DOCSLIB.ORG

U.S. Department of Labor Issue Date: 21 December 2020 Case No.: 2018

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
U.S. Department of Labor Issue Date: 21 December 2020 Case No.: 2018 U.S. Department of Labor Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800 (856) 486-3806 (FAX) Issue Date: 21 December 2020 Case No.: 2018-AIR-00041 In the Matter of KARLENE PETITT Complainant v. DELTA AIR LINES, INC. Respondent DECISION AND ORDER GRANTING RELIEF This matter arises under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”), which was signed into law on April 5, 2000. See 49 U.S.C. § 42121. The Act includes a whistleblower protection provision, with a Department of Labor complaint procedure. Implementing regulations are at 29 C.F.R. Part 1979, published at 68 Fed. Reg. 14,100 (Mar. 21, 2003). The Decision and Order that follows is based on an analysis of the record, including items not specifically addressed the arguments of the parties, and the applicable law. I. PROCEDURAL BACKGROUND Complainant filed an AIR 21 complaint with the Occupational Safety and Health Administration (“OSHA”) on June 6, 2016. In its July 13, 2018 letter, OSHA, acting on behalf of the Secretary, found that the parties are covered under the Act, but there was insufficient evidence to establish reasonable cause that a violation occurred. Accordingly, OSHA dismissed the complaint. On August 1, 2018, Complainant objected to OSHA’s findings and requested a formal hearing before the Office of Administrative Law Judges. Subsequently, on August 27, 2018, this matter was assigned to the undersigned. On August 28, 2018, this Tribunal issued the Notice of Assignment and Conference Call. Complainant responded to the Notice of Assignment by letter dated September 6, 2018, and attached her statement, which was originally transmitted as part of her Complaint to OSHA. This Tribunal issued a Notice of Hearing and Pre-Hearing Order on September 27, 2018, and set the hearing for March 25-29, 2019 in the Seattle, Washington area. As part of this Order, the Tribunal required Complainant to file a Pleading Complaint. On October 18, 2018, Complainant filed its Pleading Complaint. On November 20, 2018, Respondent filed its Answer to Complainant’s Pleading Complaint. On December 6, 2018, Complainant filed a Motion to Amend her Pleading Complaint. On December 20, 2018, Respondent filed its opposition to Complainant’s amendment of the Pleading Complaint. On January 17, 2019, the Tribunal issued an Order granting Complainant’s Motion to Amend her Pleading Complaint. On December 4, 2018, Complainant filed a Motion for Summary Decision on the adverse action element. On December 26, 2019, Complainant filed its opposition to Complainant’s motion. On January 16, 2019, Complainant filed a Motion for Summary Decision. On February 6, 2019, Respondent filed its response to Complainant’s motion. On February 14, 2019, the parties submitted a joint stipulation on the issue of protected activity,1 specifically: [Respondent] stipulates that Complainant’s January 28, 2016 report (Complainant’s “report”) – that raised issues concerning: pilot fatigue, pilot training, pilot training record, and [Respondent’s] Safety Management Systems (SMS) programs – qualifies as protected conduct under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21). [Respondent] further stipulates that it will not challenge that Complainant engaged in protected conduct when she submitted her report to [Respondent] on January 28, 2016, when she offered to forward her report and eventually did forward it to other [Respondent] executives including Ed Bastian, when she discussed her report with Steven Dickson and Jim Graham on January 28, 2016 and thereafter, and when she gave a presentation to [Respondent] executives on April 27, 2016 concerning her report. [Respondent] by this stipulation does not waive any defenses to the Complaint filed by Complainant in this or any forum other than as described herein. On February 21, 2019, the Tribunal issued an Order denying Complainant’s Motion for Summary Decision. In this Order, the Tribunal found the parties subject to the Act, accepted the parties’ stipulation concerning protected activity, and found that subjecting Complainant to the Section 15 process was an adverse action. On February 12, 2019, Respondent filed a Motion for Summary Decision arguing the Railway Labor Act precluded Complainant’s claims. On February 20, 2019, Complainant filed its response to this motion. On February 26, 2019, Respondent filed a Motion for leave to submit a reply brief. On February 27, 2019, the Tribunal issued an Order denying Respondent’s request to file a reply to Complainant’s reply to its Motion for Summary Decision. On March 1, 2019, after 1 See also Tr. at 8-9, 14, 21, 168, 184, 197. The Tribunal is aware of—and requests the reader to allow for—the possibility of page number-variances between the two versions of the transcript: paper and electronic. Variances may even exist between two electronic copies of the transcript, as the court