130 US Airways Flight Attendants Sue Company & Union for $1.2 Billion
NEW YORK, March 16 –- More than 100 US Airways flight attendants have filed a one billion dollar suit in federal court in New York against their employer and union.
The flight attendants contend that they were duped by US Airways, their employer, and their union, the Association of Flight Attendants [AFA], into believing they were no longer part of US Airways and thus coerced into accepting much lower pay and benefits than they were actually entitled to.
The suit, filed in U.S. District Court in Brooklyn on behalf of some 130 flight attendants, stems from a 2003 plan by US Airways to facilitate the hiring of furloughed flight attendants and pilots to fly for a new venture, MidAtlantic Airways, Inc.
Initially, US Airways intended to form MidAtlantic as a wholly-owned subsidiary that would operate independently of US Airways and would have its own Federal Aviation Administration operating certificate.
However, according to the complaint filed in the Eastern District of New York, MidAtlantic never actually obtained its own operating certificate and was never actually formed. Instead, US Airways simply painted the words “US Airways Express†on the side of various aircraft that were purchased for use by MidAtlantic.
Thus, the complaint suggests, “MidAtlantic†never actually existed. The flight attendants and pilots were thereby paid at rates that would be expected at a small, new upstart carrier, rather than the wages and benefits they were receiving at US Airways. The complaint asserts that the flight attendants should have been deemed to be employees of US Airways who were recalled from furlough and should have resumed the pay and benefits called for in the US Airways collective bargaining agreements.
In most respects, the complaint mirrors allegations in a complaint filed earlier by more than 300 pilots against US Airways and the pilots union, known as the Air Line Pilots Association.
The complaint alleges that the Association of Flight Attendants, and US Airways together violated the Collective Bargaining Agreement, the Duty of Fair Representation owed by a union to its members, the Railway Labor Act, and the federal Racketeer Influenced Corrupt Organizations Act [RICO], as well as other federal statutes. Under RICO law, treble damages are collectible.
“By creating the fiction of MidAtlantic Airways,†a spokesperson for the plaintiffs said, “the company and the union took millions of dollars out of the flight attendants’ pockets and denied them the collective bargaining agreement that they had voted for and which should have protected them.â€
NEW YORK, March 16 –- More than 100 US Airways flight attendants have filed a one billion dollar suit in federal court in New York against their employer and union.
The flight attendants contend that they were duped by US Airways, their employer, and their union, the Association of Flight Attendants [AFA], into believing they were no longer part of US Airways and thus coerced into accepting much lower pay and benefits than they were actually entitled to.
The suit, filed in U.S. District Court in Brooklyn on behalf of some 130 flight attendants, stems from a 2003 plan by US Airways to facilitate the hiring of furloughed flight attendants and pilots to fly for a new venture, MidAtlantic Airways, Inc.
Initially, US Airways intended to form MidAtlantic as a wholly-owned subsidiary that would operate independently of US Airways and would have its own Federal Aviation Administration operating certificate.
However, according to the complaint filed in the Eastern District of New York, MidAtlantic never actually obtained its own operating certificate and was never actually formed. Instead, US Airways simply painted the words “US Airways Express†on the side of various aircraft that were purchased for use by MidAtlantic.
Thus, the complaint suggests, “MidAtlantic†never actually existed. The flight attendants and pilots were thereby paid at rates that would be expected at a small, new upstart carrier, rather than the wages and benefits they were receiving at US Airways. The complaint asserts that the flight attendants should have been deemed to be employees of US Airways who were recalled from furlough and should have resumed the pay and benefits called for in the US Airways collective bargaining agreements.
In most respects, the complaint mirrors allegations in a complaint filed earlier by more than 300 pilots against US Airways and the pilots union, known as the Air Line Pilots Association.
The complaint alleges that the Association of Flight Attendants, and US Airways together violated the Collective Bargaining Agreement, the Duty of Fair Representation owed by a union to its members, the Railway Labor Act, and the federal Racketeer Influenced Corrupt Organizations Act [RICO], as well as other federal statutes. Under RICO law, treble damages are collectible.
“By creating the fiction of MidAtlantic Airways,†a spokesperson for the plaintiffs said, “the company and the union took millions of dollars out of the flight attendants’ pockets and denied them the collective bargaining agreement that they had voted for and which should have protected them.â€