Southern Air Inc.
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OSHA hits Southern Air with $400K order
The federal Occupational Safety and Health Administration has issued an order against Southern Air Inc., a cargo airline based in Norwalk, to pay more than $400,000 in lost wages, back pay, damages and legal fees to a flight crew member fired for raising safety concerns.
The unidentified employee was terminated in April 2008 for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, according to OSHA, a unit of the federal Department of Labor.
The firing came after the employee twice complained to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration rules, OSHA reported in its findings. The employee then filed a whistle-blower complaint with OSHA's Boston regional office.
The financial penalty breaks down into $300,000 for loss of career wages, $135,240 in compensatory damages, $7,395 in attorney fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment.
Southern Air, which was bought in 2007 by Oak Hill Capital Partners and merged with Oak Hill's Cargo 360 Inc. operation, was ordered to post the FAA whistle-blower poster and an OSHA notice to employees about their whistle-blower rights. Oak Hill has its primary investment operation in Stamford.
OSHA rules prohibit the release of whistle-blowers' names, OSHA spokesman Ted Fitzgerald said.
"We cannot release the identity of complainants," he said, adding that making the name public would discourage other workers from notifying OSHA when they encounter workplace violations at their companies.
In this matter, Fitzgerald said, OSHA has not required Southern Air to re-hire the former employee.
"In some cases, employees don't want to go back. The goal is to make the employee whole," he said.
Southern Air did not return telephone calls, and Oak Hill declined to comment on the matter, but Fitzgerald said the company has appealed the OSHA decision to Department of Labor's administrative law judge panel.
Founded in 1999 by James Neff, Southern Air operates Boeing 747-200 freighter aircraft, as well as some Boeing 777 freighters, and has flight and maintenance bases around the world. One of its major customers is Korean Air Cargo.
Oak Hill's aerospace investments include Primus International Inc., a global supplier of structural components, kits and assemblies; OH Aircraft Acquisition LLC, a new aircraft leasing company; and a portfolio of aircraft on lease to airlines around the world. It was founded as the family investment office for Texas billionaire Robert Bass.
Employees are becoming more cognizant of OSHA workplace regulations and their protection, and as the agency has increased its daily penalty fees for violations, employers are more aware of workplace issues, said attorney Robert Brody, founder and a principal of Brody & Associates, a Stamford law firm that represents management in labor matters.
"Over the last five to 10 years, OSHA has become a serious concern," he said, adding that retaliation against a company by an employee and whistle blowing are comparable, but there are some differences. "In a retaliation, an employee says my rights are being violated. A whistle blower says there's a law out there and someone is violating it."
OSHA hits Southern Air with $400K order - The Advocate
OSHA hits Southern Air with $400K order
The federal Occupational Safety and Health Administration has issued an order against Southern Air Inc., a cargo airline based in Norwalk, to pay more than $400,000 in lost wages, back pay, damages and legal fees to a flight crew member fired for raising safety concerns.
The unidentified employee was terminated in April 2008 for raising safety concerns protected under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, according to OSHA, a unit of the federal Department of Labor.
The firing came after the employee twice complained to management about inadequate rest breaks and being required to work hours in excess of those allowed under Federal Aviation Administration rules, OSHA reported in its findings. The employee then filed a whistle-blower complaint with OSHA's Boston regional office.
The financial penalty breaks down into $300,000 for loss of career wages, $135,240 in compensatory damages, $7,395 in attorney fees and back pay of $1,485 per week, plus interest, from April 7, 2008, through the date of payment.
Southern Air, which was bought in 2007 by Oak Hill Capital Partners and merged with Oak Hill's Cargo 360 Inc. operation, was ordered to post the FAA whistle-blower poster and an OSHA notice to employees about their whistle-blower rights. Oak Hill has its primary investment operation in Stamford.
OSHA rules prohibit the release of whistle-blowers' names, OSHA spokesman Ted Fitzgerald said.
