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Apr-19-2008Aloha Pilots Seek Court Injunction(topic overview)
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The remaining pilots are flying for Aloha's profitable cargo operation, which is up for sale as part of the carrier's March bankruptcy. The pilots, who are represented by the Air Line Pilots Association, filed a complaint in U.S. Bankruptcy Court on Friday seeking a court order to force Aloha to comply with its contract, which would give terminated pilots with seniority the right to fly cargo planes. If an agreement is not reached by April 26, Aloha pilots say they may strike. "Aloha has violated, and continues to violate, its obligations to make every reasonable effort to maintain the working conditions of the Aloha pilots pursuant to the contract," said Capt. [1] The Air Line Pilots Association said in a motion filed today in federal Bankruptcy Court that Aloha Airlines' cargo pilots may strike any or all of the company's operations just after midnight on April 26 if no labor agreement is reached.[2] The Air Line Pilots Association says in a motion filed in federal bankruptcy court that the pilots may strike any or all of the company's remaining operations at 12:01 a.m. April 26. The pilots say the union has been ignored by Aloha management in their appeal to use senior pilots in the airlines remaining cargo operations.[3]
The union says cargo jobs have gone to less senior pilots. The company responded to the lawsuit saying: "It is regretful that the Air Line Pilots Association (ALPA) is again trying to hype the media with the threat of a strike as a negotiations play. No such legal right exists under the law and Aloha will take necessary legal actions to prevent any disruption to the flow of air cargo in Hawaii." "The company has refused to meet with us, they've refused to return telephone calls and they leave us with no other choice," said Linsey.[4] Aloha management has been unwilling to do that," said James Linsey of ALPA. "It is regretful that the Air Line Pilots Association (ALPA) is again trying to hype the media with the threat of a strike as a negotiations ploy. No such legal right exists under the law and Aloha will take necessary legal actions to prevent any disruption to the flow of air cargo in Hawaii," Aloha spokesman Stu Glauberman said. The union claims Aloha improperly terminated its pilots, instead of furloughing them, to avoid paying them furlough pay as called for in their union agreement.[5]
Aloha Airlines vowed to take "necessary legal actions" to prevent a disruption in air-cargo operations after its pilots union sued the company yesterday and threatened to strike if no labor agreement is reached. The company, which is holding an auction Monday to sell its profitable cargo unit, called the threat of a strike "a negotiations ploy" and said the Air Line Pilots Association is trying "to hype the media."[6]
The Air Line Pilots Association, International ("ALPA") and the pilots of Aloha Airlines, Inc. ("Aloha" or "the Company") maintain the legal right to strike Aloha immediately because Aloha has repudiated its collective bargaining agreement with ALPA. The Norris-La Guardia Act, 29 U.S.C. S101, et seq. removes jurisdiction from this and any other court to interfere with that right.[7]
Aloha said yesterday that the pilots association was "trying to hype the media with the threat of a strike as a negotiations ploy." The airline said it did not understand why a lawsuit would be filed because Aloha began training eight pilots this week and will train another 16 next week as part of the restructuring of the cargo flights based on seniority. "No such legal right exists under the law and Aloha will take necessary legal actions to prevent any disruption to the flow of air cargo in Hawaii," the company said of the strike threat.[8]
Another sudden twist in the Aloha Airlines saga and this unexpected turn is creating even more turbulence for the troubled carrier. The union representing the remaining 40 Aloha Airlines pilots filed a lawsuit in federal bankruptcy court Friday morning, stating they have the legal right to strike immediately.[4] April 26, that's the day Aloha cargo pilots say they'll walk off the job if they don't reach a deal with management; just more trouble for Aloha Airlines, as it's still embroiled in its bankruptcy mess. The pilots say their patience is wearing thin, after weeks of unsuccessful talks with the carrier, they've now filed a motion in bankruptcy court to strike.[9]
