Union Leader, The/New Hampshire Sunday News (Manchester, NH)
Paper: Union Leader, The (Manchester, NH)
Title: Magistrate backs Guilford Transportation
Date: November 10, 2004
NEWINGTON -- A U.S. Magistrate found in favor of Pease-based Guilford
Transportation in a case involving the company's decision to cease Pan
American Airlines' operations, fire its 30 union pilots and transfer
flights to co-owned Boston-Maine Airways.
The decision, handed down Monday by Magistrate Judge James Muirhead in
U.S. District Court in Concord, will be sent to Judge Joseph DiClerico
for a final ruling.
The magistrate found that Guilford did not violate an earlier order by
"The order neither prohibits the use of Boston-Maine in sub-service
for flights that Pan Am is, or was not capable of performing, nor
prohibits Boston-Maine from developing its jet aircraft charter business
entirely independent from Pan Am.
Those flights were the result of Boston-Maine's independent business
development efforts through a charter sales representative, who was not
formerly employed by Pan Am."
On Oct. 13, DiClerico issued an injunction against Guilford under
which the company was prohibited from using Boston-Maine to provide the
services previously provided by Pan Am. Nor could Boston-Maine use the
Pan Am fleet of Boeing 727 aircraft to fly routes previously flown by Pan
The Airline Pilots Association, the union that represented Pan Am
pilots, contends Guilford's actions amount to union busting.
John Nadolny, Pan Am legal counsel, yesterday would not comment,
noting the matter is still before DiClerico.
Marcus Migliore, an attorney with the Airline Pilots Association in
Washington, D.C., said the ALPA will file an objection to Muirhead's
finding within 10 days.
ALPA had argued Guilford was in contempt of DiClerico's order, because
Boston-Maine flew Pan Am 727 aircraft, but Muirhead disagreed.
Migliore would not specify the nature of the objection, noting the
case is still in U.S. District Court.
Under federal law, both parties have the right to file objections to
Muirhead's findings. However, Guilford is unlikely to do so, since the
magistrate found in its favor.
Once the ALPA objection has been filed with the court, DiClerico has
several options. He can accept the magistrate's findings, reject the
document or change it. The judge can also send the matter back to the
magistrate for further hearings.
Copyright 2004 Union Leader Corp.