Court issues injunction against striking United Airlines pilots

19 Nov 2008

1

A federal court granted UAL Corp.'s United Airlines' motion for a preliminary injunction against the Air Line Pilots Association (ALPA) and four pilots regarding union actions as tensions rose between airline workers and management. The ruling was delivered by US District Court Judge Joan H Lefkow on Monday and announced yesterday by the airline.

United said the injunction was needed to stop a "deliberate, organised and unlawful campaign of sick leave abuse, pilot intimidation and other actions" that resulted in cancellations of hundreds of flights and millions of dollars in lost revenue for the airline.

The court said ALPA's actions violated the Railway Labor Act, which governs labor relations in the airline industry. United filed the lawsuit on 30 July. According to UAL, the ruling says public interest mandates APLA can't organize and support activity meant to disrupt the airline's operations and must attempt to stop disruption that occurs. See: United Airlines sues pilots' union, says it caused hundreds of flight cancellations

Lefkow placed the recent dispute in the context of United's fights with its aviators dating back to a 1985 strike. She wrote that for two decades after the strike, pilots who had crossed the picket line endured "theft and damage of flight bags and other personal belongings; pouring liquids, urinating, or defecating into the flight bags of non-striking pilots," and other forms of ostracism.

"The continued ostracism and harassment of non-striking pilots in the two decades following the 1985 strike created a widely held perception among United pilots that any pilot who did not follow the majority, or ALPA, party line would be subject to similar conduct," she wrote.

UAL alleges the union actions were payback for the company's decision to cut 950 pilot jobs this year. It said it was forced to cancel 329 flights between 19 and 27 July, costing it millions of dollars in potential profit and disrupting travel plans for some 36,000 people. America's third-largest carrier said that cost it about $8 million in lost revenue and $3.9 million in operating profit. See: United Airlines to lay off 950 pilots - cuts in addition to those announced earlier

UAL said the union had engaged in a campaign to encourage members to adhere strictly to contract terms and refuse voluntary assignments as a way of pressuring management to open contract talks early. The current contract expires at the end of 2009.

In an e-mail to workers on Tuesday, Chief Operating Officer John Tague blamed the trouble on "ALPA and a very few of its members."

"While there is always room for discussion and tough give-and-take about our business, deliberate actions that unfairly or unlawfully impact our customers and employees - and that keep us from achieving our full potential - will not go unchallenged," he wrote.

"This is an important ruling because it means our customers and employees will not be subject to ALPA's illegal actions intended to disrupt our operations and intimidate our employees," said Pete McDonald, UAL's chief administrative officer. The company will seek a permanent injunction to finish the process.

The union said in a statement it would comply with a court order. "ALPA has already advised the United pilots that it remains essential not to engage in any form of economic action involving United Airlines," it said in a statement.

Meanwhile, in another sign of tension in the industry, flight attendants for AMR Corp.'s American Airlines will picket Tuesday in Dallas Fort Worth, Washington and New York, protesting pay and benefit cuts amid increases in workload. Last week, pilots at JetBlue Airways Corp. filed a petition to form a union, making it the first group of employees at the discount airline to organize.

UAL's shares were recently down 9 cents at $10.60.

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