"We cannot release the identity of complainants," he said, adding that making the name public would discourage other workers from notifying OSHA when they encounter workplace violations at their companies.
In this matter, Fitzgerald said, OSHA has not required Southern Air to re-hire the former employee.
"In some cases, employees don't want to go back. The goal is to make the employee whole," he said.
Southern Air did not return telephone calls, and Oak Hill declined to comment on the matter, but Fitzgerald said the company has appealed the OSHA decision to Department of Labor's administrative law judge panel.
Founded in 1999 by James Neff, Southern Air operates Boeing 747-200 freighter aircraft, as well as some Boeing 777 freighters, and has flight and maintenance bases around the world. One of its major customers is Korean Air Cargo.
Oak Hill's aerospace investments include Primus International Inc., a global supplier of structural components, kits and assemblies; OH Aircraft Acquisition LLC, a new aircraft leasing company; and a portfolio of aircraft on lease to airlines around the world. It was founded as the family investment office for Texas billionaire Robert Bass.
Employees are becoming more cognizant of OSHA workplace regulations and their protection, and as the agency has increased its daily penalty fees for violations, employers are more aware of workplace issues, said attorney Robert Brody, founder and a principal of Brody & Associates, a Stamford law firm that represents management in labor matters.
"Over the last five to 10 years, OSHA has become a serious concern," he said, adding that retaliation against a company by an employee and whistle blowing are comparable, but there are some differences. "In a retaliation, an employee says my rights are being violated. A whistle blower says there's a law out there and someone is violating it."
OSHA hits Southern Air with $400K order - The Advocate
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Bad Guys
Yeah I heard they just fired a guy that they appoved for a personal LOA, after a couple of weeks in to it they sent him a termination letter because they called him back and he was not available.
Have tried talking to a few guys over there. They wont tell me anything other than "Apply at your own risk".
Yep!! Not a place I want to work anyway.
Have tried talking to a few guys over there. They wont tell me anything other than "Apply at your own risk".
Yep!! Not a place I want to work anyway.
Join Date: Mar 2000
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Seems the bad news works two ways.
I 'friend' of mine (actually, dumb as a rock, but from Texas so I can understand
) applied for a Captains position, received type training and completed line training.
Then, the crew scheduler wanted this guy to position to Anchorage for a flight.
He says...'No, I don't do Alaska' so he was terminated on the spot.
He is now personna non grata at several airlines...bad news travels fast, make no mistake.
I 'friend' of mine (actually, dumb as a rock, but from Texas so I can understand
) applied for a Captains position, received type training and completed line training.Then, the crew scheduler wanted this guy to position to Anchorage for a flight.
He says...'No, I don't do Alaska' so he was terminated on the spot.
He is now personna non grata at several airlines...bad news travels fast, make no mistake.
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I hear you there. Well I guess its truck driving for me then. Southern Air is not in the trucking business or affiliated with one I hope. I dont want to make a mistake and end up applying to them accidentally. I mean I need work, but not that kind of work.
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Enough pilots do what the OSHA guy did maybe they will get the message, or go out of business from too many fines. OSHA can be a bear when it come to fines.
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From: Brian Neff
Sent: Monday, March 16, 2009 3:11:33 PM
To: CaptainsAndFirstOfficers; FlightEngineers
Cc: Tom Gillies; David Thiel; Gary Walsh; Jim Walsh; Judy Ackley;
Dan McCauley; Jim Neff
Subject: Crew Announcement
Auto forwarded by a Rule
To all crewmembers:
Over the past three months, it has become apparent that the recovery we all hope for is not going to begin prior to the second half of this year. As all of you are aware, our industry in particular has gotten hammere d by the current recession. Every one of us has done a great job surviving this period, even as we have watched all of our competitors either go out of business or drastically reduce their workforces. We really are the “last man standing.” We had hoped that this strategy would allow us to take advantage of an early recovery in the beginning of 2009, but this is not the case, and we have seen month after month in 2009 of hugely negative cash flows. The flying is just not there right now, and we don’t see it coming back in the next few months at least.
