Media & Press • Tuesday, March 11, 2008 NEWS from BALPA
British Airline Pilots’ Association
11th March 2008
NO PILOTS’ STRIKE OVER EASTER
The British Airline Pilots' Association (BALPA) has confirmed that there will be no disruption to the public over Easter. Jim McAuslan, BALPA General Secretary said ‘our row is not with the travelling public who will have worked hard for their Easter break.’
The threat of disruption has arisen because BA plans to start a new service flying passengers from mainland European capitals to the USA. The service, called OpenSkies, is using BA money, will use BA planes with BA support and is being overseen by senior BA managers but will not use BA pilots.
'Despite BALPA’s willingness to accept the cost base proposed by BA for OpenSkies, the company has not been prepared to provide the employment security and career development opportunities which are at the heart of the dispute. Our pilots are fighting for their futures and the wellbeing of their families.'
'Pilots have contributed to the success of BA for years. Now they are told their work is to be outsourced jeopardising jobs and careers. These are legitimate and reasonable concerns that the company has not been prepared to address.
British Airways encouraged their pilots to participate in the strike ballot believing that this would dilute the final vote. Their campaign backfired with 86% of BA's pilots voting for strike action on a huge 90% poll. This would be the first strike of BA pilots for 30 years.’
British Airways is now claiming that BA pilots cannot legally pursue their job security concerns because of a piece of European legislation. Jim McAuslan added ‘British Airways should be at the negotiating table and not using European legislation designed to ensure free competition between companies and not to restrict the freedoms of Trade Unions in industrial disputes. We have sought to place this matter before the courts ourselves in order to resolve the question as quickly as possible. This is an unprecedented move by a union and demonstrates the responsible way in which BALPA has approached this.’
Footnote:
BA is asserting it has a fundamental right under Article 43 of the EC Treaty (“Article 43 EC”) to establish operations in another EU Member State. This right includes both establishing new airline services in other EU Member States, as well as acquiring existing operations from third parties. BALPA is seeking a Declaration from the Court as to whether Article 43 does apply and whether it may rely on the strike ballot to avoid a claim for unlimited damages.