reporter provided the electronic version of the hearing transcript in a format that is not guaranteed to preserve the fidelity of page numbers. - 2 - addressing in detail whether the Railway Labor Act serves to preempt application of AIR 21, the Tribunal issued an Order denying Respondent’s Motion for Summary Decision.2 On December 26, 2018, Complainant filed a Motion to Compel the deposition of Respondent’s Chief Executive Officer, Ed Bastian. On January 15, 2019, Respondent filed a Motion for Protective Order. On January 26, 2019, the Tribunal issued an Order granting Complainant’s Motion to Compel the deposition of Ed Bastian. On January 31, 2019, Complainant filed a Motion for In Camera review of certain documents. On February 15, 2019, Respondent filed its opposition. On February 27, 2019, the Tribunal issued an Order granting in part Complainant’s Motion for In Camera review. On March 6, 2019, the Tribunal issued an Order finding privileged the documents reviewed in camera. The parties submitted their prehearing statements and proposed exhibit lists on March 18, 2019. Complainant’s prehearing materials averred that the sole issue outstanding for adjudication was whether Complainant carried the burden on the issue of whether the protected activity was a contributing factor with respect to one or more of the unfavorable personnel actions. This Tribunal held a hearing in this matter in Des Moines, Washington from March 25 to March 29, 2019, April 25, 2019 and from May 3 to May 5, 2019.3 Complainant and Respondent’s representative were present during all of these proceedings. At the hearing, this Tribunal admitted Joint Exhibits (“JX”) A – N, Respondent’s Exhibits (“RX”) 1 – 138, and Complainant’s Exhibits (“CX”) 1 – 200.4 In its opening statement, Respondent conceded that Complainant engaged in 2 Respondent asked the Tribunal to reconsider this ruling. Resp. Br. at 50. The Tribunal reaffirms its findings that Complainant’s claims concerning her alleged protected activities and adverse actions. As discussed, infra, the Tribunal also reaffirms its finding that Respondent’s alleged retaliatory actions are not preempted by the RLA because AIR 21 creates a separate cause of action, which is independent upon any interpretation of the Pilot Working Agreement. See Order Denying Respondent’s Motion for Summary Decision (Mar. 1, 2019) (the Tribunal incorporate herein the reasoning found in this Order). 3 The Transcript of the above referenced proceedings will hereafter be identified as “Tr.” Both parties provided brief opening statements. Tr. at 14-29. The April 25, 2019 hearing-day was of brief duration. The parties planned to take Captain Graham’s video-teleconference testimony. The Tribunal, Complainant, Complainant’s counsel, and members of the public were present at a hearing room in Des Moines, Washington; Respondent’s counsel–and presumably Captain Graham—were situated in Atlanta, Georgia. However, Respondent was unable to establish video- teleconference communication with the facilities in Des Moines, Washington. Given this development, the parties stipulated that Respondent would waive redirect or use of Captain Graham as a rebuttal witness, and that his deposition transcript would be admitted fully into the record. Tr. at 1273-74. Captain Graham’s deposition is admitted as CX 200. 4 Tr. at 6, 7, 211, 306, 2120-23. The Tribunal additionally forewarned the parties at the beginning of the hearing that exhibits not identified in their briefs would be considered as either duplicative of other evidence or not particularly relevant or persuasive to their case and accordingly they would be given little or no weight. Tr. at 8. The parties also agreed that the depositions of Mr. Bastian and Captain Dickson would be admitted substantively and in lieu of their live testimony. Later on, the parties also agreed that the deposition of Captain Graham would be considered in lieu of additional testimony from him. - 3 - protected activity when she submitted her report to Captain Graham and Captain Dickson on January 28, 2018. Tr. at 20. During the hearing itself, and after hearing argument from the parties,5 the Tribunal initially denied Respondent’s motion to dismiss the amendments to the complaint concerning alleged retaliatory acts by Respondent’s counsel during the litigation itself. Tr. at 505. However, after listening to the evidence presented on those allegations 6 (Tr. at 508-09) and, in response to Respondent renewing its motion to dismiss, the Tribunal granted Respondent’s motion to dismiss concerning the alleged actions by Respondent’s counsel. Thus, the Tribunal struck the paragraph of the amended complaint that contained those allegations from the record. Tr. at 511-14. On July 19, 2019, Respondent filed a Motion for Protective Order concerning Complainant’s publishing of the videotaped depositions of three of Respondent’s witnesses. On July 21, 2019, Complainant submitted its opposition to this motion. On August 20, 2019, the Tribunal issued an Order denying Respondent’s Motion for Protective Order.
