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Pilots’ Union May Be Fined Over Sickout

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SPECIAL TO THE TIMES

An angry federal judge turned up the pressure Saturday on American Airlines’ pilots to end a week-old sickout that again botched thousands of passengers’ travel plans, as the holiday weekend got into full swing.

U.S. District Judge Joe Kendall in Dallas, asserting that the sickout amounted to a union “shakedown” of American, indicated the pilots’ union would be fined in the neighborhood of $10 million for not trying hard enough to get its members back in the air.

But it wasn’t immediately known if the stiff penalty against the union, the Allied Pilots Assn., could persuade a majority of the 2,100 to 2,400 pilots who have stayed home to return to work. The APA said it has already been urging them to return.

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About 1,500 pilots called in sick Saturday, “but I would caution you against using that as an indication that this situation is over,” American spokeswoman Sonja Whitemon said.

That’s because American’s schedule, normally 2,250 flights a day, dropped to about 1,960 Saturday, she said. She said American, which employs 9,200 pilots overall, is “cautiously optimistic” that all the pilots will come back, but that it won’t know for certain until American hears from them this morning.

Kendall, acting on a request by American, found the APA and two of its leaders, President Rich LaVoy and Vice President Brian Mayhew, in contempt of court Saturday for violating his back-to-work order.

He also ordered the union to set aside $10 million, pending a final determination of the fine at a hearing Wednesday. He also ordered LaVoy and Mayhew to personally set aside $10,000 and $5,000, respectively.

“Unfortunately, the radical element that seems to be in control of the Allied Pilots Assn. seems determined to fly American Airlines into the side of a mountain, taking themselves, the company, their co-workers and their customers with them,” Kendall stated in his ruling.

The judge’s action came too late for thousands of additional American customers who were stymied Saturday by canceled flights and long delays at airport counters.

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American canceled 850 flights Saturday, or 43% of its schedule. That brings the total cancellations to more than 5,000 flights, affecting more than 500,000 travelers, since the sickout began Feb. 6.

The nation’s second-largest airline, American also canceled about 440 flights for today. That would be sharply lower than in recent days, but American warned that cancellations could soar again if the pilots’ sickout continues.

The worst-hit areas have been American’s hubs in Dallas-Fort Worth, Chicago and Miami. But horror tales of bungled plans also were found at Los Angeles International Airport.

Craig Woodcock and his family planned to fly Friday from their Syracuse, N.Y., home to Miami for a vacation that included a Caribbean cruise. But after the flight was canceled, the Woodcocks said they ended up on a Kafkaesque journey across the country that included other canceled flights, two alternate airlines and stopovers in New York, Chicago, Reno and Los Angeles. They were hoping to finally reach Florida on Saturday night on United Airlines.

“I’m really about ready to collapse,” said Woodcock’s wife, Betsy. “I’m disgusted with the pilots. I couldn’t care less about going on the cruise right now, which is really sad, but I just want to go home.”

Pat Chieffo, of Washington, said she and her family were spending the last day of their vacation searching for seats on other carriers after their flight home was canceled. “To do this over a holiday weekend is cruel,” she said.

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The pilots’ slowdown ostensibly centers on a dispute about how quickly American should integrate its recently purchased small airline, Reno Air, and bring Reno Air’s lower-paid pilots up to American’s pay scales. The APA wants that done immediately; the airline wants to do it gradually.

But the tenacity of the pilots’ job action shows that the sickout also reflects additional lingering disputes, analysts said.

It’s a situation that outraged Kendall, especially because he had ordered the pilots back to work Wednesday.

While American “may or may not be right” in the dispute, “the union is responsible for the damages these passengers have suffered,” Kendall said. This “minor labor dispute has been transformed into nothing more than a shakedown,” he added.

American, which has estimated its lost revenue at about $60 million, said it was pleased by the ruling, but added that “we take no great satisfaction in having to be in court in the first place.”

The airline also said it was ready “to get back to the negotiating table,” but that additional talks weren’t yet scheduled.

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LaVoy told reporters after the hearing that he hadn’t yet decided whether to appeal. “We obviously don’t agree with the judge’s order,” he said, but added that the APA would “continue to comply.”

Indeed, the APA’s Web site included a plea from LaVoy for the pilots to return. “We need to get this airline back up and running at full capacity, and we need to do so quickly,” he said. Union officials could not be reached to elaborate.

Times wire services contributed to this story.

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