www.baplane-bapilot.org
Pilots Accuse BA Of Misrepresentation
12/03/2008
The British Airline Pilots' Association today accused British Airways of misrepresenting their position in their dispute with the airline and expressed concern as to whether BA really wanted a negotiated settlement.
When talks between BALPA and BA broke down on Friday night of last week, BA announced if strike dates were given it would go to the High Court to seek an injunction preventing the strike, basing their case on a novel approach, the use of Article 43 of the Treaty of Rome.
BALPA did not accept this argument but rather than announce strike dates it took the initiative and referred the matter to the High Court to seek a ruling on whether BA's reliance on Article 43 of the Treaty of Rome had any bearing on the industrial dispute.
The Court has agreed to 'stop the clock' on the 28 days during which the union must serve notice of a strike to allow the High Court to decide the matter.
'We have been shocked to learn today that BA has entirely misrepresented the position to the media,' BALPA General Secretary Jim McAuslan declared.
'BA said that BALPA recognises that the airline has a strong legal case that any strike action would be unlawful. Nothing could be further from the truth.'
BALPA said that such tactics are clearly unhelpful and are likely to hinder a negotiated settlement. Perhaps, BALPA says, that is BA's objective.
'What has happened is that BA has raised a novel point of law, using the Treaty of Rome.' Jim McAuslan said.
The Court's determination will have huge implications for all employers and trade unions.
'Our view is that the point raised by BA has no bearing on an industrial dispute such as the one we have with BA because it plans to outsource BA pilots' jobs and our actions are both legitimate and proportionate.
'What makes matters worse is that BA is saying publicly that our decision to take the matter to the High Court and not announce a strike is proof that we accept that BA has a "strong case". This is outrageous. We have not announced strike dates because we wish the Court to consider the matter with great care and without pressure. We also thought it right to make clear to the public, with whom we have no dispute, that there will be no industrial action over the Easter period.
'BA's misrepresentation of our position is a disgrace and one which has angered their pilots.'
Sums it up well.
