Southern Air Inc.
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OSHA News Release
2009 - 04/07/2009 - U.S. Labor Department's OSHA orders Southern Air Inc. to withdraw retaliatory lawsuit and pay more than $7.9 million to 9 whistleblowers
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OSHA News Release - Table of Contents
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National News Release: 09-346-BOS
April 7, 2009
Contact: Diana Petterson Ted Fitzgerald
Phone: 202-693-1898 617-565-2074
U.S. Labor Department's OSHA orders Southern Air Inc. to withdraw retaliatory lawsuit and pay more than $7.9 million to 9 whistleblowers
WASHINGTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered Southern Air Inc., a Norwalk, Conn.-based air cargo carrier, to withdraw a lawsuit it filed against nine former employees and pay them more than $7.9 million in wages, damages and legal fees.
Southern Air filed a defamation lawsuit against the former employees in Connecticut Superior Court in May 2008 after some of the workers raised air carrier safety concerns with Southern Air, OSHA and the Federal Aviation Administration (FAA). The workers, all former flight crew members, subsequently filed a whistleblower complaint with OSHA.
OSHA's investigation found that the company's lawsuit was filed in retaliation for the workers' protected activities under the whistleblower provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
"This order sends a strong and clear message that these and other workers have the right to raise safety issues with their employers and regulatory agencies without fear of retaliation and intimidation," said U.S. Secretary of Labor Hilda L. Solis. "The Labor Department will vigorously investigate such allegations and, where merited, order appropriate remedies for workers."
As a result of its investigation, OSHA issued a notice of findings and order to Southern Air directing the airline to do the following:
Withdraw its lawsuit.
Pay the complainants $6,004,000 in lost future earnings, $1,800,000 in compensatory damages and $129,789 in legal fees and costs.
Purge each complainant's personnel file and other records of all warnings, reprimands or derogatory references resulting from protected whistleblower activity.
Refrain from mentioning the complainants' protected whistleblower activity or conveying any damaging information in response to third party inquiries.
Provide all Southern Air crew members with copies of the FAA Whistleblower Protection Program poster and OSHA's notice to employees, and post these in each Southern Air facility.
The complainants and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
In addition to AIR21, OSHA administers the whistleblower provisions of the Occupational Safety and Health (OSH) Act and other statutes protecting employees who report violations of various securities, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation and consumer product safety laws. Detailed information on employee whistleblower rights is available online at Office of the Whistleblower Protection Program (OWPP).
Under the OSH Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
Note: The Labor Department does not release names of employees involved in whistleblower complaints.
2009 - 04/07/2009 - U.S. Labor Department's OSHA orders Southern Air Inc. to withdraw retaliatory lawsuit and pay more than $7.9 million to 9 whistleblowers
--------------------------------------------------------------------------------
OSHA News Release - Table of Contents
--------------------------------------------------------------------------------
National News Release: 09-346-BOS
April 7, 2009
Contact: Diana Petterson Ted Fitzgerald
Phone: 202-693-1898 617-565-2074
U.S. Labor Department's OSHA orders Southern Air Inc. to withdraw retaliatory lawsuit and pay more than $7.9 million to 9 whistleblowers
WASHINGTON -- The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered Southern Air Inc., a Norwalk, Conn.-based air cargo carrier, to withdraw a lawsuit it filed against nine former employees and pay them more than $7.9 million in wages, damages and legal fees.
Southern Air filed a defamation lawsuit against the former employees in Connecticut Superior Court in May 2008 after some of the workers raised air carrier safety concerns with Southern Air, OSHA and the Federal Aviation Administration (FAA). The workers, all former flight crew members, subsequently filed a whistleblower complaint with OSHA.
OSHA's investigation found that the company's lawsuit was filed in retaliation for the workers' protected activities under the whistleblower provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21).
"This order sends a strong and clear message that these and other workers have the right to raise safety issues with their employers and regulatory agencies without fear of retaliation and intimidation," said U.S. Secretary of Labor Hilda L. Solis. "The Labor Department will vigorously investigate such allegations and, where merited, order appropriate remedies for workers."
As a result of its investigation, OSHA issued a notice of findings and order to Southern Air directing the airline to do the following:
Withdraw its lawsuit.
Pay the complainants $6,004,000 in lost future earnings, $1,800,000 in compensatory damages and $129,789 in legal fees and costs.
Purge each complainant's personnel file and other records of all warnings, reprimands or derogatory references resulting from protected whistleblower activity.
Refrain from mentioning the complainants' protected whistleblower activity or conveying any damaging information in response to third party inquiries.
Provide all Southern Air crew members with copies of the FAA Whistleblower Protection Program poster and OSHA's notice to employees, and post these in each Southern Air facility.
The complainants and the airline have 30 days from receipt of the findings to file an appeal with the Labor Department's Office of Administrative Law Judges.
In addition to AIR21, OSHA administers the whistleblower provisions of the Occupational Safety and Health (OSH) Act and other statutes protecting employees who report violations of various securities, trucking, airline, nuclear power, pipeline, environmental, rail, public transportation and consumer product safety laws. Detailed information on employee whistleblower rights is available online at Office of the Whistleblower Protection Program (OWPP).
