AMFA Attorney Earns Victory for Aircraft Mechanic; AMFA Associate Member Exonerated in United Airlines Whistleblower Violation

Business Wire, Jan 15, 2002

Business Editors & Legal Writers

LACONIA, N.H.--(BUSINESS WIRE)--Jan. 15, 2002

The U.S. Department of Labor issued a Preliminary Order dated January 8th ruling in favor of United Airlines employee George Gulliford, in his case against United Airlines alleging that United Airlines discriminated against him in violation of 49 U.S.C. 42121. Gulliford is an associate member of AMFA (Aircraft Mechanics Fraternal Association).

Gulliford was reprimanded after reporting a crack in the Station 188 frame of aircraft 1366. He filed his complaint on Sept. 18, 2001 with the Secretary of Labor-OSHA (Occupational Safety and Health Administration) under the employee protection provisions of 49 U.S.C. 42121 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21 Act).

Gulliford was represented by AMFA's attorney, Lee Seham of Seham, Seham, Meltz & Petersen, LLP.

"Unfortunately, it's common practice for airlines to threaten aircraft mechanics for reporting problems outside their work areas," said O.V. Delle-Femine, AMFA National Director. "We at AMFA say that's wrong. We're pleased there's now a law to protect mechanics and encourage them to come forward, and we're proud to have helped Mr. Gulliford earn his victory."

"The unfortunate truth is that the F.A.A. (Federal Aviation Administration) disavows any obligation to protect individuals who resist unsafe work practices. In most circumstances, an aircraft mechanic doesn't have the resources to stand his ground. The industrial unions rarely if ever provide the necessary legal representation," said Lee Seham, AMFA's attorney.

Preliminary Order Relief Provisions

According to the Preliminary Order, United Airlines shall:

1. Remove from Complainant's employment records the "Letter of Concern" dated June 18, 2001.

2. Expunge any adverse references from Complainant's employment records of any reference to the exercise of his rights under 49 U.S.C. 42121 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21 Act) and not make any negative references relating to this incident in any future requests for employment references.

3. Pay Complainant's attorney fees.

4. Not retaliate or discriminate against Complainant in any manner for activity protected under the AIR21 Act.

5. Permanently post the "Whistleblower Protection Program" FAA-WBP P-01.

AMFA is an independent craft union not affiliated with the AFL-CIO. AMFA currently represents more than 11,000 aircraft technicians and related personnel employed at Alaska Airlines, Atlantic Coast Airlines, Mesaba Airlines and Northwest Airlines.

AMFA's credo is "Safety in the air begins with quality maintenance on the ground." To learn more about AMFA, visit their website at www.amfanatl.org.