Flexjet said its lawsuit against the NetJets Association of Shared Aircraft Pilots (NJASAP) and NetJets pilot Jeffrey Stein will move forward now that a Cuyahoga County (Ohio) Common Pleas judge has denied the defendants’ request to dismiss the case on a technicality.

The complaint alleges that the NetJets pilot union “and its operatives” sent hundreds of "vulgar, threatening, and malicious mailings" to the homes of Flexjet company managers and employees who spoke up in support of a May 2018 union decertification election. “In at least one instance, a recipient called a fire department and explosives experts in response to receiving a box full of plain white envelopes with no return address,” Flexjet said. Although sent anonymously, a postal investigation revealed the identity of the sender.

Flexjet’s lawsuit seeks damages for these “acts of menacing and intimidation.” The postcard mailings occurred during a 28-day voting period when Flexjet pilots were voting on whether to decertify their union, the International Brotherhood of Teamsters (IBT) Local 1108. Ultimately, the pilots voted 318 to 220 to reject union representation.

“We are pleased that the Judge is letting the case go forward against these defendants for their shameful behavior,” said Flexjet chairman Kenn Ricci. “Unions such as NJASAP who were not at all involved with the recent decertification election need to understand they cannot do or say anything they want without consequences. This was not campaign speech or meant to do anything other than maliciously threaten those who spoke up in favor of decertification. This is just another example of how unions such as NJASAP are completely out of touch with employees and why union membership continues to decline.”

NJASAP said it could not comment on pending legal action.