The Aloha Airlines pilots, represented by the Air Line Pilots Association, Int'l, (ALPA), filed a complaint in U.S. Bankruptcy Court today seeking injunctive relief against the airline.[10] The Air Line Pilots Association International, which represents 312 of Aloha's current and former pilots, filed a lawsuit against Aloha Airgroup Inc. yesterday in federal bankruptcy court.[8]
An auction of Aloha Airlines cargo is set for Monday. The Air Line Pilots Association has complained Aloha violated its labor agreement by keeping less senior pilots on the payroll to fly cargo routes. The airline began training more senior pilots to fly cargo planes this week, saying that less senior pilots of its 737-200 cargo planes would be terminated.[5] The Aloha Airlines pilots, through the Air Line Pilots Associations, are seeking injunctive relief against Aloha, which ended its passenger service last month, but which still handles most of the state's air cargo.[11] Even if it had not, S1113 relief cannot be granted on a retroactive basis. Despite the above, Aloha through its actions and express statements of its president and chief executive officer David A. Banmiller on the record in open court repudiated the pilots' CBA. Specifically, Mr. Banmiller boldly and repeatedly stated in this Bankruptcy 5 Court on April 1, 2008 words to the effect that "The CBA provides for one thing, but the reality is something else". Both before and after those statements, Aloha has taken a series of actions to repudiate the CBA completely, as set out below. A. "Termination" of Pilots: On or about April 7, 2008, in connection with its precipitous decision to curtain all passenger service, Aloha purported to "terminate" all but approximately forty (40) of the approximately three hundred twelve (312) pilots on the Aloha Airlines Pilot Seniority List. The purported "termination" of these pilots while others remain in service in Aloha's cargo operation is a nullity.[7] HONOLULU -- The Aloha Airlines pilots' union threatened Friday to strike as soon as April 26, saying the airline has violated the union's collective bargaining agreement. The bankrupt airline shut down passenger service earlier this month, but has retained about 40 of its 312 pilots to operate its profitable interisland cargo operation.[5] "Following discussions with the union, Aloha has begun training senior pilots in accordance with the collective bargaining agreement and will continue to comply with the provisions of the agreement." Aloha filed for bankruptcy on March 20 and ended its passenger service March 31. About 1,900 employees lost their jobs, but about nearly 400 workers, including 40 pilots, continued to work in the air cargo service.[8]
The union alleges the defunct airline violated a collective bargaining agreement when it terminated the pilots March 31 and permitted pilots who were low on the seniority list to continue flying for the profitable cargo division. The lawsuit said the airline should have furloughed all pilots in order of reverse seniority and those who lost their jobs should have received furlough pay and benefits.[8] D. Failure to Respect Successorship and Job Security Provisions: Aloha has refused to confirm to ALPA that it will honor the Job Security and Successorship provisions of the CBA, and indeed has failed to do so in agreements with the "stalking horse" purchaser. In these circumstances, those contractual provisions mandate that the purchaser of Aloha's Air Cargo Division and/or other flight operations offer employment to pilots from the Aloha Airlines, Inc. System Seniority List in seniority order and otherwise abide by the CBA. E. Failure to Make Retirement Plan Contributions and Maintain Benefits: Upon information and belief, the Company has failed to make Retirement Plan contributions and has failed to maintain benefits as follows, including for employees for the periods they have worked or will continue to work post-petition.[7] C. Recall Out of Seniority Order: In recent days, at the insistence of the Aloha Master Executive Council of ALPA, the management of Aloha Airlines, Inc. has scheduled two (2) ground school classes to conduct federally-mandated training of "senior" Aloha pilots willing to fly in the Aloha cargo operation. These "senior" pilots were assigned to the passenger operation previously. These "senior" pilots are being recalled to this short (three to six day) transition training program out of seniority order and without regard to their relative seniority on the Aloha Pilots Seniority List. Once recalled out of seniority order, they begin receiving pay and benefits, again circumventing the seniority provisions of the CBA.[7]