Load more

Recommended publications
  • Gao-12-902, Slot-Controlled
    United States Government Accountability Office Report to the Committee on Commerce, GAO Science, and Transportation, U.S. Senate September 2012 SLOT-CONTROLLED AIRPORTS FAA’s Rules Could be Improved to Enhance Competition and Use of Available Capacity GAO-12-902 September 2012 SLOT-CONTROLLED AIRPORTS FAA’s Rules Could Be Improved to Enhance Competition and Use of Available Capacity Highlights of GAO-12-902, a report to the Committee on Commerce, Science, and Transportation, U.S. Senate Why GAO Did This Study What GAO Found To help manage airport congestion, The 16 new beyond-perimeter flights that were authorized in 2012 for Reagan airlines operating at four U.S. National Airport are likely to have a limited effect on the airports in the airports—Washington’s Reagan Washington, D.C., area. Reagan National has sufficient runway capacity to National and the three major New York accommodate the new beyond-perimeter flights and, with some improvements to City area airports—must obtain baggage handling and security screening facilities, will have sufficient terminal operating authorizations called slots capacity. Reagan National is routinely operating below 67 hourly takeoffs and from FAA to take off or land. Airlines landings (“slots”)—the maximum number authorized in any one hour—mostly operating out of Reagan National also because general aviation or other unscheduled aircraft operations decreased may not operate flights beyond a substantially after new security restrictions were imposed following the 1,250-mile perimeter without September
    [Show full text]
  • IATA CLEARING HOUSE PAGE 1 of 21 2021-09-08 14:22 EST Member List Report
    IATA CLEARING HOUSE PAGE 1 OF 21 2021-09-08 14:22 EST Member List Report AGREEMENT : Standard PERIOD: P01 September 2021 MEMBER CODE MEMBER NAME ZONE STATUS CATEGORY XB-B72 "INTERAVIA" LIMITED LIABILITY COMPANY B Live Associate Member FV-195 "ROSSIYA AIRLINES" JSC D Live IATA Airline 2I-681 21 AIR LLC C Live ACH XD-A39 617436 BC LTD DBA FREIGHTLINK EXPRESS C Live ACH 4O-837 ABC AEROLINEAS S.A. DE C.V. B Suspended Non-IATA Airline M3-549 ABSA - AEROLINHAS BRASILEIRAS S.A. C Live ACH XB-B11 ACCELYA AMERICA B Live Associate Member XB-B81 ACCELYA FRANCE S.A.S D Live Associate Member XB-B05 ACCELYA MIDDLE EAST FZE B Live Associate Member XB-B40 ACCELYA SOLUTIONS AMERICAS INC B Live Associate Member XB-B52 ACCELYA SOLUTIONS INDIA LTD. D Live Associate Member XB-B28 ACCELYA SOLUTIONS UK LIMITED A Live Associate Member XB-B70 ACCELYA UK LIMITED A Live Associate Member XB-B86 ACCELYA WORLD, S.L.U D Live Associate Member 9B-450 ACCESRAIL AND PARTNER RAILWAYS D Live Associate Member XB-280 ACCOUNTING CENTRE OF CHINA AVIATION B Live Associate Member XB-M30 ACNA D Live Associate Member XB-B31 ADB SAFEGATE AIRPORT SYSTEMS UK LTD. A Live Associate Member JP-165 ADRIA AIRWAYS D.O.O. D Suspended Non-IATA Airline A3-390 AEGEAN AIRLINES S.A. D Live IATA Airline KH-687 AEKO KULA LLC C Live ACH EI-053 AER LINGUS LIMITED B Live IATA Airline XB-B74 AERCAP HOLDINGS NV B Live Associate Member 7T-144 AERO EXPRESS DEL ECUADOR - TRANS AM B Live Non-IATA Airline XB-B13 AERO INDUSTRIAL SALES COMPANY B Live Associate Member P5-845 AERO REPUBLICA S.A.
