An arbitrator ruled this week that three union-organizing Flexjet pilots terminated by the fractional provider earlier this year be reinstated and paid back pay, according to Teamsters Local 1108. The pilots are members of the Flexjet Pilots Organizing Committee and working to form a union with IBT Local 1108, which represents the pilots at Flexjet sister company Flight Options.

“The arbitrator found the terminations were without cause and that the pilots' terminations resulted from retaliation for protected union activity in violation of federal labor law,” the union said. Two of the pilots have been out of work since February and one pilot since April, it noted.

Following the pilots’ terminations, the IBT Airline Division filed suit in federal court, alleging that "the terminations and harassment of other members of the Flexjet Pilots Organizing Committee violated the pilots' rights to organize and bargain collectively free from interference, influence or coercion under the Railway Labor Act." Under a confidential settlement, the parties agreed that the matter would be arbitrated before arbitrator Joshua Javits, the former chairman of the federal National Mediation Board.

In his decision, Javits stated, “Management’s actions were designed to send a chilling message to [Flexjet] pilots who were strongly supportive of the IBT’s organizing drive.”

“We strongly disagree with the conclusions of arbitrator Joshua Javits that the dismissal of the three pilots was the result of retaliation for protected behavior," said Flexjet chairman Kenn Ricci. "In reality, the three pilots were terminated for using abusive and intimidating tactics against their fellow Flexjet pilots that run counter to the terms of their employee contract."

He added, "We believe that discussions about unionization should include open dialogue and good-faith negotiations between a company and its pilots. At Flexjet, our loyalty is to our employees, and we do not believe the arbitrator took  into account our company’s heritage and history of honoring and protecting our family of pilots who have industry leading compensation and work rules. That is part of our history, our heritage, our success. While we disagree with the arbitrator, we will, of course, abide by his order.”