On January 15, a law firm representing fractional-share operator NetJets sent a letter to the union that represents the company’s pilots, NetJets Association of Shared Aircraft Pilots (NJASAP), accusing union members of “engaging in concerted action” that is hampering flight operations. This includes writing up discrepancies at a higher-than-normal rate, greater fatigue calls, and a declining willingness to take extended duty days.
NetJets claims that NJASAP is communicating to members that they should engage in “self-help” or a slowdown, according to the letter from the law firm.
“NetJets is aware of as many as a dozen messages that suggest—using the typical union code words for self-help–that pilots should take action to reflect their unhappiness with the state of voluntary negotiations. Beginning in early July, several messages focused on ‘fatigue,’ couched in terms of ‘reminding’ pilots of their right to call in fatigued and urging pilots to call the Steward on Duty for ‘assistance.’
“A series of related messages from NJASAP around this same time highlighted maintenance write-ups, again encouraging pilots to ‘address maintenance issues’ and darkly hinting at ‘disturbing reports’ about maintenance ‘trends’ at NetJets. These communications have continued throughout the fall and early winter.
“Indeed, just a few days ago, NJASAP sent out another message urging crews to ‘document a discrepancy(s) when and where it occurs,’ and to ‘[p]rotect yourself and your license’ by refusing to fly ‘until you are certain your aircraft is safe and airworthy.’ Everyone involved—the company, the union, and the pilots—understands that these communications are promoting self-help.”
The union denies that it has encouraged members to engage in self-help. According to NJASAP president Pedro Leroux, “NJASAP adamantly denies that it is engaged in any concerted effort to condone or to encourage such a slowdown, and we have issued a communication to our members to cease and desist any individual efforts to do so. We view NetJets' letter and threats as its latest attempt to censor NJASAP's ability to communicate with its members about important matters that affect flight crew and owner and customer safety.”
According to NJASAP, “Contrary to the allegations in the company’s letter, which your Union adamantly denies, NJASAP does not in any manner condone or advocate that pilots engage in slowdowns or other concerted activity to negatively impact NetJets’ operations, including but not limited to changing their behaviors with respect to maintenance write-ups, fatigue calls, or performing voluntary extended days.
“NJASAP communications concerning the three issues raised in the company’s letter are never intended to cause pilots to engage in a slowdown or to apply other forms of economic pressure on the company’s operations but instead are in response to NJASAP and its members’ concerns about operational pace, pilot fatigue, and maintenance practices wholly unrelated to contract negotiations. Any inference that these communications were directly or indirectly related to contract negotiations is hereby denied and disclaimed.
“Slowdowns and other forms of concerted activity undertaken for the purpose of causing NetJets to make changes to the Agreement in voluntary collective bargaining negotiations are unlawful and violate the Railway Labor Act. Any pilot or group of pilots engaging in such unlawful activities should immediately cease and desist.”
In the letter from the NetJets law firm, the company provided information that supported its claim that NJASAP members are engaging in a slowdown. The information takes into account variables such as weather and other factors that could affect the three issues.
The pilot-sourced break rate (discrepancy write-ups) grew to an average of 50.5 per day recently from 36.8 in early 2023, according to the NetJets law firm's letter. NetJets adopted a fatigue mitigation policy in October 2022, and since then fatigue calls averaged 12.8 per day. That number grew to 23.0 per day since September 1. Finally, the voluntary acceptance of extended duty days has dropped since July 2023. All three of these have caused greater flight delays, which impacts aircraft availability and increases operational costs, as well as harms the NetJets brand, according to the letter.
NJASAP said it is reviewing the NetJets data, “preparing a related information request to send to the company, and beginning the process of analyzing the company’s interpretation of the data and related allegations.”
The union did point out to members that “nothing contained in the company’s letter to NJASAP or this letter to you should be interpreted to mean that a pilot should engage in unsafe behavior. As individual pilots, we have a legal and moral duty to ensure the safety of flight crews and passengers.
“Just as you should refrain from changing your behavior on the line to impact contract negotiations, you should also refrain from second-guessing yourself when it comes to safety. In saying this to you, NJASAP is not speaking in ‘code’ or ‘signaling’ you to engage in a slowdown or other forms of economic pressure for the purpose of causing management to return to negotiations, to accept union proposals, to modify company proposals, or to otherwise make changes to the agreement. Any such inference is hereby denied and disclaimed.”
The existing collective bargaining agreement between NJASAP and NetJets extends to 2029. NetJets had agreed to voluntary interim bargaining and offered pay raises and other changes, but NJASAP has elected not to put the offer up for a vote by its members because it believes the offer doesn’t match increases that airline pilots have recently gained during their contract negotiations.