    [Show full text]
  • Business & Commercial Aviation
    BUSINESS & COMMERCIAL AVIATION LEONARDO AW609 PERFORMANCE PLATEAUS OCEANIC APRIL 2020 $10.00 AviationWeek.com/BCA Business & Commercial Aviation AIRCRAFT UPDATE Leonardo AW609 Bringing tiltrotor technology to civil aviation FUEL PLANNING ALSO IN THIS ISSUE Part 91 Department Inspections Is It Airworthy? Oceanic Fuel Planning Who Says It’s Ready? APRIL 2020 VOL. 116 NO. 4 Performance Plateaus Digital Edition Copyright Notice The content contained in this digital edition (“Digital Material”), as well as its selection and arrangement, is owned by Informa. and its affiliated companies, licensors, and suppliers, and is protected by their respective copyright, trademark and other proprietary rights. Upon payment of the subscription price, if applicable, you are hereby authorized to view, download, copy, and print Digital Material solely for your own personal, non-commercial use, provided that by doing any of the foregoing, you acknowledge that (i) you do not and will not acquire any ownership rights of any kind in the Digital Material or any portion thereof, (ii) you must preserve all copyright and other proprietary notices included in any downloaded Digital Material, and (iii) you must comply in all respects with the use restrictions set forth below and in the Informa Privacy Policy and the Informa Terms of Use (the “Use Restrictions”), each of which is hereby incorporated by reference. Any use not in accordance with, and any failure to comply fully with, the Use Restrictions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum possible extent. You may not modify, publish, license, transmit (including by way of email, facsimile or other electronic means), transfer, sell, reproduce (including by copying or posting on any network computer), create derivative works from, display, store, or in any way exploit, broadcast, disseminate or distribute, in any format or media of any kind, any of the Digital Material, in whole or in part, without the express prior written consent of Informa.
    [Show full text]
  • Airline Competition Plan Final Report
    Final Report Airline Competition Plan Philadelphia International Airport Prepared for Federal Aviation Administration in compliance with requirements of AIR21 Prepared by City of Philadelphia Division of Aviation Philadelphia, Pennsylvania August 31, 2000 Final Report Airline Competition Plan Philadelphia International Airport Prepared for Federal Aviation Administration in compliance with requirements of AIR21 Prepared by City of Philadelphia Division of Aviation Philadelphia, Pennsylvania August 31, 2000 SUMMARY S-1 Summary AIRLINE COMPETITION PLAN Philadelphia International Airport The City of Philadelphia, owner and operator of Philadelphia International Airport, is required to submit annually to the Federal Aviation Administration an airline competition plan. The City’s plan for 2000, as documented in the accompanying report, provides information regarding the availability of passenger terminal facilities, the use of passenger facility charge (PFC) revenues to fund terminal facilities, airline leasing arrangements, patterns of airline service, and average airfares for passengers originating their journeys at the Airport. The plan also sets forth the City’s current and planned initiatives to encourage competitive airline service at the Airport, construct terminal facilities needed to accommodate additional airline service, and ensure that access is provided to airlines wishing to serve the Airport on fair, reasonable, and nondiscriminatory terms. These initiatives are summarized in the following paragraphs. Encourage New Airline Service Airlines that have recently started scheduled domestic service at Philadelphia International Airport include AirTran Airways, America West Airlines, American Trans Air, Midway Airlines, Midwest Express Airlines, and National Airlines. Airlines that have recently started scheduled international service at the Airport include Air France and Lufthansa. The City intends to continue its programs to encourage airlines to begin or increase service at the Airport.
    [Show full text]
  • Appendix C Informal Complaints to DOT by New Entrant Airlines About Unfair Exclusionary Practices March 1993 to May 1999
    9310-08 App C 10/12/99 13:40 Page 171 Appendix C Informal Complaints to DOT by New Entrant Airlines About Unfair Exclusionary Practices March 1993 to May 1999 UNFAIR PRICING AND CAPACITY RESPONSES 1. Date Raised: May 1999 Complaining Party: AccessAir Complained Against: Northwest Airlines Description: AccessAir, a new airline headquartered in Des Moines, Iowa, began service in the New York–LaGuardia and Los Angeles to Mo- line/Quad Cities/Peoria, Illinois, markets. Northwest offers connecting service in these markets. AccessAir alleged that Northwest was offering fares in these markets that were substantially below Northwest’s costs. 171 9310-08 App C 10/12/99 13:40 Page 172 172 ENTRY AND COMPETITION IN THE U.S. AIRLINE INDUSTRY 2. Date Raised: March 1999 Complaining Party: AccessAir Complained Against: Delta, Northwest, and TWA Description: AccessAir was a new entrant air carrier, headquartered in Des Moines, Iowa. In February 1999, AccessAir began service to New York–LaGuardia and Los Angeles from Des Moines, Iowa, and Moline/ Quad Cities/Peoria, Illinois. AccessAir offered direct service (nonstop or single-plane) between these points, while competitors generally offered connecting service. In the Des Moines/Moline–Los Angeles market, Ac- cessAir offered an introductory roundtrip fare of $198 during the first month of operation and then planned to raise the fare to $298 after March 5, 1999. AccessAir pointed out that its lowest fare of $298 was substantially below the major airlines’ normal 14- to 21-day advance pur- chase fares of $380 to $480 per roundtrip and was less than half of the major airlines’ normal 7-day advance purchase fare of $680.