B. Furlough Out of Seniority Order: The actions by the management of Aloha in "terminating" all Pilots who were not assigned to the cargo operation as of March 31, 2008, had the practical effect of completely ignoring and circumventing the seniority-based process set forth in Section 16 ("Furlough and Recall") of the CBA. Pilots hired within the past six months remained on the Company payroll, earning wages and receiving benefits, while the pilot with the second highest seniority in the entire pilot group who has been employed at Aloha for 29 years 6 was effectively furloughed by virtue of the "termination" letter.[7]
Aloha flies 85 percent of the state's air cargo as well as all of the U.S. Mail to Maui and the Big Island. Among those issues cited by ALPA are the company's failure to follow seniority flying rights as called for in the agreement, failing to follow job security and successorship provisions of the agreement that would require the purchaser of Aloha's cargo unit to hire Aloha's cargo pilots, and the failure to make retirement plan contributions and maintain benefits.[2] Aloha spokesman Stu Glauberman said the Air Line Pilots Association can't legally strike the cargo division and that ALPA is just trying to "hype the media." "These are extraordinary and difficult times and Aloha is doing all it can to keep its air cargo business operating in order to protect the state's economy," Glauberman said.[1] Pilots for Aloha Airlines, which ended passenger service last month but still handles most of the state's air cargo, are threatening to strike.[12]
While the union wants the airline to use seniority as a way to determine which pilots will handle the cargo flights, Aloha wants to use existing cargo pilots. "The Aloha pilots have always displayed the highest sense of loyalty and support for this union, their fellow employees and their company. We can't prevent Aloha Airlines from ceasing its passenger operations, but we can prevent this management from unlawfully rejecting the legally binding contract they negotiated with their pilots," Prater also said.[11] The drawn-out talks almost derailed financing for the bankrupt airline. Aloha's main lender, GMAC Commercial Finance LLC, last week agreed to lend the carrier more money while the two sides worked out their differences and Aloha prepares to auction off the cargo business. Aloha let go about 90 percent of its 250 to 300 pilots when it halted passenger business on March 31. It retained only some 35 to 40 pilots, mostly junior-ranking ones who were flying interisland cargo routes. The union has been telling company management that under the union contract, they must allow senior pilots who were flying Pacific passenger routes to the mainland the right to fly the cargo routes if they want.[13]
ALPA asserts that Aloha Airlines management's total disregard for pilots' collective bargaining agreement during the past few weeks has triggered a "major dispute" under the Railway Labor Act, which governs airline contract negotiations. ALPA seeks an order from the Court to force Aloha Airlines to comply with its contract.[7] The pilots have filed an injunction complaint in the U.S. Bankruptcy Court on Friday, saying that the airline's management did not take into consideration the pilots' collective bargaining agreement during the past weeks, a fact that has caused a 'major dispute', taking place under the Railway Labor Act, the main law that governs airline contract negotiations. "ALPA is ready to take any steps necessary to ensure that our contract is upheld by this management," said Capt.[11]
On March 20, 2008, Aloha filed for Chapter 11 bankruptcy protection for the second time. Because the CBA is not amendable at this time, Aloha may not serve notice of intent to bargain contract modifications and require ALPA to renegotiate the CBA under the collective bargaining process of the RLA. Even if Aloha could trigger the statutory collective bargaining process, Aloha would be required to maintain the contractual status quo until that negotiating process was exhausted. Although the Bankruptcy Code provides for the rejection of collective bargaining agreements after strict requirements are proved in bankruptcy court, see 11 U.S.C. S1113, Aloha has never applied for such relief.[7] P. 7001(7), 7001(9) and 7065, seeking injunctive relief against Defendant's unlawful abrogation of the collective bargaining agreement between ALPA and Aloha, pursuant to Section 105 of the Bankruptcy Code, 11 U.S.C. SS 101, et seq. ( the "Bankruptcy Code"), and the RLA. This Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. SS 157, 1331, 1334(b) and 1367.[7]
