Aviation and the Law

What Every Pilot Should Know! 
(Airline Employee)

Statute of Limitations!

I am currently studying to take my LSAT to get into Law School. The numbers of employees who need help and can't afford it because the airline terminates their employment or removes them from flight status for an unsubstantiated mental health issue-- a tactic utilized in the military-- continues to grow. Everyone needs help. An employee without a job finds it difficult to afford an attorney and pay a mortgage, whereas an airline employs a law firm and delays the process. 

It's time to balance the scale. 

My Aviation Law Course at ERAU was fabulous. My law professor, who is an airline captain and attorney, was incredible. He introduced me to another attorney, Lee Seham, who specializes in Aviation Law, specifically Air 21 cases. Despite what I have witnessed of unethical and dishonest attorneys, and we all have heard the lawyer jokes. For example... Q: What's the difference between a lawyer and God? A: God doesn't think he's a lawyer. This is not the case for all attorneys.

There are good people in the legal profession who take pride in defending the person and the law more so than the billable hours. I will be one of those attorneys, because everyone in  the aviation industry needs support. The reason being, each aviation case is touching passenger safety. One attorney sarcastically asked me, "Is everything about safety culture?" The answer is YES

The challenges with aviation law include a statute of limitations and the railway labor act. 

First, if an airline retaliates against and employee, with the Air 21 law (whistle blower law) there is only a 90 day statute of limitations. You need an attorney immediately. Second, if the union is not helping you, there is a 6 month statute of limitations to file a DFR (Duty of Fair Representation). 

The problems with this process include a union that may tell you that you must litigate in the grievance process. However, when you don't get your job back, you have exceeded your statute of limitations in court under the Air 21 law. The union may tell you that your only resources are the grievance process. Not true. The Air 21 has different remedies than the grievance process, therefore whether your union is helping or not... get an attorney and start the Air 21 process. This will be your protection. 

If the union is working with the company to have you removed, there is not much you can do. While it's hard to believe that could be the case, the truth is... it has happened. As long as there is an open door from a union position to a coveted management position, there will be people who behave unethically.  The problem is, you only have 6 months to file a DFR. Unfortunately, having a union attorney who is going through the motions, pretending to support you, does not qualify for a lack of representation. Quality of your defense is not a defense for the DFR law. The only person I know who won a DFR case was because he recorded the union stating they would not support him. 

Truth in Fiction 

The points of this post 

are included in my latest novel,

Flight For Truth 

A must read! 

Available on Kindle, 

or you can purchase an autographed copy 

hardback or paperback 

on my blog. 

Enjoy the Journey!

XO Karlene PhD