    [Show full text]
  • 21 December 2020 Case No.: 2018-AIR-00041 in the Matter Of
    U.S. Department of Labor Office of Administrative Law Judges 2 Executive Campus, Suite 450 Cherry Hill, NJ 08002 (856) 486-3800 (856) 486-3806 (FAX) Issue Date: 21 December 2020 Case No.: 2018-AIR-00041 In the Matter of KARLENE PETITT Complainant v. DELTA AIR LINES, INC. Respondent DECISION AND ORDER GRANTING RELIEF This matter arises under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (“AIR 21”), which was signed into law on April 5, 2000. See 49 U.S.C. § 42121. The Act includes a whistleblower protection provision, with a Department of Labor complaint procedure. Implementing regulations are at 29 C.F.R. Part 1979, published at 68 Fed. Reg. 14,100 (Mar. 21, 2003). The Decision and Order that follows is based on an analysis of the record, including items not specifically addressed the arguments of the parties, and the applicable law. I. PROCEDURAL BACKGROUND Complainant filed an AIR 21 complaint with the Occupational Safety and Health Administration (“OSHA”) on June 6, 2016. In its July 13, 2018 letter, OSHA, acting on behalf of the Secretary, found that the parties are covered under the Act, but there was insufficient evidence to establish reasonable cause that a violation occurred. Accordingly, OSHA dismissed the complaint. On August 1, 2018, Complainant objected to OSHA’s findings and requested a formal hearing before the Office of Administrative Law Judges. Subsequently, on August 27, 2018, this matter was assigned to the undersigned. On August 28, 2018, this Tribunal issued the Notice of Assignment and Conference Call. Complainant responded to the Notice of Assignment by letter dated September 6, 2018, and attached her statement, which was originally transmitted as part of her Complaint to OSHA.
    [Show full text]
  • Garmin Reveals Autoland Feature Rotorcraft Industry Slams Possible by Matt Thurber NYC Helo Ban Page 45
    PUBLICATIONS Vol.50 | No.12 $9.00 DECEMBER 2019 | ainonline.com Flying Short-field landings in the Falcon 8X page 24 Regulations UK Labour calls for bizjet ban page 14 Industry Forecast sees deliveries rise in 2020 page 36 Gratitude for Service Honor flight brings vets to D.C. page 41 Air Transport Lion Air report cites multiple failures page 51 Rotorcraft Garmin reveals Autoland feature Industry slams possible by Matt Thurber NYC helo ban page 45 For the past eight years, Garmin has secretly Mode. The Autoland system is designed to Autoland and how it works, I visited been working on a fascinating new capabil- safely fly an airplane from cruising altitude Garmin’s Olathe, Kansas, headquarters for ity, an autoland function that can rescue an to a suitable runway, then land the airplane, a briefing and demo flight in the M600 with airplane with an incapacitated pilot or save apply brakes, and stop the engine. Autoland flight test pilot and engineer Eric Sargent. a pilot when weather conditions present can even switch on anti-/deicing systems if The project began in 2011 with a Garmin no other safe option. Autoland should soon necessary. engineer testing some algorithms that could receive its first FAA approval, with certifi- Autoland is available for aircraft manu- make an autolanding possible, and in 2014 cation expected shortly in the Piper M600, facturers to incorporate in their airplanes Garmin accomplished a first autolanding in followed by the Cirrus Vision Jet. equipped with Garmin G3000 avionics and a Columbia 400 piston single. In September The Garmin Autoland system is part of autothrottle.
