CLE dehubbed

[700UW]

And he got his job back, the FA wouldnt have unless but ALPA, AFA and a lawyer, stepped in to help her did you skip that part?
 

 

Yasuko Ishikawa, 40, a flight attendant since 1992, insisted that she never took drugs and didn’t alter her urine sample.
 
After she was fired in October 1999 without a chance to appeal, she took her case public, suing the airline and Lab One Inc.
“I was desperate because I know I didn’t do anything wrong,” Ishikawa said Thursday. “Somebody made a mistake, and no one would help me.”
 
Ishikawa was among four flight attendants and a pilot Delta fired in 1999 based on the Lab One tests, which the airline claimed were 100 percent accurate. Labor unions for flight attendants and pilots protest¬ed the firings. The unions have complained to the Federal Aviation Administration and U.S. Transpor¬tation Department about the sci¬entific legitimacy of the validity tests. The government agencies re¬quire testing of millions of trans¬portation workers each year in the name of public safety.
 
Last year, the U.S. Department of Health and Human Services or¬dered a review of laboratory testing procedures at all federally certified labs that perform mandated drug tests after the Delta pilot appealed the revocation of his pilot’s license to the FAA.
 

 

[WorldTraveler]

and how do you know that she wouldn't have? was their a signed contract that DL said they would never rehire her again?

and you have to dig all the back 15 years to find a case that even hints at an inappropriate termination?

 

[700UW]

I see you are having comprehension problems again:
 

 
Yasuko Ishikawa, 40, a flight attendant since 1992, insisted that she never took drugs and didn’t alter her urine sample.
 
After she was fired in October 1999 without a chance to appeal, she took her case public, suing the airline and Lab One Inc.
“I was desperate because I know I didn’t do anything wrong,” Ishikawa said Thursday. “Somebody made a mistake, and no one would help me.”
 
Ishikawa was among four flight attendants and a pilot Delta fired in 1999 based on the Lab One tests, which the airline claimed were 100 percent accurate. Labor unions for flight attendants and pilots protest¬ed the firings. The unions have complained to the Federal Aviation Administration and U.S. Transpor¬tation Department about the sci¬entific legitimacy of the validity tests. The government agencies re¬quire testing of millions of trans¬portation workers each year in the name of public safety.
 
Last year, the U.S. Department of Health and Human Services or¬dered a review of laboratory testing procedures at all federally certified labs that perform mandated drug tests after the Delta pilot appealed the revocation of his pilot’s license to the FAA.

Because of ALPA's representation of the pilot, ALPA, and the AFA provided assistance to her, she and the pilot got their jobs back,because of unions and the FAA, not Delta's kindness.

 

[WorldTraveler]

and do you not think that DL would have reconsidered given the action of the DHS and the laboratory investigation? You argue that the unions saved her job but it was more likely her complaint to the government that did it.

I don't want to hear that anyone suffers because of something like this... but to argue that there aren't checks and balances in place that correct this kind of thing is simply not accurate.

 

[700UW]

Delta didnt, you are simply brain washed.
 
She had to sue, the pilot had to grieve it and contact the FAA.
 
What part dont you get about Delta fired her without the chance to appeal?
 
And in 1999 there wasnt a Department of Homeland Security, and Drug Testing is under the FAA not the DHS.
 
You are simply arrogant.

 

[WorldTraveler]

can you produce a case number?

wanna check who licenses medical laboratories? perhaps that is why the case involved HHS?

 

[700UW]

Go do the research, I provided the information.

She sued, Delta fired her.
 
Drug Testing is under the Department of Transportation, I was subject to it, were you?
 
The pilot had to file a complaint with the FAA.
 
You are simply obtuse.
 
In 1999 there was no Department of Homeland Security and HHS has nothing to do with the DOT/FAA mandated drug testing.

 

[700UW]

http://law.justia.com/cases/federal/appellate-courts/F3/343/1129/636368/

 

[WorldTraveler]

thanks... from the case you cite.

We decide whether an airlines employee has a state common law tort action against a negligent urine testing laboratory.

The jury verdict establishes that LabOne negligently analyzed and reported her results, causing $68,000 of economic damages, $332,000 of noneconomic damages.

After it rehired Ishikawa, Delta paid her $68,920 as compensation for the lost pay and benefits.

These unknown arrangements are all irrelevant to the legal question, whether LabOne is entitled to pay $68,000 less than the damage it caused because Delta already paid that part.

There is no Oregon authority for a broader reading in contravention of the words of the statute. The $68,000 awarded by the jury and the $68,920 from Delta was for lost pay and benefits. Thus the statute does not apply.

----

I've peed in a cup too.

Would you like to tell us why HHS was included in the original complaint?

 

[700UW]

Delta fired her with no chance to appeal.

The FAA and the courts put the pilot back to work, and Delta didnt have a choice.
 
So if Delta is so great, why was she fired and not allowed to appeal?
 
Why did she have to sue?

Why did ALPA, AFA, FAA and lawyers have to get involved?

 

[WorldTraveler]

to give union organizers a case to use for the next 15 years?

Do you think you can come up with something in this century?

You have no basis for saying why DL rehired her.

 

[700UW]

Because they were forced too by the FAA and the DOT, the drug test was invalidated, go read the DOT regulations.

 

[WorldTraveler]

then the unions had nothing to do with it. it was the government, right?

tell me again why the unions got involved.

 

[700UW]

Are you that dense?
 
Delta had no recourse for her to do anything.
 
ALPA was representing the pilot who had the same incident, ALPA and the AFA got involved and the FAA ordered the pilot reinstated and Delta had no choice to reinstate her as the drug test was ruled invalid,

 

[WorldTraveler]

no I'm not dense. the drug test was ruled invalid by which union? or was it a government agency?