

I see hope in returning to the left seat with my 20 years of seniority intact.
If you hope t return to a unionized 121 carrier hope away..... Your chances of returning to a previous job with this type of carrier with seniority and position will never happen. The age limit may be abolished but for those who have retired the chance of getting their old job back is somewhere between zilch and zero.
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Old 06-13-2009 | 12:25 PM
  #39  
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Originally Posted by NWA320pilot
If you hope t return to a unionized 121 carrier hope away..... Your chances of returning to a previous job with this type of carrier with seniority and position will never happen. The age limit may be abolished but for those who have retired the chance of getting their old job back is somewhere between zilch and zero.
Former 121 pilots are now poised to sue the FAA for conspiring with ALPA and APA in forcing pilots out of their jobs for no other reason than age discrimination.

The thousands of airline pilots who were forced out because of the age 60 rule could each receive settlements in the millions of dollars. The option of allowing those pilots their right of returning to their former positions with full seniority may become the only viable option for the airline pilot unions.
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Old 06-13-2009 | 12:26 PM
  #40  
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Why did ALPA, a labor union, actively support a rule that discriminates against its own members, force them to leave their workplaces and leave them with reduced benefits?

Last edited by Klako; 06-13-2009 at 12:44 PM.
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