Aloha is obligated under Section 2 First, Third, Fourth and Eighth of the RLA, 45 U.S.C. S 152, First, Third, Fourth and Eighth, to refrain from interfering with, undermining, subverting or destroying ALPA's status and effectiveness as the collective bargaining representative of the Aloha pilots. Aloha, by refusing to bargain with ALPA and by unilaterally and materially modifying pilot compensation, work rules and benefits, has intentionally interfered with, undermined and subverted ALPA's status and effectiveness as collective bargaining 12 representative and denied Aloha pilots their legal rights, in violation of Section 2 First, Third, Fourth and Eighth of the RLA, 45 U.S.C. S 152, First, Third, Fourth and Eighth. Aloha's course of conduct, as described above, is destructive of the representative standing and legitimate effectiveness of ALPA as the exclusive collective bargaining representative of Aloha's pilots and of the rights of the Aloha pilots to organize and bargain collectively through their designated representative, without interference, influence or coercion by Aloha, in violation of Section 2 First, Third, Fourth and Eighth of the RLA, 45 U.S.C. S 152, First, Third, Fourth and Eighth. Aloha, by its course of conduct, as described above, has undertaken to interfere with, undermine, subvert and destroy ALPA's status and effectiveness as the collective bargaining representative of the Aloha pilots, in violation of Section 2 First, Third, Fourth and Eighth of the RLA, 45 U.S.C. S 152, First, Third, Fourth and Eighth. 20.[7] ALPA is a "representative" as defined in Section 1, Sixth of the RLA, 45 U.S.C. S1, Sixth, and is the exclusive collective bargaining representative of Aloha's pilots. Aloha Airlines is a corporation duly organized and existing under the laws of the State of Hawaii and having offices and their principal places of business in Hawaii.[7]
SAN FRANCISCO, April 18 (Reuters) - Aloha Airlines pilots said on Friday they have filed a complaint against the airline, citing management's "total disregard" for their collective bargaining agreement, and threatened to go on strike if no agreement is reached by April 26.[14] If no agreement is reached by 12:01 a.m., on Saturday, April 26, 2008, ALPA and the Aloha pilots may strike any or all of Aloha's operations. This is an action for immediate injunctive relief to restore respect for the ALPA-Aloha collective bargaining agreement which Aloha has unilaterally repudiated as set out below. This is an adversary proceeding brought pursuant to Fed. R. Bankr.[7]
ALPA said that if a deal would not be reached with the airline by 12:01 am on Saturday, April 26, 2008, it would begin a strike. "Aloha has violated, and continues to violate, its obligations to make every reasonable effort to maintain the working conditions of the Aloha pilots pursuant to the contract," said Capt. David Bird, chairman of the Aloha arm of ALPA. "We ask the court to recognize these violations and order the company to comply with the contract."[11] John Prater, president of ALPA. ALPA said that it's only goal is to get an order from the Court in order to make Aloha Airlines comply with the contract.[11]
The union is asking a federal bankruptcy court judge to issue a restraining order and force Aloha to honor the contract. The two sides have been at odds as to who should be flying the cargo flights since Aloha shut down its passenger service March 31.[8] In a filing Friday in federal bankruptcy court, ALPA said although the bankruptcy code provides for rejection of collective bargaining agreements after strict requirements are approved by a bankruptcy judge, Aloha has never asked for or received relief from the court.[5] "Aloha agreed in the collective bargaining agreement to make as a condition of any sale transaction -- that any purchaser will agree to employ Aloha pilots in seniority order," said union attorney James Linsey.[4] Aloha now wants to sell the cargo operation. The union said its agreement requires a new buyer to keep the same pilots.[5]
"Vital to our customers on the outer island and the state too," said Shigemura. All of this may come to a crawl on April 26th if an agreement isn't reached on which pilots should be retained to fly Aloha's cargo routes. Aloha's pilots say they have the legal right to strike.[4] HONOLULU Aloha Airlines' cargo pilots are threatening a strike if they can't reach an agreement with the airline.[3] Aloha Airlines pilots have threatened to strike the bankrupt airline a week from today if the airline continues to assign lower senority pilots to fly Aloha's inter-island cargo routes.[8]
