http://www.iam141.org/usairway.htm
Updates
Machinists File Lawsuit Over Firings at US Airways
March 23, 2006
To All District 141 Members Employed by US Airways:
Dear Sisters and Brothers,
Printable Version
The IAM today filed a federal complaint against US Airways for multiple violations of the Railway Labor Act. The suit follows the airline’s termination of twenty-two employees at its Philadelphia, PA hub, many of whom were IAM officers and key representatives. The complaint, filed in the United States District Court for the Eastern District of Pennsylvania, is available at Complaint.
US Airways is attempting to systematically eliminate your union representation. The airline fired our representatives to deny you your right to choose representatives and to influence a potential representation election.
The IAM representatives were terminated for alleged involvement in a February 8, 2006 altercation instigated by representatives of the Transport Workers Union (TWU). The IAM and TWU are both vying to represent US Airways Fleet Service employees following the airline’s merger with America West Airlines.
When conducting an investigation of the incident, US Airways’ management refused to speak with any of the IAM-represented employees unless they waived their right to be represented and accompanied by their union representative.
The complaint also charges the airline with refusing IAM representatives their contractual right to enter US Airways property to investigate grievances involving Fleet Service employees.
None of the employees were on a work shift at the time if the incident, it did not take place on US Airways’ property nor did it effect the operation of US Airways in any way. The firings are an attempt to undermine the Machinists Union at US Airways.
The IAM complaint seeks a temporary, preliminary and permanent injunction ordering US Airways to immediately reinstate each of the terminated employees and make each of them whole for all losses suffered, to immediately permit any representative designated by the IAM to enter US Airways’ property for the purpose of representing Fleet Service employees and unspecified compensation and punitive damages.
You will be updated of any new developments.
Fraternally,
S.R. (Randy) Canale
President and Directing General Chairman
The link to the complaint. OMG!!!
http://www.iam141.org/PDF/US%20Airways/USA.RLA.Complaint.pdf
There side and what is in the press read and compaire. 😳
US Airways sued over dismissalsThe suit says 22 union members were unjustly fired. The airline denies it.By Jane M. Von BergenInquirer Staff WriterAfter a brawl between rival unions, US Airways unjustly fired 22 union members - many of them leaders - in an attempt to systematically eliminate union representation, according to a lawsuit filed against the airline in federal court yesterday.
The International Association of Machinists and Aerospace Workers' lawsuit, filed in U.S. District Court in Philadelphia, says that organizers from the Transport Workers Union started the violence and that the machinists acted only in self-defense.
US Airways says the suit is without merit.
Five TWU organizers were beaten, allegedly by the machinists, during a meeting Feb. 8 at the Philadelphia Airport Marriott. The brawl also involved about 25 machinists' union members, according to an affidavit signed by one of the TWU organizers. Both unions want to represent baggage handlers under the new US Airways, which merged last year with America West Airlines.
"The firings are an attempt to undermine the machinists' union at US Airways," said Stephen "Randy" Canale, of Havertown, general chairman of the segment of the union that represents 5,500 active and furloughed US Airways baggage handlers.
"This lawsuit has absolutely no merit," US Airways spokesman Philip Gee said in a statement. "US Airways terminated 22 employees after a thorough investigation revealed that they were involved in an assault of TWU representatives," who were not US Airways employees.
"Our investigation revealed no credible evidence that the TWU representatives instigated the violent altercation," he wrote. "US Airways has zero tolerance for acts of violence, intimidation, and harassment against or by any employee. The terminated employees were dealt with accordingly."
Two TWU organizers wound up in the hospital. The Philadelphia District Attorney's Office is still investigating, a spokeswoman said yesterday.
"Just because you are in a hospital being treated doesn't mean you are right," Canale said. His workers also were injured.
According to the lawsuit, the TWU organizers tried to force machinists' union members to leave the meeting and "physically assaulted some... . As a result of this unprovoked assault, a fight broke out."
David Rosen, general counsel for the TWU, laughed when he heard the complaint. "It sounds like I'm getting Bizarro-world version of the facts," he said.
The TWU organizer's affidavit, filed the day of the incident, said that "a crowd of 25 men from the lobby burst through the doors of the meeting room. The men picked up the chairs and threw them at us. They punched us and kicked us and broke glass and furniture."
The TWU represents about 2,400 baggage handlers originally with America West. The machinists' union represents original US Airways baggage handlers, the majority.
Canale said the implications of the airline's actions went beyond firing workers in a fight. The US Airways workers were attending a union meeting, were not on company time, and were not on company property, so the company should not interfere, he said.
"If I am in a bar fight, does US Airways have a right to discipline me?" he asked.
Many of those fired were shop stewards and union leaders and now are not allowed on US Airways property to represent workers, in violation of the union's contract, Canale said.
Canale said he thought the airline was trying to weaken the machinists' union to discourage turnout at a pending representation election. If fewer than half vote, the workers lose their union status.
That happened in an earlier merger, he said, and "US Airways wants history to repeat itself."
The lawsuit asks for the 22 workers, all longtime employees, to be reinstated immediately and compensated for their losses.
