Swiss Pilots' Union Reps Sacked?

[pecs]

Is there any truth to the rumour that last Thursday SWISS sacked 4 out of 7 pilot union reps including the President, 2 Vice Presidents and Communications Spokesman? Sources are suggesting that the action of summary dismissal taken by the SWISS CEO and the new Chief of Ops was due to “actions and statements in public” by the "SWISS Pilots Association" causing damage to “company image and business”, for “misinformation”, and for compromising the “re-establishment of the trustworthiness of SWISS”.

Sacked for doing their elected job representing the interests of their pilot (ex-Crossair) members? It would appear just a tad over-the-top? Were there any similar casualties from the "Aeropers" (ex-Swissair) pilot reps?

[Aviatrix69]

Hi Pecs
they have not been sacked (yet), just been threatened with instant dismissal, exactly for the reasons you stated.

some people tend to get a bit nervous about the upcoming decisions by the legal courts... I don't think it's all being served as hot as it seems now.

Keep you posted

Av

[finalschecks]

This behaviour is both intimidating and illegal. It will only strengthen the support for the SPA.

How dumb can a manager be? Did he get his position as a CEO with a box of cereal or what?

[Few Cloudy]

On the Job Training

Lads, Dose was a pilot at Crossair when Moritz sacked two Crossair Pilots' Union officials. One was later reinstated but that's where he (Dose) learned the treatment...

PS, Bets on Moritz coming back if Swiss bites the dust are now being taken. Some rich Basel interests there to support him...

PPS, One reason that the President isn't too popular is an attributed remark that "Swiss can go bust for all I care - I can have a job in engineering with my father's firm." and "It is important to win this case, even if it ruins Swiss."

Now I don't know if that rumour is true but if it is, I would suggest the guy isn't doing his fellow union members any good either...

[middlepath]

Most present managers including ceo are ex-crxair worthy to be in mainline swiss team where as ex- crxair pilots are not worthy to be in swiss, whats the problem? am I missing something here!

[Few Cloudy]

Worthiness...

Come on Middlepath!

Ex LX pilots refused the chance to be paid more and integrate, when they held out for more seniority. That deal fell through completely and then the general financial situation got so bad, that the Swiss Express scheme came along.

What would have happened if the ex LX pilots had accepted last year's deal? Difficult to say but with redundancies coming along the junior guys would for sure have been first to go. Now it is just possible that ex SR pilots may be chopped first, on the grounds that they have been "adopted" by Crossair and that their SR seniority counts for nothing - a tenuous argument but it may gain favour at court.

The question about not being worthy is not applicable, as you see - it was a matter of choice by the pilots themselves. We have short memories sometimes.

[dr yes]

UNION BASHING!

Thats as may be, Few Cloudy, but would managers on top of their game go to these lengths to stifle freedom of expression? Denying the right to strike would be illegal in any other country but Switzerland where incompetence and bombast are the yin and yang of airline management doggerel.


