Iberia Airlines Sues Pilot Unions Over What It Calls Illegal, Abusive Strikes

 

 
 
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Iberia Airlines Sues Pilot Unions Over What It Calls Illegal, Abusive Strikes

By Bill Goldston
 

April 3, 2012 - Iberia Airlines, flag carrier airline of Spain filed lawsuits against its pilots union, Sepla Union and Stavla Union with the Chamber for Social and Labor Matters, at the National High Court. The suit refers to the set of strikes called by both unions in December and the new set of strikes called by Sepla during the next months. 

Iberia filed the law suit against the Sepla pilots union claiming the current intermittent strikes called by the union against the airline in December, 36 strikes and upcoming strikes set for April through July, 30 strikes are illegal, and the air carrier is demanding damages, currently estimated at more than 3 millions Euros per day of strike.  

It is filing a similar suit against the Stavla, union representing less than one-third of its cabin staff, for the strikes called last March. The suits name both unions and their shop stewards in Iberia. In its suit against Sepla, the company gives two main reasons: 

- The strike is intended to obstruct a decision taken by the company in the exercise of its legal prerogatives under Article 38 of the Spanish Constitution, and which respects all agreements signed by the company. 

- It is an abusive strike and the latest call for strikes - 24 days in the past and 30 days now - during the peak travel period of Easter Week, Labor Day and Saint Isidro weekend and summer holidays, confirm this. Such strikes have a huge cost for the airline and almost none for the striking pilots. 

In its suit against Stavla Iberia gives the same reasons for claiming its strike is illegal and abusive, while also mentioning that: 

- In the latest collective bargaining agreement Iberia cabin staff expressly acknowledged the operation of the Iberia Express unit as an independent company.

- The flight committee, on which Stavla is represented, unanimously decided to shelve plans for a strike against Iberia in an agreement signed by four of the five cabin staff unions, which recognized that the concerns that had led to the strike plan had all been satisfactorily addressed.

- It would therefore be a strike not in defense of members' own interests, but in solidarity with the Sepla pilots union. 

 

Iberia dismissed two of its pilots for what it called serious neglect of their obligations as employees, in accordance with articles 54.2 b) and d) of Spain?s Labor Statute, and article 173.22 of the collective bargaining agreement. One of the two was also in violation of article 172.3 of the agreement. 

One of the pilots repeatedly refused to flights assigned while on call for duty. The other also refused to report for work while on call, and in addition, also refused to make a scheduled flight, with no justification. 

 
   
In two recent and similar cases of pilots refusing to report for duty while on call, Spanish courts ruled that Iberia?s decision to dismiss them was justified under the terms of labor legislation and the collective bargaining agreement.

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