Lawsuit over scab lists

From what i understand from my Aviation Law class i'm taking, is that it is Illegal to blacklist any one. If someone was a poor employee and you let them go, you can only tell the truth about someone's performance to their future employer and only if they request it. The real question is can you prove that you were blacklisted? It would be hard to prove. So can you sue them? you bet! Can you prove they did it? Better hire a good lawyer!

-Matt

There is a big difference between the HR department and the line guys carrying a scab list.
 
There is a big difference between the HR department and the line guys carrying a scab list.

Not if his Aviation Law Professor says so. :)

That said, I'd be willing to bet apples to oranges that his Aviation Law Professor was never a line qualified 121 pilot - just a WAG.
 
Is this thread still going? Pilots hold grudges a long time and go through extreme means to make sure they can exact some sort of justice. Move along. Nothing more to see here.

Well, when all you do is sit on your ass for long periods of time occasionally punching a button you have a lot of time to figure out how much you should be paid and how to screw the other guy over getting that money.
OH!
 
Better pay a little more attention in class. Ask the prof about the Pilot Records Improvement Act.

Google it.

I do pay attention in class.

Pilot Records Improvement Act of 1996 (PRIA)
"The Pilot Records Improvement Act of 1996 (PRIA) requires that a hiring air carrier under 14 CFR parts 121 and 135, or a hiring air operator under 14 CFR part 125, request, receive, and evaluate certain information concerning a pilot/applicant’s training, experience, qualification, and safety background, before allowing that individual to begin service as a pilot with their company. This process allows the company to make a more informed hiring decision." (FAA.gov)

Thats basically a background check. That is perfectly legal. Notice how the PRIA of 1996 also says "concerning, training, experience, qualification, and safety record." It says nothing about if they just don't like the guy.

I guess we got off on the terminology. Blacklisting people is ILLEGAL. What I mean by blacklisting is lets say you are a steel mill worker and you quit because you found a mill that will pay you more. Angry you quit, the boss calls up all the other mills in the area and says, don't hire this guy he is a scum-bag. Thats what i understand is blacklisting and that is illegal.

Now if an airline wants to review their record and call an the former employer for a info on that perspective employee they can do that. As long as the old employer is honest with their response that is legal. If they lie or embellish they can be sued for slander. Let's say you are always late and you get fired. You try to get a new job but because of the PRIA of 1996, the new employer finds out you were always late. You don't get hired. That is perfectly legal.

Like i said before, proving you have been blacklisted my be tricky. Usually you get a call saying you did not get the job. Or they went with someone more qualified.

This is how i understand it from what we learned in class. My teacher was never an airline pilot but he is a lawyer who has been practicing law for 30 years. He also has been a private pilot for over 20 years.

If i'm compleatly wrong here, please let me know. Finals are in 3 weeks :D.

-Matt
 
Matt,
They are talking about jumpseat, which is totally the perogative of the captain, within company rules of course. You are talking about employers, and it is just confusing everyone.
 
Uh, wut???

Got the great SteveC. . .

Simply put, I'd like to know the aviation law professor's history before teaching young minds about aviation law. Was he/she a 135, military, GA, 121 pilot at all? Does he have any tangible connections to trade unions, the RLA, NMB, and management relations?

Mine flew F-4s in the navy and then flew for Delta for 7 or 8 years.

7 or 8? Did he ever tell you why he left?

Well, when all you do is sit on your ass for long periods of time occasionally punching a button you have a lot of time to figure out how much you should be paid and how to screw the other guy over getting that money.
OH!

What about all the hot stud B1900 pilots that don't have buttons to push yet take an active role in their professional interest through the medium of a union. Just sayin' - not everyone has the chance to just push a button. Even I didn't. *awe shucks!*
 
Thank-you. I'm feeling much better now that I have that piece of info.
I should have re-phrased that. The only thing even remotely interesting about 121 is the prospect of being able to learn from you on how to play "jumpseat wars". That sounds so exciting! I don't know what you do with yourself when you don't have a potential jumpseat occupant to check their union card, their tie knot, their tie pin, blood type, political affiliation, current employer, shoe size and hair color. The down time must drive you insane.

-mini
 
even though I'm way too young (well not technically but it made me smile) to have been a Freedom A lister.

Too young to be a Freedom A-lister? Damn. I feel old. You suck. :)

Completely honest question here. Would Freedom A people be scabs? If not by the technical definition then, shouldn't they be on a separate list rather than a master scab list, if only to make an accurate listing? Or is it already somehow divided or otherwise noted that way?

Freedom A-listers aren't on the master list. There is a separate list of them. Only guys who crossed picket lines during legal strikes are listed on the master list.
 
My apologies. I was confused with what the issue was. After re-reading the post i think i understand it now.

Having no airline experience i will shut my yapper.

-Matt
 
Simply put, I'd like to know the aviation law professor's history before teaching young minds about aviation law. Was he/she a 135, military, GA, 121 pilot at all? Does he have any tangible connections to trade unions, the RLA, NMB, and management relations?

I can sypathize with your pov. I wish more teachers/professors had to have experience. If that were the case academia would be so screwed and hippy professors would be so sol.
 
Mine was a Chief Pilot for Eagle....guess those damn teachers don't know a thing about the industry.


Wow, I don't recall ever having taken an aviation law class.
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The guy who taught my aviation safety class flew intruders for the Navy. He was really interesting to talk to! He had a lot of great stories and advice. It defiantly helps when the person teaching you has real world experience and training.

Not to say that the law class is bad because the professor has had real-word experience as a professional pilot. Im sure it would help if they did though. We learned a lot about our rights as a pilot. Especially when you get ramped by the FAA. They can do some shiesty things to get you to incriminate your self.

I should ask my Aviation Law Professor if his firm needs a pilot. He owns a 182 RG and a Diamond DA-40 and uses them to fly all over Montana to different trials and such. I just need to convince him that I should be flying his planes for him, for a fee, rather than him flying them for himself :D. any thoughts?

-Matt
 
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