Aloha Airlines pilots today said they may walk off the job on April 26 in a dispute involving Aloha's cargo routes.[8]
F. Failure to Provide Continuing Pay and Benefits Including Medical Coverage, Upon Furlough: Following the de facto furlough triggered by the shutdown of the passenger operation and the issuance of the "termination" letters on or about April 7, 2008, Aloha has failed and refused to provide these furloughed pilots with the contractually-mandated pay and benefits (air carrier pass privileges, medical coverage, etc.) for periods of time as of March 31, 2008, without any warning or notice. Whatever Aloha's position on its ability to make payments, no such issues are even implicated by Aloha's repudiation of its obligation to provide 10 the contractually-mandated airline pass privileges. This repudiation makes it impossible, as a practical matter, for many newly-unemployed pilots to seek alternate employment with Mainland-based (or even Hawaii-based) air carriers, as they are now forced to purchase airline tickets for interviews and job fairs at a time when their finances have been unexpectedly put in turmoil. By terminating senior pilots, it has deprived such pilots of the ability to use a pass to travel to training. Furlough pass privileges were negotiated in good faith for precisely this reason.[7] HONOLULU -- Aloha Airgroup Inc. on Wednesday began retraining eight senior pilots who flew Aloha's now defunct trans-Pacific passenger routes to fly the company's interisland air cargo planes.[13]
Aloha called the threat "a negotiations ploy." "No such legal right exists under the law and Aloha will take necessary legal actions to prevent any disruption to the flow of air cargo in Hawaii," the company said in a statement.[12] "No legal right exists under the law," Aloha said. "These are extraordinary and difficult times, and Aloha is doing all it can to keep its air-cargo business operating in order to protect the state's economy."[6]
The Pilots Association wants Aloha to agree that pilots in order of seniority be offered jobs from the new buyer of the cargo division. Other issues cited in the motion include Aloha's failure to make contributions to retirement plans and maintain medical benefits. [9] In a statement, the pilots alleged that the airline continues to repudiate the agreement by terminating pilots out of seniority order, terminating pilots' health plan, failing to provide furlough pay and benefits, among other complaints.[14] The CBA requires progressive discipline and "just cause" for termination of employment. These "termination" letters were actually issued for the sole purpose of circumventing the furlough provisions set forth in the CBA, which require, inter alia, that furloughs be conducted in reverse seniority order and that pilots receive "furlough pay" and related benefits pursuant to a longevity-based formula.[7]
G. Vacation Payout: The CBA provides that any terminated or furloughed pilot shall be paid his/her accrued and "banked" vacation. Aloha has refused to pay affected pilots their accrued and banked vacation. The allegations contained in paragraphs 1 through 11 above are incorporated by reference as if fully set forth in this paragraph. By its conduct described in paragraphs 1 through 12 above, Aloha has violated and continues to violate its obligations to make every reasonable effort to make and maintain status quo working conditions of the Aloha pilots pursuant to RLA Section 2, First and Seventh, and Sections 5 and 6 of the RLA. 45 U.S.C. SS152, First, Seventh, Fifth, Sixth. [7] Aloha filed first for bankruptcy in 2004, and pilots agreed to concessions in an effort to improve the airline's financial position and attract new investors. The Aloha pilots agreed to a 20 percent pay cut, productivity enhancements, and a 2-year "freeze" on their pension plan, which has since been terminated. Aloha pilots gave more than $12 million worth of concessions to the airline to support its previous restructuring efforts to ensure stability and profitability. Even after this recent bankruptcy filing, Aloha pilot leaders were willing to meet with management to explore every avenue necessary to assist the company in negotiating with prospective suitors.[7]
