Appeals court rules for Delta in dispute with pilots

In this story: 7,500 December flights canceled Union to ask for rehearing RELATED STORIES, SITES

ATLANTA, Georgia (CNN) -- A federal panel of judges ordered Thursday that Delta Airlines' request for an injunction against its pilots union be granted, which would force union members to stop what the airline called a "concerted action" to disrupt airline business by refusing to work overtime.

The 11th U.S. Circuit Court of Appeals ruling ordered that a lower court grant the injunction against the Air Line Pilots Association, which has about 9,800 members. The lower court had earlier denied the airline's request.

In court last week, Delta attorneys argued the pilots were violating provisions of the Railway Labor Act, the law governing contract negotiations in the airline industry, by refusing to work "voluntary overtime." Delta said the pilots' refusal is causing the company irreparable harm.

Delta attorneys presented evidence of a concerted action by the Air Line Pilots Association, through "e-mail traffic and Internet activity," to disrupt the airline's daily schedule.

It is not clear how the ruling will affect the airline's operations. The pilots' contract classifies overtime flying as voluntary and does not require crews to accept a flight if they are not contacted by someone in scheduling.

The airline says about 5 percent of its daily schedule is made up of crews flying "voluntary overtime." Because of crew shortages, the company says it has cut daily operations by about 4 percent a day. Delta said it canceled an estimated 7,500 flights in December because it did not have enough pilots.

"Delta is very grateful for the opinion of the court on behalf of our customers and our company. Delta has regretted being in court on this issue, but it was necessary to take every available step to protect the travel plans of our customers. We now look forward to serving the needs of the traveling public," the company said in a statement after the ruling.

The appeals court ruled that "ALPA has not done enough to fulfill its statutorily mandated duty to maintain the agreement and avoid an interruption to commerce. Upon remand, the district court shall issue appropriate injunctive relief directing ALPA to take further steps to end the pilots' no-overtime campaign."

"We are disappointed that a panel of the 11th Circuit Court of Appeals feels that ALPA did not do everything possible to convince Delta pilots to request overtime," the pilot's union said in a statement, "and we will seek a rehearing by the full 11th Circuit. We note, however, the court recognizes that ALPA has counseled the Delta pilots against any concerted 'no overtime' action. ALPA will,of course, continue to respect the decision of the court."

The pilot's union has long urged the Delta pilots to submit overtime requests to assist the company with its scheduling difficulties and we continue to do so."

The company and union are involved in difficult contract talks, and Delta CEO Leo Mullin told analysts Thursday the two sides remain "far apart" on pay increases, benefits and scheduling issues. Last year Mullin promised pilots their new contract would be on the same level as that approved by pilots at United Airlines.

That agreement gave pilots pay increases of more than 25 percent, and senior captains on United's biggest jets will make more than $350,000 annually in the final year of the agreement. The highest-paid Delta captains now make an average of $235,000 a year.

Last week, the pilot's union began contacting its members about a possible strike by as early as April 1.

The negotiations between Delta and the pilots are taking place under federal mediation. The pilots have said if there is no agreement by late February, they'll ask to be released from the mediation so they can begin a mandatory 30-day cooling-off period and then a possible walkout.

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Delta Air Lines
Air Line Pilots Association

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