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Boston-Maine Airways, Guilford Rail Systems, Pan AM

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  • Stephen G. Myers
    NewsBank InfoWeb Union Leader, The/New Hampshire Sunday News (Manchester, NH) Paper: Union Leader, The (Manchester, NH) Title: Magistrate backs Guilford
    Message 1 of 1 , Jan 19, 2005
      NewsBank InfoWeb
      Union Leader, The/New Hampshire Sunday News (Manchester, NH)

      Paper: Union Leader, The (Manchester, NH)
      Title: Magistrate backs Guilford Transportation
      Date: November 10, 2004
      Section: Local
      Page: b3

      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.
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