Unfortunately, as set forth below, ALPA and the Aloha pilots have been rebuffed and ignored by Aloha management. ALPA and the Aloha pilots will continue efforts to resolve the major dispute through an agreement with Aloha, but their patience --as Aloha manipulates this situation -- has limits.[7] A judgment declaring the rights of the parties and awarding additional relief, as determined by the Court, including monetary relief, as may be appropriate to fully remedy Aloha's violations of the RLA and its infringement of the rights of the Aloha pilots as represented by ALPA. Such other and further relief as may seem just and proper to this Court, including damages in such amounts as are established, together with the costs and expenses of this proceeding.[7] Enjoining, ordering, directing and requiring Aloha, its directors, officers, agents and employees, to refrain from interfering with, undermining, subverting or destroying ALPA's status and effectiveness as the collective bargaining representative of the Aloha pilots.[7] Aloha and ALPA have been parties to successive collective bargaining agreements for many years.[7] The current collective bargaining agreement was negotiated during Aloha's first Chapter 11 reorganization which was filed in December 2003.[7] "The company today made a step toward some compliance to (the) collective bargaining agreement by having the ground school take place," said Riddel, who has flown Aloha planes for 22 years.[13]
The CBA became effective on November 29, 2005 and will not become amendable pursuant to the RLA collective bargaining process until April 30, 2009 (the "CBA"). This Court approved Aloha's entry into the CBA on or about February 3, 2006.[7]
The CBA is a comprehensive agreement that governs rates of pay, rules and working conditions of Aloha's pilots.[7] Under Section 1113(f) of the Code, Aloha is required to adhere to all terms of the CBA unless and until it lawfully rejects the agreement under the procedures of Section 1113. In any event, under the express terms of the CBA, Aloha waived its right to file any application under 11 U.S.C. S1113.[7]
Aloha has begun training senior pilots in accordance with the collective-bargaining agreement, Glauberman said.[1] ALPA also said Aloha violated seniority rules, keeping pilots hired within the last six months while terminating much more senior pilots, including one who had been with Aloha for 29 years. This material may not be published, broadcast, rewritten or redistributed.[5]
ALPA said it has received no assurances from Seattle-based Saltchuk Resources Inc. that Aloha's approximately 40 cargo pilots will be retained after the deal closes on April 25. Saltchuk, which has offered $13 million for the cargo operations, specifies in its proposal that Aloha needs to continue running the cargo operations -- at Saltchuk's expense -- during a transition period after the deal closes so that service can continue uninterrupted.[6] "There is only one seniority list for the entire Aloha pilot group ' no differentiation or segmentation is made for passenger vs. cargo pilots.[8]
Aloha shut down passenger operations on March 31st but continues to fly more than 80 percent of the state's air cargo -- and all of the U.S. mail to Maui and the Big Island.[4] Saltchuk already has incorporated a new Hawaii subsidiary that it is calling Aeko Kula Inc., or "golden eagle" in Hawaiian. Saltchuk has applications on its Web site for captains, first officers, mechanics and other positions for its Aloha operations, which it intends to operate under the Aloha Air Cargo identity and brand. When Saltchuk announced its purchase offer, it said its goal was to retain as many of the Aloha Air Cargo employees as possible.[6]
Aloha is the state's largest air cargo company with about 85 percent of the market.[8]
The training sessions, which involve three days in the classroom and time on a flight simulator, are the result of negotiations the company has had with the pilots union, said Aloha spokesman Stu Glauberman.[13] Aloha management says the pilots simply cannot strike under current law and calls the threat of a strike a negotiations ploy.[9]
We spoke with the attorney for the pilots association by phone from New York. He says the association and the pilots have been rebuffed and ignored repeatedly by Aloha management.[9] John Riddel, an Aloha captain and a member of the master executive council of the Air Line Pilots Association, said many problems remain.[13]
By "terminating" all pilots who were not assigned to the cargo division, Aloha ignored and circumvented the seniority-based process of the contract, the lawsuit said.[8] Aloha fired all but 40 of its 312 pilots when it ceased operations three weeks ago.[1]
"Pilots hired within the past six months remained on the company payroll, earning wages and receiving benefits, while the pilot with the second highest seniority in the entire pilot group who has been employed at Aloha for 29 years was essentially furloughed by virtue of the 'termination' letter," the complaint said.[8] The union wants the airline to use seniority to determine which pilots to use for the cargo flights, but the company wants to use existing cargo pilots.[12] The union and management have been sparring over which pilots should fly the cargo routes, a disagreement that hinges on the definition of pilot seniority.[13]
