British Airways (BA) is set to face cockpit union British Airline Pilots’ Association (BALPA) in court today as the airline bids to block potential strike action over the creation of its transatlantic subsidiary OpenSkies.

The High Court in London is to begin hearing BALPA’s case that a strike would be a valid response to BA’s plans to set up the new carrier.

OpenSkies is to begin operating between New York JFK and Paris Orly from 19 June. BALPA is not against the establishment of OpenSkies but is protesting BA’s plans to recruit pilots externally.

BA sought to block any planned strike by referring to European Union law – specifically Article 43 of the Treaty of Rome – prohibiting restrictions on creating subsidiaries.

BALPA has turned to the court to secure a judgement on whether Article 43 should apply in this case and, if so, whether the strike can nevertheless proceed on the grounds that it is legitimate and proportionate.

Proceedings in the High Court are expected to take about a week, but BALPA says it is not expecting a ruling until June.

Source: flightglobal.com's sister premium news site Air Transport Intelligence news

Source: Flight International