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APA files furlough mitigation complaint in federal court

Old 08-02-2008, 09:43 AM
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APA files furlough mitigation complaint in federal court
Allied Pilots Association Files Complaint for Declaratory Judgment: "We Are Committed to Using Legal Methods for Mitigating Pilot Furloughs"

Friday August 1, 30 pm ET

FORT WORTH, Texas--(BUSINESS WIRE)--The Allied Pilots Association, certified collective bargaining agent for the 12,000 pilots of American Airlines (NYSE: AMR - News), filed a complaint today in district court in Washington, D.C. for approval to advise its pilots of their right to forego voluntary overtime in order to mitigate furloughs.

The carrier’s management announced on July 15 that up to 200 pilot furloughs may commence in October. American Airlines already has 1,970 pilots on furlough.

“We are committed to using legal methods for mitigating pilot furloughs,” said APA President Captain Lloyd Hill. “Accordingly, we are seeking the court’s permission to inform our pilots of their right to forego voluntary overtime flying, which would reduce the need for any additional furloughs.”

Hill noted that the airline’s most junior pilots who would be subject to furlough were only recalled from furlough within the past several months.

“Being furloughed twice in such a short period of time, especially when it’s so easily avoidable, would be a tremendous hardship for these pilots and their families,” he said.

In APA’s court filing, the union’s attorneys emphasize that advising pilots of their right to forego voluntary overtime is a well-established past practice by APA and part of the status quo as defined by the Railway Labor Act, which governs all airline industry labor negotiations.

Hill pointed out that former AMR Chief Executive Officer Donald Carty, in an August 1998 message to employees relating to a series of flight cancellations, described it as “their own” decision when pilots choose not to fly “open time” flights.

“Even senior management at our airline has previously acknowledged that our pilots have the ability to decide for themselves whether to perform voluntary overtime flying,” Hill said.

According to Hill, APA is also preparing to present airline management with a furlough mitigation counter-proposal at the bargaining table in response to management’s July 15 “furlough mitigation severance proposal.” APA will likely present its counter-proposal to management at a negotiating session scheduled for August 5.
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Old 08-02-2008, 01:59 PM
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I still don't see how a company can force employees to work more hours...
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Old 08-02-2008, 02:54 PM
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While I agree.... the following is the sad truth of life in the airlines. I love the job! I hate the management.

Management Case:

The argument being used is that the pilots have statistically covered X number of hours on a consistent basis by picking up extra trips on their days off. Now, under threat of furloughs the pilots have made an apparent pact to not pick up these open trips in an effort to force management to keep extra staff onboard. The statistics "dont lie" - and these whiny pilots are misbehaving.

For every 60 to 75 hours of flight time (per month) that is picked up - one less pilot is needed. Pilots are only limited to flight hours by the (negotiable) contract, and FAA maximum hours per 24 hours (8), 7 days (30), monthly (100), and yearly (1000)... or 16 hour duty days (FAA max). Point being - contracts are negotiable, the FAA is governing.


Pilot Case:
Days off are contractually guaranteed, and the only exception would be some loopholes in rescheduling of flights, cancellations, and reverse seniority "jr manning" of a day off. You can't make me fly "overtime".



Historically, the courts have ruled in favor of the airlines (who have more financial ability to defend thier stance). Any attempt by pilots to fight proposed changes in policy is seen by the courts as an "illegal work action" to include: requesting extra fuel, burning excess gas, use of sick time, delays, and even recently STRIKES.


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Old 08-02-2008, 08:51 PM
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Originally Posted by ugleeual View Post
I still don't see how a company can force employees to work more hours...
I'm not sure that they can, we aren't slaves or endentured servants. On the other hand, they can force a union not to tell it's members to stay home on off days or otherwise encourage a break in the status quo. The status quo usually includes a certain amount of open time and if it goes away, fingers get pointed at the union.
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