ALPA said the union has been rebuffed and ignored by Aloha management and that the company's actions over the past week have unquestionably triggered a 'major dispute' under the Railway Labor Act.[2]
ALPA and the Aloha pilots will continue to suffer irreparable injury from Aloha's unlawfully conduct.[7] Notwithstanding the above, ALPA and the Aloha pilots it represents have for some time offered concessions and tried to reach some mutually acceptable resolution of the major dispute.[7]
The move signals progress toward resolving a labor dispute that threatened to take down what remained of Aloha Airlines after it filed for bankruptcy protection and halted passenger service last month. [13] Six days a week crews at Armstrong Produce prepare products for Aloha Airlines Cargo flights.[4]
Aloha says it will take necessary legal action to prevent any disruption to the cargo service.[9] The U.S. Postal Service says it will monitor the situation closely. "It is going to affect us." It "could" affect Aloha's remaining 400 employees -- as well as the value of the cargo operations to potential buyers.[4]
Only about 40 cargo pilots remain after the company shut down passenger operations on March 31.[2] About 40 cargo pilots remain after the company ended passenger service last month.[12]
"If more than 20 percent of the (cargo planes) are transferred, the collective-bargaining agreement says the pilots have to transfer with it."[6] The airline is attempting to sell the division and has accused the pilots of attempting to disrupt cargo operations.[8] Founded in 1931, ALPA is the world's largest pilot union, representing more than 56,000 pilots at 41 airlines in the U.S. and Canada.[7]
Aloha officials say the union's threat is a negotiations ploy -- but the threat alone is causing concern.[4]
Aloha is a "common carrier" by air and engaged in interstate or foreign commerce under Section 201 of the RLA, 45 U.S.C. S 181 and is subject to the provisions of the RLA.[7] The actions of Aloha over the past weeks have unquestionably triggered a "major dispute" under the Railway Labor Act ("RLA"), 45 U.S.C. SS 151 et seq.[7]
The dispute between ALPA and Aloha constitutes a labor dispute within the meaning of Section 13(a) of the Norris-LaGuardia Act, 29 U.S.C. S113(a). This proceeding is a "core proceeding" under 28 U.S.C. S 157(b)(2). Venue of the Adversary Proceeding in this district is proper pursuant to 28 U.S.C. SS 1408 and 1409.[7]
Depriving such pilots of the ability to retire early deprived them of the opportunity to pay for retiree health care by using unused sick leave hours accrued as of the date of retirement, per CBA Section 29.E. [7] Furloughed pilots then have option to continue for 1 year thereafter by paying same rate Company pays for active employees.[7] "What the company's conduct has been over the past several weeks has been nothing short of outrageous; the pilots have turned the other hand, and have offered concession after concession after concession," James Linsey said.[9]
The pilot retraining will ensure senior pilots have the qualifications to bid for the cargo flights.[13]
The complaint, filed in U.S. Bankruptcy Court, seeks injunctive relief against the airline. [14]
SOURCES
1. Aloha pilots threaten strike on cargo work - Pacific Business News (Honolulu):
2. Star-Bulletin Breaking News - Aloha Airlines cargo pilots threaten April 26 strike
3. SignOnSanDiego.com > News > State -- Aloha cargo pilots threaten strike
4. Aloha Pilots Strike Threat | KHON2 FOX | KHON News
5. Remaining Aloha Pilots Threaten To Strike - Most Popular News Story - KITV Honolulu
6. Aloha vows to stop disruptive pilots | starbulletin.com | Business | /2008/04/19/
7. Aloha Pilots Seek Court Injunction
8. Aloha Airlines pilots threaten April 26 strike | HonoluluAdvertiser.com | The Honolulu Advertiser
9. Aloha Cargo Pilots Threaten to Strike | KGMB9.com | Pilots, Aloha, Concession, Strike, Association
10. SunHerald.com : Aloha Pilots Seek Court Injunction
11. Aloha Pilots Look for Court Injunctive
12. Aloha pilots threaten strike over cargo flights - Forbes.com
13. Aloha begins retraining senior pilots to fly cargo planes | Chron.com - Houston Chronicle
14. Aloha pilots file complaint, threaten strike | Industries | Industrials, Materials & Utilities | Reuters
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