The Cathay Pilots Union
Ladies and Gentlemen
We are pleased to announce that the Registrar of Trade Unions has approved our application and The Cathay Pilots Union is now a Registered Trade Union with benefits and protections as defined by the Ordinance.
The CPU website is at
http://www.cathaypilotsunion.org and the approved rules have been posted.
Contrary to what you may have read elsewhere, you are free to join CPU without limitation. In Hong Kong, it is illegal to impose any restriction on the right to form and join a union such as The CPU.
There are now 19 49ers who need our help. The CPU has been formed primarily to assist them in their fight for justice.
Legal Update - UK
The ruling of the UK Court of Appeal was formally handed down on 19th May 2005. The court ruled by a 2:1 majority verdict that the UK courts do have jurisdiction to hear the case brought by the Veta pilots. This is a landmark ruling and now forms part of UK case law. This is a great achievement and we can be justifiably proud. It means that every UK-based Veta pilot now enjoys the protection of UK Employment law, which provides that: "an employee has the right not to be unfairly dismissed by his employer".
The ruling also affects other employees, such as North Sea divers. Some other companies seek to avoid their responsibilities to UK-based employees by means of overseas registered shell companies. Consequently, there is a great deal of media interest in our situation. The Court of Appeal also:
* Referred the case back to the Employment Tribunal for a full hearing on the substantive issues. This will be the first time that the facts surrounding the disgraceful treatment handed out to The 49ers will be aired in open court.
* Awarded us 75% of our costs.
* Refused leave to appeal to the House of Lords for both parties, meaning that either party would first have to petition the Lords for final appeal. Apparently, Veta intends to do so and any such petition, if successful, will be defended. The full judgement is at:
http://www.bailii.org/ew/cases/EWCA/Civ/2005/599.html
Legal Update - HK
The expected time frame for the Hong Kong court case is one year. Nearly all of the preliminaries have been completed. As a reminder, these are the issues before the Court:
1. Breach of employment contract.
2. Breach of Section 21B(2)(b) of the Employment Ordinance which protects against anti-union discrimination.
The successful conclusion of these legal actions will not only bring justice for The 49ers but will also strengthen the contracts of all HK pilots. In the absence of fair settlement, these actions represent an investment in career security and it is vital that they are pursued.
Membership Privacy
CPU membership applications have been steady. We understand the need for privacy and confidentiality, and have designed procedures accordingly. For example, the RTU advises and protects confidentiality for the founding members of the CPU, who were required for registration. That is one reason why we preserve the Preparatory Committee’s anonymity. We have designed our procedures so that every new applicant and all members will be able to exercise their rights whilst maintaining their privacy.
Eligibility
* CPU membership will be attractive to pilots who are dissatisfied with their current representation and wish to join a union that will continue to pursue the legal strategy.
* There are also pilots already represented one way or another but who wish to support the legal strategy. Should they so choose, these members can legally have the benefits of membership of more than one organisation.
* There are pilots who believe in pursuing the legal strategy but do not wish to join a union; for this group CPU will maintain anonymity and keep you informed of progress in return for regular donations.
* CPU also seeks Hong Kong pilots who are not currently members of a union but need employment protection. This group includes pilots employed not only by the larger carriers but also carriers such as Metrojet, Air Hong Kong, Heliservices, GFS, CR Airways and Hong Kong Express.
Attached is a CPU membership application form.
* The joining fee is $88 by cheque payable to “The Cathay Pilots Union”
* 1¼ % for Full Membership and ½ % for Second Officers
* There is no requirement for applications to be Proposed and Seconded
* Please post your membership application form and cheque to:
The Cathay Pilots Union
1/F 9B Nga Yiu Tau
Sai Sha Road
Sai Kung, NT.
Contract Security = Fair Treatment for The 49ers
The CPU looks forward to welcoming you to our Union!