    [Show full text]
  • Flying Under the Radar: Multimarket Contact and Tacit Collusion in the U.S
    Flying Under the Radar: Multimarket Contact and Tacit Collusion in the U.S. Airline Industry A SENIOR THESIS Submitted to the Faculty in the Department of Economics at Miami University in Partial Fulfillment of the Requirements of Departmental Honors By Henry Jameson Shaneyfelt* Miami University Spring 2021 ABSTRACT This paper serves to identify the effects of multimarket contact on tacit collusion through the measures of average price and price dispersion. Implementing methods used in Evans and Kessides (1994) and Ciliberto and Williams (2014), I employ gate-use data to instrument for the average multimarket contact variable and address any potential bias from endogeneity. Additionally, squared gate-use instruments, which are novel to the existing literature, are included in the analysis. When using the novel instruments, a significant positive relationship is found between average multimarket contact and both prices and price dispersion. Advisor: Dr. Charles Moul *I would like to sincerely thank Dr. Moul for all the help he has provided me throughout this process. I would also like to thank the Miami University Economics Department for giving me the opportunity to complete this research project. 1 Introduction The majority of classical microeconomic theory is based in the analysis of market behavior that does not extend beyond the market’s scope. External markets and their effects on firm behavior are typically not studied at length. However, the modern-day economy is seeing an increasing number of firms competing with rival firms in numerous differing markets at a given time. An intriguing attribute of this newly structured economy is the ability for firms to interact with rivals across markets.
    [Show full text]
  • Questions, Answers, and Perspectives on the Current State of Airline Travel
    S. HRG. 115–154 QUESTIONS, ANSWERS, AND PERSPECTIVES ON THE CURRENT STATE OF AIRLINE TRAVEL HEARING BEFORE THE SUBCOMMITTEE ON AVIATION OPERATIONS, SAFETY, AND SECURITY OF THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION UNITED STATES SENATE ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION MAY 4, 2017 Printed for the use of the Committee on Commerce, Science, and Transportation ( U.S. GOVERNMENT PUBLISHING OFFICE 28–641 PDF WASHINGTON : 2018 For sale by the Superintendent of Documents, U.S. Government Publishing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 10:34 Feb 26, 2018 Jkt 075679 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\GPO\DOCS\20170504 JACKIE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ONE HUNDRED FIFTEENTH CONGRESS FIRST SESSION JOHN THUNE, South Dakota, Chairman ROGER F. WICKER, Mississippi BILL NELSON, Florida, Ranking ROY BLUNT, Missouri MARIA CANTWELL, Washington TED CRUZ, Texas AMY KLOBUCHAR, Minnesota DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii DAN SULLIVAN, Alaska EDWARD MARKEY, Massachusetts DEAN HELLER, Nevada CORY BOOKER, New Jersey JAMES INHOFE, Oklahoma TOM UDALL, New Mexico MIKE LEE, Utah GARY PETERS, Michigan RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois CORY GARDNER, Colorado MAGGIE HASSAN, New Hampshire TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada NICK ROSSI, Staff Director ADRIAN ARNAKIS, Deputy Staff Director JASON VAN BEEK, General Counsel KIM LIPSKY, Democratic Staff Director CHRIS DAY, Democratic Deputy Staff Director RENAE BLACK, Senior Counsel SUBCOMMITTEE ON AVIATION OPERATIONS, SAFETY, AND SECURITY ROY BLUNT, Missouri, Chairman MARIA CANTWELL, Washington, Ranking ROGER F.
    [Show full text]
  • This Is the Us Master Pilot Scablist the Unionist's Edition
    THIS IS THE US MASTER PILOT SCABLIST THE UNIONIST’S EDITION A SCAB is A Person Who is Doing What You’d be Doing if You Weren’t on Strike. A SCAB takes your job, a Job he could not get under normal circumstances. He can only advance himself by taking advantage of labor disputes and walking over the backs of workers trying to maintain decent wages and working conditions. He helps management to destroy his and your profession, often ending up under conditions he/she wouldn't even have scabbed for. No matter. A SCAB doesn't think long term, nor does he think of anything other then himself. His smile shows fangs that drip with your blood, for he willingly destroys families, lives, careers, opportunities and professions at the drop of a hat. He takes from a striker what he knows he could never earn by his own merit: a decent Job. He steals that which others earned at the bargaining table through blood, sweat and tears, and throws it away in an instant - ruining lives, jobs and careers. ONCE A SCAB, ALWAYS A SCAB - NEVER FORGET! Below are brief notes about legal strikes by organized pilots. 1. Century Airlines 1932: Pilots struck to resist wage reduction by E.L Cord, the patron saint of Frank Lorenzo. 2. TWA 1946: Pilots struck over pay on faster 4 engine aircraft, limited by the provisions of Decision 83. 3. National Airlines 1948: Strike over aircraft safety and repeated violations of the labor contract. 4. Western Airlines 1958: Qualifications of the Flight Engineer.