Under the OSH Act of 1970, employers are responsible for providing a safe and healthful workplace for their employees. OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health. For more information, visit www.osha.gov.
Note: The Labor Department does not release names of employees involved in whistleblower complaints.
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Is it possible for non Americans to work for this company? I see their kites everywhere and after looking at their website, the company seems great and interests me very much.
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There are thousands of highly qualified unemployed pilots in the US at this time. There is little chance unless you currently have the right to live and work in the US and have an FAA license.
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N421AJ
Was there too, but only 4 years, mid 80's. Originally hired for the 'Millennium Vulcan' an 'older' -21 series 8, the only paint was a blue stripe and Southern Air Transport stenciled on the side. Had to open the cockpit window to let the noise out. Herc and 707 too. Good bunch of 'fellas', but then again, most non-skedders are great folks 
...... management just never understands how dedicated their crews really are...... 
...... management just never understands how dedicated their crews really are......
I wonder if there is anyone on this forum willing to share more about these flights, they must have been "interesting"...
Here's a reminder of what happened back then...
1984 March 16: William Buckley, C.I.A. station chief in Beirut, is kidnapped and held by Islamic Holy War, pro-Iranian extremists, in Lebanon. May: Duane Clarridge, a C.I.A. officer who has contacts with the Nicaraguan rebels, introduces Lieut. Col. Oliver L. North, a National Security Council aide, to contra leaders in Honduras. Mr. Clarridge tells them, in effect, that if Congress cuts off aid to the contras in light of revelations that the C.I.A. mined Nicaraguan harbors, Colonel North will continue to work with the contras. May 8: The Rev. Benjamin Weir is kidnapped. Aug. 31: President Reagan's national security adviser, Robert C. McFarlane, asks Government agencies to reassess policy toward Iran. Oct. 12: Congress bans direct or indirect military aid to the contras. Dec. 3: Peter Kilburn of the American University of Beirut is kidnapped. 1985 Jan. 8: The Rev. Lawrence M. Jenco is seized. March 16: Another American, Terry A. Anderson of The Associated Press, is kidnapped in Beirut. May 3: Michael A. Ledeen, a consultant to the National Security Council, meets with Prime Minister Shimon Peres of Israel to discuss Iran. He tells Israel that Washington would approve Israeli shipments of artillery or ammunition to Iran. May 28: David P. Jacobsen of the American University Hospital in Beirut is kidnapped. June 3: Mr. Buckley dies, according to Mr. Jacobsen, who is freed in November 1986. June 9: Thomas M. Sutherland of the American University of Beirut is kidnapped. Early July: David Kimche, Director General of the Israeli Foreign Ministry, tells Mr. McFarlane that Iranian officials want to open a ''political discourse'' with the United States. Mid-July: President Reagan authorizes Mr. McFarlane to make contact with Iran. Aug. 6: Mr. McFarlane briefs Mr. Reagan on the Israeli proposal to sale American anti-tank missiles to Iran through Israel. There is dispute on whether the President approved this sale. August: The President approves the shipment of arms by Israel to Iran, according to his initial statement to the Tower Commission. Later he says ''I don't remember'' when asked about approving the shipment. Aug. 20: Israel sends 96 TOW anti-tank missiles to Iran.
Last edited by PH-SCP; 13th Feb 2010 at 21:24. Reason: found a picture....
Join Date: Oct 2007
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Ok... What am I missing in this story? That, is an Emery aircraft, says so on the side..
It was operated by a company called Supreme Air, which, most likely, was just a postbox-company. It flew several missions to the Middle East and it's whereabouts were documented on a number of other websites. It was surely the plane used to fly the arms from Tel Aviv to Iran, there is no question there.....
Emery operated out of MST too in that period but with 63's and 73's so this 21 blended in nicely. A well chosen camouflage, even the titles were only partly washed out.. Great job, nobody suspected anything
I agree it may be a little off-topic and I apologize for that but the Southern Air topic made me think of those cowboy operations.
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Quote by PH-SCP
It should be c/n 45421 and was apparently broken up in Johannesburg September 1989 as S9-NAB
Hope it helps
Be lucky
David
This DC8 left the Emery fleet way before its picture was taken at MST.
It was operated by a company called Supreme Air, which, most likely, was just a postbox-company. It flew several missions to the Middle East and it's whereabouts were documented on a number of other websites. It was surely the plane used to fly the arms from Tel Aviv to Iran, there is no question there.....
Emery operated out of MST too in that period but with 63's and 73's so this 21 blended in nicely. A well chosen camouflage, even the titles were only partly washed out.. Great job, nobody suspected anything
I agree it may be a little off-topic and I apologize for that but the Southern Air topic made me think of those cowboy operations.
It was operated by a company called Supreme Air, which, most likely, was just a postbox-company. It flew several missions to the Middle East and it's whereabouts were documented on a number of other websites. It was surely the plane used to fly the arms from Tel Aviv to Iran, there is no question there.....
Emery operated out of MST too in that period but with 63's and 73's so this 21 blended in nicely. A well chosen camouflage, even the titles were only partly washed out.. Great job, nobody suspected anything
I agree it may be a little off-topic and I apologize for that but the Southern Air topic made me think of those cowboy operations.
Hope it helps
Be lucky
David
