Administrative Law
Some of our members are experienced in participating and
representing clients in quasi legal actions in administrative
proceedings dictated by the RAILROAD LABOR ACT which has application to
Airlines as well as initially Rail Roads.
FAA
CERTIFICATION INCIDENTS
This is a vastly oversimplified
explanation. Pretend the FAA is the highway Patrol who police
compliance with the FAA Rules of the road as that pertains to flying.
For every alleged violation of FAR the FAA may cite a pilot. Depending
upon how serious the violation is the penalties vary from letters of
reprimand, attendance at remedial schools, fines, Temporary loss of
flying license for a defined period of time or ABSOLUTE revocation of
flying privileges for ever. Just as in the court system a pilot is
innocent until adjudged guilty so there is a set administrative then
legal procedure that allows a pilot to defend himself. Many of the
AIRLAWS attorneys handle these FAA disciplinary actions.
FAA MEDICAL SUSPENSIONS and REVOCATIONS
A pilot
license is only half what a pilot needs to fly legally. The other half
is a current medical. The government controls who may actively
manipulate air vehicles as pilot by virtue of monitoring their medical
condition. There are several varieties of medical certifications. The
most stringent rules apply to pilots flying as Captain of Airline type
equipment. Too fly captain in an Airline operation one must have a
current category one certificate. Lesser equipment requires slightly
lower medical standards and slightly greater time between Check ups.
Captains are checked every 6 months. The medical certifications are
overseen by a group of Civilian medical examiners and archived by the
FAA. The minimum medical standards determine whether a certification
issues.
Several varieties of
illness and several varieties of accidents may result in temporary loss
of flying privilege while recovery takes place and the pilot again
passes the physical or qualifies for some variety of waivers. The
process of returning to flight status is often expensive, time
consuming, requiring of expert medical testimony and legal help. Many of
the Airlaws consulting attorneys have participated in or litigated the
process.
UNION GRIEVANCES
The type and
variety of such actions stem from Labor Law and Union Collective
Bargaining Agreements. The most common is a grievance filed by a worker
for alleged violations of the then in effect contract agreement. Airline
Union contracts called Collective Bargaining Agreements (CBA) are very
all encompassing documents that delineates Scope of employment, work
rules, pay and benefits, Retirement, disability, sick time and temporary
sick leave, insurance benefits, Vacation, seniority and seniority
disputes, Training, failure to train, hours of duty and rest
requirements, termination of service, and much much more. It is often
that the easy disputes are settled through a union managed grievance
process. Often in more serious disputes involving certain discipline
problems the Union will refuse to represent a client and at that
juncture the defendant should employ qualified out side representation.
A union member may also always hire co counsel beyond the union
representation.
AIRLINE and UNION COLLECTIVE BARGAINING
Several of our
members have been elected members of Contract Negotiating teams working
full time for periods of several years working to complete Collective
Bargaining Agreement (CBAs) with the airline covering work rules,
benefits and pay for a 8,000 pilot work force. Several have
attended union sponsored contract negotiating courses. Many have held
Union elective offices and still others have served on Union Committees
to include but not be limited to:
Union contract negotiating committees,
Union
seniority list merging committees,
Union Grievance committees,
Union Safety Committees,
Union Accident committees,
Union Incident
Committees,
Union All Weather Flying Committees,
Union FOQUA
committees,
Union Two man/Three man cockpit committees,
Local elected office holders
Union Master elected positions (BOD)
Union Strategic Planning Committees
Union Public Spokesperson committees.
And more:
LABOR LAW
The most common labor complaints of employee
against employer is a retaliation in the form of discipline or discharge
after the employee has participated in some
Variety of action protected by law.
These WHISTLEBLOWER actions result when an employee has participated in
some act or action protected by some Federal or State Law. In the
airline industry an often occurring situation is when an employee
discloses corporate safety violations. Other common labor problems
result from discrimination concerning Age, Race or other protected
situations. Often such problems may stem from a company wrongfully
attempting to curtail protected union activities. Such instances may
first be addressed in grievance actions before initiating
legal actions in a court of law.
