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Laid-Off United Mechanics Cry Foul |
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A class action has been filed by laid-off United Airlines mechanics against the airline and the mechanics' union, the International Association of Machinists and Aerospace Workers. The action alleges that the mechanics were improperly laid off when United closed its Oakland, California, and Indianapolis, Indiana, maintenance facilities in April, 2003. The mechanics claim that they were denied transfers, to which they were entitled due to their seniority, and that their union failed to represent them in efforts to regain their jobs. They are seeking reinstatement with back pay, seniority and benefits, as well as compensatory damages, attorney's fees and costs.
Under the collective bargaining agreement in effect at the time of the layoffs, mechanics with seniority were entitled to request transfers to other United facilities where mechanics with less seniority or those on probation status were employed. When United announced the shutdown at Indianapolis, the plaintiffs requested transfers. They were denied transfer and were instead laid off. Allegedly, employees with less seniority than the plaintiffs were, in fact, allowed to transfer.
The mechanics attempted to file a grievance, but United allegedly ignored this effort because it did not have the union's sanction. United would only hear a grievance if it was brought by the union on behalf of an employee. The mechanics claim that the actions of United and the union constitute a breach of duty as well as fraud. Specifically, they claim the union breached its duty of fair representation under the federal Railway Labor Act, and that both United and the union violated the collective bargaining agreement.
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