    [Show full text]
  • Microsoft Outlook
    Faulk, Scott (OST) From: Faulk, Scott (OST) Sent: Thursday, March 29, 2018 12:09 PM To: Aerodynamics, Inc., John Beardsley; Aerodynamics, Inc., Mickey Bowman; Aerodynamics, Inc., Tim Sieber; Aerodynamics, Inc., Tom Carollo; Air Choice One Airlines, Shane Storz (Multi-Aero); Air Greco/Wings Air; Air Sunshine, Inc.; Air Wisconsin, Annette Daly ; Air Wisconsin, Jim Rankin; Airline Associates, Bill Mishk; Airlineinfo.com; Alaska Airlines, Jeff Cole; American Airlines, George Stahle; American Airlines, Howard Kass; American Airlines, Jordan Pack; American Airlines, Margaret Muir; American Airlines, Mitch Goodman; American Airlines, Philippe Puech; American Airlines, Shreyas.Babu; Aviation Express, Brad Shriner; Aviation Technologies/Chater Air Transport, Jim Gallagher; Bald Mountain Air Service, GAYLE MAGGI; Bob Karns; Boutique Air, Daniel Helland; Boutique Air, EAS; Boutique Air, Shawn Simpson; Cape Air, Andrew Bonney; Cape Air, Michael Migliore; Capital Aviation, Mike Colgan; CAT (ViaAir); Charter Air Transport; Charter Air Transport, Kelly Carbone #2; Classic Aviation, Tony Henderson; Colgan Air, Phil Reed; CommutAir, Joel Raymond; Consultant, Hank Myers; Consultant, Hank Myers2; Consultant, Jeff Hartz; Consultant, Mike Mooney; Consultant, Robert Silverberg; Consultant, Ron McNeill; Consultant, William S. Swelbar; Corporate Flight Management, Allen Howell; Corporate Flight Management, Matt Chaifetz; David Schroeder; Gem Air LLC; Delta, Anthony Canitano; Delta, Dana Debel; Delta, Jeff Davidman; Delta, Joe Esposito ; Delta, Stephen A. Hedden;
    [Show full text]
  • Fall 2010 Inside: 2010 U.S
    ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO FlighVol. 47t No. 3 •log Fall 2010 Inside: 2010 U.S. Midterm Election Guide The Faces of Leadership ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO Navigating New Ownership Maintaining AFA-CWA Representation Flightlog he more things change, the more they stay the same.” Through mergers, buy- outs and bankruptcies, and even in times of relative calm the proverb holds VOLUME 47 • NO. 3 • FALL 2010 “Ttrue: AFA-CWA members continue to fight for the compensation and respect we deserve. In the latest wave of upheaval, flight attendants at several AFA-CWA carriers OFFICERS have mobilized to defend their wages, benefits, seniority and job security. International President – Patricia A. Friend Among Atlantic Southeast Airlines flight attendants, their airline’s merger with International Vice President – Veda M. Shook Express Jet has raised concerns over seniority and job security. The AFA-CWA contract International Secretary-Treasurer – Kevin P. Creighan contains language that lays out the basic terms of a ‘fence agreement’. This transitional agreement will protect the members until seniority integration is complete and there is MASTER EXECUTIVE COUNCIL PRESIDENTS AirTran (ATR) – Alison Head a single contract for both groups with provisions for a transition to a single carrier that Air Wisconsin (ARW) – Julia Biggar are the least disruptive possible. Alaska (ALA) – Kelle Wells As Delta Air Lines management realigns its operations to accommodate its merger America West (AMW) – Lisa LeCarre with Northwest Airlines (see page 6), on July 1, 2010 it caused further disruption for American Eagle (AMR) – Robert Barrow airline employees when it sold two regional carriers, Compass Airlines and Mesaba Atlantic Southeast (ASA) – Jeannie Babb Airlines.
    [Show full text]