(translated by SWISS PILOTS, only German version is binding!!)
Basel, May 21st 2003
CCP CLA 2000
Art. 5: Obligation to keep industrial peace
Dear Gentlemen
We have received the letters by Dr. Stefan Suter addressed to Mr. André
Dosé dated May 15th and 16th 2003.
Therein you are claiming that the statements you have made and your
behaviour are covered by the freedom to express your opinion.
This is not correct. The freedom to express one’s opinion of the Board
members of SWISS PILOTS as well as every employee of SWISS is limited by
the absolute obligation to keep industrial peace, according clause 5 CCP
CLA 2000: „As long as this CLA is valid, industrial peace has to be kept. Any
offensive measures or precautions contravening the contract are to be
ruled out. Both parties are obliged to care for and maintain the image (of
SWISS) externally and internally in a positive manner”.
Additionally the freedom of the employee to express one’s opinion is
drastically limited by the duty of good will according industrial law (Clause
321a OR) towards his employer. As employees of SWISS, you, Mr. Bieli,
Lauber, Wirth and Gutknecht, have to refrain from doing anything, which
hinders SWISS from reaching their entrepreneurial targets according the
justice of the federal court.
A. Violation of the obligation to keep industrial peace and duty of
good will by the Board members of SWISS PILOTS (Letter by SWISS
dated May 15th 2003)
You have to refrain from engaging in any kind of activity due to
your obligation to keep industrial peace as well as your duty of
good will that might endanger the reputation or the
creditworthiness of SWISS. This duty is also applicable concerning
proven facts. Namely the following actions are effectively a
breach of your obligations and duties:
- False statements and statements damaging the interests of the
company regarding SWISS express
- Unlawful threats of strike
- Inadmissible invitations to your members to participate in
(strike)actions
- Wrongful information in your regular „Newsletter“ with which
you are trying to incite the Pilots of OC1 to follow you into
strike.
There actions would be reason enough to serve you instant
dismissal according clause 337 OR. SWISS is therefore requesting
from you as responsible Board members of SWISS PILOTS
ASSOCIATION ultimatively once more to immediately fulfil your
obligations resulting from the CLA and your duty of good will
towards your employer. Otherwise it will not be feasible for SWISS
to continue the employment relationship with you. Once more we
are explicitly threatening you with instant dismissal in case of any
ongoing violation of your obligation to keep industrial peace or
duty of good will by further accusation harming the image or the
interests of the company or by any other illegal actions.
After you have made public in the media (Sonntags Zeitung
dated May 18th 2003) that SWISS was not in the position to dismiss
the Board of SWISS PILOTS we would like to remind you of clause
14.1 CCP CLA 200, which reserves the right to instantly dismiss the
members of the Board in the sense of clause 337 OR.
As a conclusion we would like to state that of course SWISS is not
forbidding any union work to the Board of SWISS PILOTS. SWISS is
only requesting as responsible members of the Board to meet their
contractual obligations resulting from the CLA as well as their duty
for good will according industrial law. This, as well as the threat of
instant dismissal if those important conditions are not met, is far
from coercion.
Unfortunately it is typical, that you are stating through your
representative, the (rightful) demand of SWISS to fulfil you duties
will hinder your union work. Your untenable attitude only confirms
the view of SWISS, that it is only acceptable for SWISS to continue
the employment relationship wit h you if you listen to reason and
fulfil your duties as an employee with immediate effect.
B. Violation of the obligation to keep industrial peace and duty of
good will by Mr David Bieli in particular (Letter by SWISS dated
May 15th 2003)
As already mentioned any kind of activity, which might endanger
the reputation or the creditworthiness of SWISS, has to be refrained
from due to your obligation to keep industrial peace as well as
your duty of good will. Therefore your wrong and interest -
damaging statements are a violation of there obligations and
duties, especially your assertions regarding the Embraer 170 and
195, the A340, the salaries and the vacation regulation. Of course
the coffin action, which has been co-organised and supported by
you, has been an extreme case of violation to your obligation to
keep industrial peace and your duty of good will. SWISS is referring
to the letter dated May 12th 2003 wherein it has reprimanded you
for these actions
After you, dear Mr. Bieli, have repeatedly on to the highest extent
violated your obligation to keep industrial peace and your duty of
good will, you would have been obliged to correct your
statements, which have been both false and harming the interests
of the company. SWISS is Stating, that you have not done so in the
time span intended. Therefore the corrections had to be done by
SWISS (Base Meetings regarding SWISS express in Zürich und Basel).
Your behaviour is no longer to be tolerated by SWISS as your
employer. Therefore we are threatening you once more with
instant dismissal (clause 337 OR) in case of further violation of your
obligation to keep industrial peace and your duty of good will
according industrial law.
C. Project-groups for (strike)actions
In your Newsletter dated May 12th 2003 you are supporting
(strike)actions (allegedly) coming from the base. You are stating
that all those actions are to be discussed with you and are
strongly suggesting “to all former Crossair Pilots to take part in the
actions planned by the Project -group”.
Based on this statement SWISS will hold you reliable for all (strike)
actions by Pilots from OC1, except if you are explicitly distancing
yourself from such illegal actions and fulfil your obligation to keep
industrial peace (clause 5 CCP CLA 2000) and your duty of
influence (clause 357a Paragraph 1 OR) by taking all the
necessary steps to prevent such an action from happening.
Swiss International Air Lines AG
André Dosé Manfred Brennwald

[twitchy]

Guys I always thought that the some of the union executives are protected by the Industrial / labour laws of the country from these kinda action by the high headed CEOs of an industry. I hope EU has better labour laws than we have in this part of the world.