Sarbanes-Oxley whistleblower
provisions Dodd-Frank Act
Railway Labor Act, 45 USC §151
Occupational Safety and Health Act of 1970 - Retaliation, 29 USC §660(C)
Age Discrimination in Employment Act, 29 USC §621, et. seq.
Civil
Rights Act 42 USCA §1983.
Uniformed Services Employment and
Reemployment Rights Act (USERRA), 38 USC §4301, et. seq.
You will
note one of Airlaw’s Captains is board certified in employment law.
8
of the members have done Airline Union grievance work
8 members have
worked FAA certification or discipline matters.
AIRCRAFT TRANSACTIONS The acquisition of aircraft, the
ownership of aircraft, the maintenance of aircraft, the leasing of
aircraft all include very specific knowledge and documentation. The
transactions described above require special experience and talent.
“Honest John the not so honest the Used Car dealer” exists in aircraft
transactions as in automobiles. In fact the serious nature of the hazard
of flight makes airworthy aircraft mandatory. Unlike automobiles, the
rules of maintaining and licensing aircraft for use in the United States
is not a state matter. Rather it involves the FAA in ownership
documents, liens on the aircraft and in maintenance and airworthiness
criteria for the aircraft. When one buys an aircraft it is advisable to
get professionals involved in safety audits, license and title
registration and if liens exist. Lease back agreements are full of legal
language that should be reviewed by a professional as well.
Whether the transaction involves the change of Hands of an American
Owned and operated aircraft, whether the transaction is the purchase and
importation of a foreign made aircraft, or whether the transaction is
purchasing a surplus military machine and converting it to civilian
use…One should always employ professionals to help them with these very
unique and tricky transactions.
EUROPEAN, MIDDLE EAST and AFRICAN
OZTURK & PARTNERS
The Airlaws
Group membership is situated and connected to help clients in most of
the world. Our recent members Yasar Ozturk
and OZTURK & PARTNERS are known internationally and throughout Europe
and the Middle East. They provide the full range of aviation law
services required by businesses and individuals. They have acted in
co-operation with colleagues from United States, Italy, Germany and The
Netherlands counseling on Turkish law related to the claims of the
victims’ relatives. They also have expertise in maritime and transport
law since the establishment of the firm in 1973. We have been giving
legal and business services to both Turkish and foreign ship-owners,
brokers, insurance companies, banks, cargo interests, freight
forwarders, P&I Clubs, charterers and all parties to a maritime dispute
.In this electronic age they are but a Call away.
Dr.
SOFIA MATEOU and CAPT ANDREAS MATEOU
The Airlaws Group membership is situated and connected to help
clients in most of the world. Our recent members Sofia and Andreas
Mateou are known internationally and throughout Europe, Africa, and the
Middle East. They provide the full range of aviation law services. They
were born and brought up in regions of the world that American attorneys
are ill equipped to understand let alone practice in. Their specialty
areas are in consultation concerning Aviation Law, Aviation Safety and
Flight safety in the region
Dr Sophia Mateous A Doctorate degree from
the UK, A Law degree from South Africa, A law practice in South Africa,
A professor of Law at Nicosia Law School. Both are guest lecturers at
Cranfield University, UK
Captain Andreas Mateou holds a Doctorate
from the University of Middlesex, UK, an MSc in Aviation Management from
the University of New South Wales, Australia and a law degree (LLB) from
the University of London Both are guest lecturers at Cranfield
University, UK
In addition Many Lawyer -Airline Pilots of the
AIRLAWS GROUP have flown international routes thereby exposing them to
many different cultures, customs and laws. They include:
Captain Troy Avera, Captain Charles Barnett, Captain Glenn Cook, Captain
Sid Cook
Captain Mark Goodrich, Captain Jim Hourin, Captain J.D.
Johnson, Captain Mike Jones (inactive) ,Captain Andreas Mateou, Captain
Paul McCarthy, Captain Doug Moss, Captain Myron Papadakis, Captain “T”
Thompson, Captain William Wirth