How Deep Does it Run?
What happens when pilots become stuck in a kangaroo court because of an Act that passed 91-years ago, with the most recent amendment ten years later? The railway labor act (RLA) of 1926 rules the land, of what Darby calls "airplane court" where airlines get away with atrocities, and pilots are left flapping in the wind because the union might have other interests. Last week we read an excerpt from a medical report that was nothing short of shocking.
Airlines are Using Mental Health
as a Retaliatory Tactic
to Remove Pilots!!!
Even when the pilot holds
A First Class Medical
The Kangaroo Court can
Keep them Grounded
Today I am presenting another letter from a pilot who has been battling this for 10-years. Amazing how there are people who will destroy others lives for money and power. And it's legal, and they can get away with it because of an antiquated Act.
READ THE NOVELS
"Where Fact Mirrors Fiction"
And Be Prepared for FLIGHT FOR JUSTICE
"I recently finished reading your books you sent me. I could not put them down once I started reading them.
I thought I was reading my own story
as unbelievable as it is.
I'm still involved in litigation against my union, in the Florida Southern District of Florida. I have a Duty of Fair Representation lawsuit pending relating to a grievance that has been pending for more than 10 years, stemming from a Section [**] company medical evaluation.
As you may recall from our conversation, I was medically disqualified by [Legacy Carrier] in 2003, based on a medical review conducted by the company, with no diagnosis, whatsoever, of any disqualifying medical condition. After being held out of service for nearly a year without pay, I was approved for disability benefits, even though [Legacy Carrier] was aware that I continued to hold an FAA First Class Medical. I was threatened with termination unless I agreed to be evaluated and treated by a physician selected by [Legacy Carrier], who after the fact, diagnosed me with a disqualifying medical condition.
Months later, when I continued to object, I was prescribed a disqualifying medication in order to make the shoe fit. After being placed on disability for several years, in 2007 I was stripped of all benefits along with more than 100 other pilots under the premise that I am no longer disabled or in need of medical treatment or that I had failed to get qualified medical care.
All of the pilots essentially got a form letter stating the same thing. This, despite the fact that I was under the care of a physician assigned to me by [Legacy Carrier], who had not medically cleared me. "Long story short", Thereafter, [Legacy Carrier] ignored my requests for medical clearance to return to work and my grievance has been languishing for nearly ten years.
I am now facing mandatory retirement age, and unless the retirement age is lifted before the end of the year, my flying career is "history." Obviously this was the plan all along. I got a reprieve when they lifted the retirement age to 60, but the company and my union have allowed my clock to run out again.
On another note, I may have told you about [Union] having taken the bold step to lock disabled pilots out of the [union communication]. In order to silence dissident disabled pilots, like myself [UNION] locked disabled pilots and pilots with a history of disability out of the virtual union hall and refused to issue them membership cards.
I filed suit in the Florida Southern District under the Labor Management Reporting and Disclosure Act (LMRDA) or "Union Members Bill of Rights" for [UNION's] violation of my right of free speech. This resulted in a four (4) day bench trial in Federal Court, where [UNION] hired several ivy league law firms and along with their in house counsel fought "tooth and nail" to defended against the disabled union members "right of free speech" and right to participate in union hall activities.
There are 800 pages of transcripts, but the essence of [UNION's] argument was that disabled pilots have nothing to offer the union and so their actions were reasonable. The judge disagreed and entered a mandatory injunction against the [UNION] requiring them to treat me as an active member and reinstate my access to union communication activities.
While this was a suit filed by me as an individual, rather than a class action suit, it resulted in the reinstatement of approximately 250 other pilots with a history of disability to the union communication forum. "A permanent black eye for the [UNION]."
However, "you can't change a tigers stripes." Recently [UNION] excluded all 250 pilots with a history of disability from the new integrated seniority list between [Legacy Carrier]. One more nail in my coffin.
"My motto: Press on Regardless"
A great motto! However, the more I dig, the more I learn, and I realize there more atrocities than we could imagine. On a positive note, this pilot took a stand and won against the union. Standing up in Federal Court against the big boys, alone, and winning is nothing short of amazing. But who is standing up for this pilot's fight for airline reinstatement? This is a system that needs fixing.
Truth is Stranger than Fiction.