I always thought that this kinda thing is only possible here in SQ. Here the management decide what has to be done and Union members have to accept it with a pinch of salt. Pilots union can slightly delay the action of the management but can not avoid it. Do you know here SQ management has decided to give these guys about 35 to 40% cut in the earnings of the cockpit crews due to SARS out break. The pilots' union can delay this action of the management by 2 to 3 weeks but it will have to accept it, otherwise same sacking is easily possible here in SQ.

Wish you all the best friends in SWISS in achieving what you want..............

[dr yes]

Union Bashing Threats Escalate!

Hi Twitchy,

Sorry to hear things are a bit grim in Fortress Singapore, but the extent of the blatant union bashing and intimidation which continues unchallenged here in Switzerland is reaching ever more incredulous levels. It would be interesting to take these and other outrages including discrimination and racism before the European Court of Justice to determine the extent to which such brazen fear mongering and threats against democratically elected union officials and rank and file membership are tolerated under international law.

To all members of SWISS Flight Operations

SWISS Flight Operations Newsletter

Dear Colleagues

With this Newsletter we wish to address two topics: Freedom of Speech for Pilots working with SWISS and FEROP/Union Contribution

Freedom of Speech

You have read in the newspapers that the SWISS Management has harshly intervened with the board members of SWISS PILOTS and has reminded them of their duty not to damage the image of our company, not to make announcements regarding or threats with strike and not to disseminate false statements about the launching of SWISS express. In this context SWISS PILOTS has sent to its members copy of a letter from the SWISS Management to Messrs Bieli, Lauber, Wirth and Gutknecht dated May 15, 2003 reminding these gentlemen to adhere to Art. 5 of the CCP CLA (“GAV”), namely to their duty to maintain industrial peace (“Friedenspflicht”) and to help to build up a positive image for our company. The Management advised the four Board Members that their contracts will be terminated with immediate effect, if they continue to violate Art. 5 of the CCP CLA. The letter of May 15, 2003 is enclosed.

The members of SWISS PILOTS also received from their union copy of a letter sent by SWISS PILOTS’ counsel to the SWISS Management dated May 16, 2003 claiming freedom of speech. This letter is also enclosed. There is no doubt that the four above Board Members - as all SWISS pilots - enjoy freedom of speech, but there is certainly a limit when false factual statements are made, when intentionally the image of the company is jeopardised and when the threat of strike is uttered. To clarify matters, the Management sent to SWISS PILOTS on May 21, 2003 a reminder letter which is enclosed and which explains the balance to be kept between freedom of speech and “Friedenspflicht”.

Please be aware that all pilots working with SWISS are under the contractual duty to abstain from striking. If the Board of SWISS PILOTS (or some project groups formed by SWISS PILOTS) should continue to urge you to participate in a strike, this will result not only in the immediate dismissal of the Board Members, but also - should you personally participate - in the immediate termination of your contract (“fristlose Kündigung”).

The Management distributes this Newsletter to make clear to all pilots that going on strike is a severe violation of the “Friedenspflicht” which will not be tolerated by the Management and will result in immediate dismissal.

Thomas Brandt
Executive Vice-President Flight Operations

[twitchy]

Hi Dr Yes

Lets assume what Swiss management is saying that the Swiss pilots union executive are spreading a false propaganda about the airline that it will be appropriate for the management to counter the false propaganda with the factual information to the employees. Rather threatening the contrated pilots or their union reperesentatives clearly shows that the management is scared that the unions must be highlighting the management's wrong doings

Don't buckle down to this kind of threat guys, wish you all the best.

Twitchy

would you like to read the following article in local Singapore newspaper what kind of propaganda SIA management is doing against it's pilots and that too after giving them 22.5% pay-cut plus a threat of 20% of the time as No Pay Leave.

http://business-times.asia1.com.sg/s...82273,00.html?

