Part Three
Individual Problems
Needless to say, being a 49er is not easy. Far from being a paid holiday, the sudden loss of career, compensation and security has taken a heavy toll on each of the officers and their families. Though the additional 4% in subscriptions for remaining employed members is significant, it is unlikely that any member would willingly change places with a 49er.
In a prolonged dispute, it is natural to expect that we would tend psychologically to “deny” The 49ers to try to make the problem “go away”. Consequently, some might have a tendency to believe propaganda and rumours that help us to justify that conclusion (“They deserved it”, “The 49ers are living it up”, “There’s nothing I can do anyway”). To counteract that psychology, we need to understand the realities The 49ers have had to face.
For example:
• Two of The 49ers and their families were literally evicted by management from their Cathay leased houses. Imagine the degradation of that. One officer had already arranged with his landlord to stay in his home but managers and lawyers still contacted him and threatened to evict him and his family if he did not give up possession of his home.
• Management and lawyers are sending letters claiming money payments whilst simultaneously refusing to repay other outstanding monies.
• Management has generally delayed and prevaricated to hinder access to files that are protected by the Data Privacy Ordinance? Complaints to the Data Privacy Office were politely rebuffed.
• Management booked repatriation flights on alternate carriers to ensure 49er families flew home in Economy class rather than in contractually obligated higher classes with Cathay Pacific, despite the higher cost to the company.
• The 49ers that had received credit cards through promotions advertised for Cathay Pacific employees found their cards cancelled without notice.
• All 49ers receive no travel benefits despite contractual entitlement, even qualified retirement travel.
• 49ers are not permitted “companion travel” if nominated by another CX employee.
• Management are withholding payment of some of The 49ers’ rental deposits and ticket refunds.
For every 49er victimisation story you hear, there are more than 49 others. Every 49er has lost more than “just” his career. Did you know that, despite the recession, there are quite a few aviation vacancies out there? One recurring theme is that other employers just won’t touch any ex-Cathay pilots because they are seen as too much trouble. In effect, there already exists a Cathay blacklist. Therefore, despite no reasons being given, our colleagues are “branded” as troublemakers with no future prospects. Imagine how you would feel if that was you? The 49ers were carefully selected so that each and every one of us harbours just that fear.
Psychological Operations
“PsyOps” is a normal tactic in any union-bust situation. It involves the dissemination of rumours designed to undermine the effectiveness of the union and its officers. In his book, Marty Levitt, a union-buster turned unionist, describes how he would use gullible employees to spread rumours and untruths. The rumours that you do hear are not random, but are carefully scripted by a consulting firm that busts unions as a specialty.
Rumour: The 49ers are “living it up” on subsistence payments.
Fact: 49er Subsistence salary is limited to half of previous salary.
Rumour: The 49ers have rejected offers to return to work.
Fact: No return to work offer of any kind has been made to the 49ers or to the committee.
Rumour: The 49ers were troublemakers and deserved to be dismissed.
Fact: Management declined a request for D&G Procedure to any of the 49ers and refuse the prospect of an independent observer viewing employment files. Many of the 49ers actually have several letters of commendation on their personal files and no 49er was given warning that his employment was under immediate threat.
Rumour: The 49ers have prevented resolution of the dispute and undermined possible deals due to a lengthy list of demands.
Fact: No demands have been made with respect to 49er reinstatement.
49ers Assistance
One of the precepts advertised prior to June 2000 was that the union would care financially for any pilot wrongfully terminated by management. The balancing factor was that he would be required to work for the Association. Having a pool of pilots available for tasking has been enormously beneficial. For example, the Association has used the visual medium of Video Compact Discs (VCDs) to communicate with its members and families spread around the World. They are cheap (60¢US), can be played on any computer or disc player and they can be edited easily in-house. A normal 2-hour members’ meeting can be edited onto a 45-minute disc and distributed anywhere in the World within about 10 days. It can also be on the Internet, viewable with simple free software, within about 4 days. However, it takes several many man-hours, maybe 16-20 to produce a single master disc. The 49ers supply that manpower.
The 49ers and their spouses have been effectively utilized since the outset on a multitude of tasks for the benefit of other members. We have used their expertise and we now have experts in accounting, administration, communications, government policy, local and international law, politics, research and video technology, not to mention a myriad of computer-based skills. Some 49ers assist full-time in Hong Kong and others work part-time overseas. Some work online from wherever they are in the World, but each 49er takes time to do at least a two-week rotation in the HKAOA office. It is true that we have 49ers that have enjoyed less time off than their employed colleagues.
Subsequent Intimidation
As the dispute lengthened, the pilots were more unified than ever. Management decided on a new tactic because they had had too much negative publicity from their initial attack. The new tactic is individual intimidation.
During September and October, management targeted six Captains for so-called misdemeanours and used DGP to investigate. There was a range of charges up to and including gross insubordination. All charges, if proven, were termination offences. Using contractual DGP, all pilots put forward evidence to defend themselves. In each case, not one offence was proven and the hearing officers merely opined that they had lost confidence in the officer and he was demoted to the rank of First Officer, thereby incurring a substantial pay cut. A DGP is based on the principles of common sense and natural justice, which was clearly not applicable. Consequently, no Captain appealed his demotion through to the final stage. Six more Captains joined the ranks of The 49ers.
Having subjugated the Captains, it was now time for management to target more junior ranks. One First Officer was demoted to Second Officer for periods of sickness, despite required certification by company-approved doctors. From October through to December, four First Officers immediately eligible and in-line for promotion to Captain were interviewed and told that they were unsuitable for Command. The reasons given did not relate to their flying skills but more towards their “industrial attitude”, “lack of commitment” and the “wearing of yellow” – the colour associated with The 49er hostages.
The beginning of 2002 saw another twist to the First Officer intimidation. Pilots who were still several months from a command course were told that they should go away and consider their behaviour and how they might improve. Not one example was given of inadequate or improper conduct, however, they were recategorised as “unsuitable for Command” in seniority order nonetheless. Indeed, General Managers are now saying that command in seniority order is finished and that future commands will be on “merit”. If that is the case, Cathay Pacific Airways has ceased to be a career airline. Even a large contract airline has a contract term longer than 3 months.
George Orwell’s “Thought Police” had arrived. Now every pilot had to live in the fear that every time he did or said anything, he might incur an interview with the Director Flight Operations and his 3 General Managers and his future income and career progression would be hindered. All this was without any recourse to contractual provisions or protection.
To date, The 49ers number some 62 pilots who have been directly affected by management’s selective intimidation.