The result is not good news. We are going to have to furlough approximately 25 crews, strictly based on seniority per our contract. We have never, ever been the type of airline that viewed crews as a variable cost, to be hired and fired for peak seasons only. This is a very different case, and the company’s entire livelihood is at stake. We cannot continue to lose money waiting for business to return in this, the worst ever economic environment for our industry. Doing so would jeopardize the ongoing operations of the entire entity.
To those of you who will be furloughed, I tell you that Southern will be the first airline to build up its fleet again out of all of our competitors, just as we were the last ones to have to make this choice. It is my plan and hope now that this decision will be short-lived, and by the fall we will be back on our feet again and will be in a position to hire you back. To those of you who remain, please work with us to continue to give our customers great service so that when the recovery comes we will be front and center for any growth needs that they may have.
This is a tough day and a tough email to write, but please trust that we are doing everything we can to fight for the continued success of the company..
Best regards,
Sent: Monday, March 16, 2009 3:11:33 PM
To: CaptainsAndFirstOfficers; FlightEngineers
Cc: Tom Gillies; David Thiel; Gary Walsh; Jim Walsh; Judy Ackley;
Dan McCauley; Jim Neff
Subject: Crew Announcement
Auto forwarded by a Rule
To all crewmembers:
Over the past three months, it has become apparent that the recovery we all hope for is not going to begin prior to the second half of this year. As all of you are aware, our industry in particular has gotten hammere d by the current recession. Every one of us has done a great job surviving this period, even as we have watched all of our competitors either go out of business or drastically reduce their workforces. We really are the “last man standing.” We had hoped that this strategy would allow us to take advantage of an early recovery in the beginning of 2009, but this is not the case, and we have seen month after month in 2009 of hugely negative cash flows. The flying is just not there right now, and we don’t see it coming back in the next few months at least.
The result is not good news. We are going to have to furlough approximately 25 crews, strictly based on seniority per our contract. We have never, ever been the type of airline that viewed crews as a variable cost, to be hired and fired for peak seasons only. This is a very different case, and the company’s entire livelihood is at stake. We cannot continue to lose money waiting for business to return in this, the worst ever economic environment for our industry. Doing so would jeopardize the ongoing operations of the entire entity.
To those of you who will be furloughed, I tell you that Southern will be the first airline to build up its fleet again out of all of our competitors, just as we were the last ones to have to make this choice. It is my plan and hope now that this decision will be short-lived, and by the fall we will be back on our feet again and will be in a position to hire you back. To those of you who remain, please work with us to continue to give our customers great service so that when the recovery comes we will be front and center for any growth needs that they may have.
This is a tough day and a tough email to write, but please trust that we are doing everything we can to fight for the continued success of the company..
Best regards,
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Founded in 1999 by James Neff, Southern Air operates Boeing 747-200 freighter aircraft, as well as some Boeing 777 freighters
"Boeing 777 freighters?" . . . maybe next year?
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Lowrider me to. DC-8 fleet maintenance Stockholm,Copenhagen and Brussels.great outfit to work for back then and still remains one of the best jobs I have had, and there have been a few.
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Me too. Loadmaster and Project Manager all over the world. 
Probably the best ten years or so of my life!
Such a shame that the new version seems not to be living up to the Original's standards.
Probably the best ten years or so of my life!
Such a shame that the new version seems not to be living up to the Original's standards.
Join Date: Jan 2001
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Agree
The herk pilots were the most cooperative, friendly and peaceful ones ever seen.
The loadmaster too was a great guy. He was from Anchorage, and had a big buckle saying: "just herk don't jerk"
The herk pilots were the most cooperative, friendly and peaceful ones ever seen.
The loadmaster too was a great guy. He was from Anchorage, and had a big buckle saying: "just herk don't jerk"
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36th Street, just not the same......
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......