Doesn't one think that its reasonable for the SIA pilots' union asking that the SIA should retrench the pilots employed by another company and seconded to SIA to counter the pilots' union. More over the pilots are only asking the SIA management to honour the standing collective agreement signed just 2 years ago under threat. Or it means that their is no sanctity of the labour agreements in the eyes of the SIA and the labour laws of the Singapore government

[dr yes]

Lee Kwan Yoo must be joking!

Incredible, Twitchy!

One day soon, when the shoe is on the other foot, I hope we all remember how shabbily we've all been treated. It amazes me that you guys accepted this SIA Mauritius malarkey....an obvious attempt to undermine your rights, and dilute the industrial muscle of SIA pilots! When you consider we put our necks on the line 5 times annually, I think they've got a damned cheek. Be careful, though, they're trying the same here by spinning off Swiss Express as a shell company to 'tame' the so-called regional fleet pilots. Sounds like SIA-M might be the same deal. Strength in unity, Twitchy....and be careful. Enough is enough!

Good Luck.

[middlepath]

Answer is simple,
if union has unity then management can not bully. Simply can not fire every one. Be aware of devide and rule tactics.

[124.8]

Splash out all the detail, washing out in the public looks good!!! If the management decided to appoint pilots from another bust airline above your seniority without conveying a proper selection and when terms come for redundency, firlow now does not mean : first in, last out! Who would accept that in another airline in Europe?? Or elsewhere?? I get the impression it can only happen in Switzerland, even though a court descision has been taken, there is no action!! The impression I get at Swiss International, is the management cannot even provide good communication. The higher salaries that was on offer, was merely another trick to oust the ex-Crossair pilots out, even though 16 percent was put forward, it was proved to be a meager 5 percent.....If management decided to get rid of pilots then, it would be moer easy to blast 500. Is this not another trick of trying to get rid of pilots, even the Swiss pilots assoc board members?
The brewing pot goes on, history could repeat itself again.
Keep your revs up fellows, the moon is shinin' tonight!!

[Aviation Trainer too]

I think that in times of trouble the last thing the management needs is back stabbing by employees and feel that by supplying all the information to all individual employees the Swiss management is doing a great job. Remember these are the guys who are trying an impossible airline to work... Lets face it Switserland cannot sustain a large carrier but the politics wanted one so they bought one... The new management has an inpossible job because of the messed up integration of LX and SR crews..

Remember a small airline in Belgium called Sabena.. Things were not going to well but what pushed them over the top was the strike called for by the pilot unions... don't let this happen at Swiss because of some unions with the wrong priorities...

It is not nice but look in the real world and see all the lay offs etc, give the management a bit of flexibility in times like this or otherwise only Easyjet will be able to claim to be the new Flag carrier of Switserland!!!

[pecs]

Switzerland welcomes all including Easyjet!

“only Easyjet will be able to claim to be the new Flag carrier of Switzerland!!!”

And why not Aviation Trainer too? Let the market and paying passenger decide what size the Full Service Carrier share in and out of Switzerland should be, and what ever else is handled by the Lower Cost Carriers.

Yes “Aviation Trainer too” the resurrection of an airline industry in Switzerland encompassing various support industries and Zurich Unique Airport was important for the Swiss economy. The re-Nationalisation of this industry via Government bail-out money and its arm twisting of Swiss Corporates to pump in a few billion and expand Crossair into SWISS via the Phoenix Plan was flawed from the start. However this strategy to leave behind the many billions owed by Swissair was never a financial and economic construct. It was purely political and a power play by various interest groups.

“the Swiss management doing a great job” and “give management a bit of flexibility in times like this”

Oh please spare us the hype. I don’t quite understand how consciously, deliberately and unilaterally breaking working contracts, lying, deceiving and discriminating against your workforce let alone a policy of ethnic cleansing to rid SWISS of foreign pilots can be considered “doing a great job”. It is the same desperate argument that we often hear from incompetent and failing management the world over that: the end justifies always the means.

And what “bit of flexibility” should be offered to management “in times like this”? To continue on their immoral, unethical and illegal course? Yes by all means let them, but it will not be with impunity and without consequences. SWISS because of its size never had the luxury to ride out a stagnating economy, SARS and an Iraqi conflict. The Board of Directors and senior management are however totally responsible for the current predicament of SWISS. SWISS management could not cope with a more benign environment late 2001 to late 2002, so they will indeed struggle in today’s even tougher times.

