British Airways pilots have dramatically withdrawn their court action against the flag-carrier which their union had launched in opposition to recruitment plans at newly-created transatlantic subsidiary OpenSkies.
The BA pilots union opted to withdraw its court action to avoid the prospect of an expensive, drawn-out series of appeals.
BA planned to use European Union legislation on the creation of subsidies to block a threat by pilots to strike over the establishment of OpenSkies.
While its main pilots union, the British Airline Pilots’ Association (BALPA), had not opposed the creation of the new airline, it had objected to BA plans to recruit crews from outside its mainline pilot corps.
BALPA had sought clarification this week from the High Court in London as to whether BA’s argument, centred on Article 43 of the Treaty of Rome, had any foundation.
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But the union dramatically withdrew its case, and removed the threat of industrial action. BALPA general secretary Jim McAuslan says: “After three days in court it became apparent that – win, lose or draw – we could still face appeal after appeal.
“BALPA has built financial reserves to take action like this, but we will do so wisely. That is why we have decided to withdraw our request to the court.”
McAuslan says the union will embark on a European-wide campaign to change European Union law to ensure there is “no longer any doubt” that Article 43 does not undermine workers’ rights to strike.
“We shall be pressing for a review of this law which has prevented British trade union members from protecting their careers,” he says. “The right to strike has to be declared the overriding right, and BALPA wants others to join us to restore balance and fairness in industrial relations.”
Source: Air Transport Intelligence News
Source: Flight International
