The Cathay Pilots Union is writing to all AOA members to ask for your direct support in assisting the 19 49ers and their families who have declined the Company Offer.
As you know, we expect the court case to be heard within the year. It will be a very high profile case, some 5 years after the event, and is still being monitored by the UN International Labour Organisation (ILO). It will establish whether Cathay Pacific Airways broke the Law on 2 counts:
1. Breach of employment contract.
2. Breach of Section 21B(2)(b) of the Employment Ordinance, which protects against anti-union discrimination.
What this means for you, as a Cathay employee, is that your individual protection against such abuse will be increased in future. It will enhance your own contract security significantly. On that basis alone, we strongly encourage you to assist.
In the absence of a proper settlement, the fundamental reason for this action is that your contract needs the extra protection of a judge’s ruling.
“Binding” Resolutions? Repeatedly, the HKAOA GC told us that any 49er can continue the action on a self-funding basis, but what exactly did the AOA members vote on?
From the newsletter dated 16th December 2004:
The Association would be required to cease funding all legal actions related to the dismissals.
Under the Terms of this Offer, the Association is also required to make a decision regarding its acceptability and we anticipate that a motion with the following wording will be put to the Membership at an Extraordinary General Meeting…“Be it resolved that the Membership of the Association accepts the Company Offer of 14th December 2004 on The 49ers”.
Should the motion pass, your GC will also, in accordance with the Terms of the Offer, instruct the 49er’s solicitors that the Association will henceforth cease funding the related legal actions.
What the Membership actually accepted was that the Association is required to stop funding the legal actions. There is nothing preventing any member giving some of his/her own money to a 49er. Both commonsense and morality reinforce that statement. If you are still in any doubt that the Resolution is being properly enacted, ask yourself this:
˙ Has the Association stopped legal funding?
The answer is obviously “Yes”, so there is no breach of HKAOA Rules, no breach of the Resolution and no breach of the Company Agreement. We are free to assist The 49ers individually. And so we should be.
Dual Membership? You will have noticed that the HKAOA GC has embarked upon a campaign to stop AOA members joining two unions e.g. “dual membership of CPU and the AOA is precluded”. Here are the facts:
˙ Dual membership is currently specifically permitted and practised e.g. BALPA membership. Only if AOA members agree to change the Rules in the future will you be prevented from dual membership.
˙ CPU is not saying “leave the AOA – join us”. We are saying “please join CPU and support The 49ers because that is your right”. CPU is inclusive.
˙ Freedom of Association – forming and joining trade unions - is protected by International Convention, and is enshrined in the HK Basic Law and the Bill of Rights.
The CPU Threat? CPU is being portrayed as the villain in the piece, which will “inevitably cause considerable damage to the welfare of the wider pilot community”. This is rubbish. We wonder if the HKAOA said the same when the Dragonair Pilots Association (DPA) formed. CPU offers the opportunity of union membership to pilots at Air Hong Kong, CR Airways, GFS, Heli Services, Hong Kong Express and Metrojet i.e. improvement for the wider pilot community.
It is a fact that the AOA chose to abandon 19 unfairly dismissed AOA members. If you think they have not been abandoned then ask yourself just what is the AOA doing to help them now? Answer: Nothing – even welfare subsistence has already been withdrawn from them, whilst it remains for those 49ers who did accept the Offer.
CPU was formed as a direct result of this abandonment. It is simply cause and effect. With virtually no overheads, CPU membership gives the most efficient means to fund the legals, whilst also providing the greatest regulatory protection and democratic input to the process. One must question why it is that the HKAOA GC is going to such lengths to prevent us from helping the AOA members it abandoned.
Donations. As we’ve said in our newsletters, “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”. If you’ve read all of the reasoning above but still feel that you would prefer to remain a member of just one union, we still need your financial support for The 49ers. It will be used only for the legal actions.
CPU’s task is focused solely on that aim and we’ve already demonstrated our commitment to confidentiality. More than 200 AOA members voted in April to support ongoing legal action. Most Members understandably baulked at the specious proposals for advanced special levies of up to 3 years’ additional subs. All we need from you is less than the 1_% that your AOA subs have already reduced by. That investment will increase your contractual protections and obtain justice for The 49ers.
Please re-assign that sum, or more, as a monthly donation to CPU to fund the legals.
Transfer of funds to CPU Bank Account. In order to preserve your confidentiality, CPU will not currently be offering a Direct Debit Authority function. Transfers may be made directly to the CPU bank account by using the following details:
Name of account: The Cathay Pilots Union
Bank: HSBC
Branch: 1 Queen’s Road, Central
Account Number: 808-083075-001
Funds may be deposited by internet banking, telephone banking or through your branch. The simplest and easiest method to make a regular deposit is by Standing Instruction which will allow your subscriptions and/or donations to be made without further input from you. Please consider using this method of payment since it will reduce the amount of administration. Please click here to download a Standing Instruction form, with the CPU details, for those of you who bank with HSBC.
Insurance. A range of loss of licence income insurance options has been arranged for CPU members. Details will be posted on the website shortly.
Summary. The legal cases in HK are ongoing and we need your support. There is nothing to prevent you either joining CPU or making anonymous contributions. Doing so will enhance your contractual protection and assist those 49ers and their families who have been abandoned.
Please help by contacting The CPU Preparatory Committee:
Email:
[email protected] Website:
http://www.cathaypilotsunion.org Address: 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 welcomes your support!