“don’t let this happen at SWISS because some unions with the wrong priorities…" and "bacstabbing by employees"

Interesting argument because the 2 pilot unions: SWISS Pilots (ex-Crossair) and Aeropers (ex-Swissair) are both merely trying to protect their members from the big overdue chop. SWISS Pilots, as a last resort in the face of unconscionable management behaviour, have taken the legal course via the Swiss courts. Today it was announced that a Court suggested settlement via negotiation was rejected by SWISS management. Management and all Pilots now await the Court’s final ruling. Management have stated today pre-empting any ruling, that they will ignore any decision they don’t like. Which union has the wrong priority? Is it the union which is arguing for contract observance, legality, fairness and non-discrimination? “Last on, first off” is understood by players all around the world except in Switzerland by SWISS management and Aeropers. In their justification for this deliberate non-observance and contract violation SWISS management call it “benchmarking” and “World’s Best Airline Industry Practice”. This "Bullsh*t baffles Brains" approach is obviously not the best way to build trust especially when you then try to kick out those SWISS pilots who were there in the first place at Crossair and its new name SWISS, when the new guys from the collapsed Swissair were only employed last year in April 2002. This maybe what is meant by "supplying all the information". To date no hard figures, analysis or benchmarking regarding competition and costs has been provided to staff. In fact the decision to create "SWISS express" to spin off the ex-Crossair pilots into a regional subsidiary has been made pre Business Plan without proper analysis.

Swissair collapse, SWISS failure, maybe dear Switzerland third time lucky!? Let's see what Bain & Co come up with with the new Business Plan to be announced late in June. And “Bravo” to Easyjet, the other LCCs, and any other Operator who has a go in Switzerland.

[blue belly]

lets hope that the Swiss and Swiss Express formula will work!

[124.8]

PECS !!!

You know how to explain it exactly.

If you would know what a " Pro-Patria" medal was, I would give you more than that.

[Aviatrix69]

For your info: The Union's reps have received their third threat for instant dismissal..... things do not seem to be so instant around here

[error_401]

I agree with most comments on behaviour in labour conflicts.

One important thing most of the CCP People miss out is the fact that if the airline continues to burn money instead of generating profit this time next year ALL OF THEM are looking for new jobs.

Then - there will be peace of labour because like us (pilots graduated from the former Swissair Aviation School) they will find themselves looking for a career in aviation at any cost (or better wage) they can find. Or - work in other jobs (as I do) and earn their money (some of which I spend flying light twins).

No one I know associated with the outer rims of this company (SWISS) understands the tactics and strategy of CCP. It rather seems to us that still want to get something through that meanwhile has been passed for long by the market development of the last three months. But instead of ceasing fire and start to work hard to give SWISS a chance of survival they still try to get what they think belongs to them. Just - to pay a salary a company has to earn the money before...

So I suggest they'd better start to give in to some points and start to work as if SWISS was a new company. They all should forget about the old hatred between the two pilot corpses and start to work as professionals with all sacrifices the actual situation takes from all professionals, companies and normal people these days.


Times are bad - no sense to start a war, neither to complain about passed wrongs.



Graduate from Swissair Aviation School
CPL/IR (ATPL)
without a type rating!!!



P.S. Never forget that there are hundreds of HIGHLY QUALIFIED pilots still waiting for their initial type rating chance, able and willing to work under conditions even worse than those of CCP pilots...

[Wanula Dreaming]

Ehhh error_401 I understand that you are desperate for a job, but :

Never forget that there are hundreds of HIGHLY QUALIFIED pilots still waiting for their initial type rating chance, able and willing to work under conditions even worse than those of CCP pilots...

Why don´t you blame Aeropers for not making any sacrifices to rescue Swiss. Remember, all the pilot corps problems started because those ´modest´ Aeropers pilots wanted a seperate contract and did not want to work for CCP salaries, conditions and seniority...

According to your own logic, it should be crystal clear who has to make any sacrifices in order to save Swiss.

Good luck finding a job out there ! In case you find a job, I hope that it will be for ´better than CCP´ conditions and for a company with a ´better than Swiss´ management !