DOJ/AA settle suit

[WingNaPrayer]

DOJ Settles Class Action Suit With American Airlines



DOW JONES NEWSWIRES

The Department of Justice agreed to a settlement with AMR Corp.'s (AMR) American Airlines that resolves the class action lawsuit alleging the company violated employment rights of its military pilots.

The settlement, if approved by the U.S. District Court in Dallas, would require American Airlines to pay the class of 353 pilots a total of $345,772 for the loss of vacation and sick leave benefits and provide currently employed pilots with sick leave credits worth about $215,000.

American Airlines representatives weren't immediately available to comment.

The Department of Justice accused the nation's largest air carrier of, in 1996, violating the Uniformed Services Employment and Reemployment Rights Act when it didn't allow pilots on military leave to accrue vacation and sick leave benefits to the same extent as pilots on other forms of leave.

The deal also requires American to modify its existing policies to ensure that all pilots on military leave in the future continue to accrue appropriate vacation and sick leave benefits.

 

[jimntx]

AA violated employee rights? What a shock!!!! (not)

 

[FWAAA]

Violating the rights of military pilots is reprehensible, but did anyone notice the big dollars involved? Less than $1,000 per class member.

I'm amazed this wasn't straightened out earlier in a less formal environment.

 

[LGA Fleet Service]

Because that is the AMR way.Trip over a million dollars to pick up a dime.

 

[ch53D]

Violating the rights of military pilots is reprehensible, but did anyone notice the big dollars involved? Less than $1,000 per class member.

I'm amazed this wasn't straightened out earlier in a less formal environment.

After the lawyer fees are paid, they will be lucky to receive $100 each.

 

[FWAAA]

After the lawyer fees are paid, they will be lucky to receive $100 each.

Ordinarily, your estimate would be in the ballpark, but the good news here is that it looks like the DOJ lawyers represented the pilot class here:

Justice Department Settles Class Action Lawsuit with American Airlines Regarding Employment Rights of Military Pilots
WASHINGTON – The Department of Justice today announced that it has reached an agreement with American Airlines that, if approved by the U.S. District Court in Dallas, will resolve the Department’s class action lawsuit against the nation’s largest commercial air carrier, alleging it violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Department’s complaint, filed in 2006, alleges that American did not allow three named plaintiff pilots, and a class of similarly situated pilots, to accrue vacation and sick leave benefits while on military leave to the same extent as pilots on comparable forms of non-military leave.

The settlement agreement, if approved by the court, requires that American Airlines pay the class of 353 pilots a total of $345,772 for the loss of vacation and sick leave benefits, and provide currently employed pilots with sick leave credits at an estimated value of $215,000. The settlement agreement also calls for American to modify its existing policies and practices to ensure that, in the future, all pilots who are called to serve in the military will continue to accrue appropriate vacation and sick leave benefits.

“The sacrifices made by our Armed Forces, including military reservists, are invaluable to our nation. No member of the military should be disadvantaged for choosing to serve our country and for answering the call of duty,†said Attorney General Michael B. Mukasey. “The Department of Justice remains committed to protecting the employment rights of all Americans serving in the Armed Forces.â€

The lawsuit is the first class action brought by the Department of Justice under USERRA. The Department of Justice filed the lawsuit following a referral from the Veterans’ Employment and Training Service (VETS) of the Department of Labor.

“The Department of Labor and the Department of Justice are working in tandem to vigorously protect the employment rights of the men and women who bravely serve in America’s armed forces,†said Secretary of Labor Elaine L. Chao. “By successfully concluding this first-ever USERRA class action lawsuit, we have helped more than 300 service members who just wanted their benefits back after answering the call to duty.â€

Additional information about USERRA can be found at http://www.servicemembers.gov .

http://www.usdoj.gov/opa/pr/2008/April/08_crt_309.html

This is an embarassment. Somone at AA had their head up their ass on this one.

 

[WingNaPrayer]

Violating the rights of military pilots is reprehensible, but did anyone notice the big dollars involved? Less than $1,000 per class member.

I'm amazed this wasn't straightened out earlier in a less formal environment.

Yup, about a grand each, but that again is the point. AA does NOT settle lawsuits with employees, it fights to the bitter end legal fees be damned because they cannot have any employee setting precedence with a win. If the employee is destined to win, AA marches into a settlement with everything the employee asks for and an agreement that the employee keeps their mouth shut! I've seen AA outspend employee lawyers 500 to 1 in legal fees. They'll spend a thousand times what is even being asked for in an employee suit not to give in. AA is one of the most coveted labor clients among big law firms around the country.