ALPL

Yesterday, on 11 Jan. 2018, numerous Ryanair pilot Company Council members, supported by their ECA Member Association officials as well as EERC members, met in Brussels at ECA HQ to discuss developments since Ryanair’s public announcement that it would recognise pilot unions and engage in collective negotiations.

In addition to updates on current talks between national unions and the company, Ryanair’s controversial attempt to exclude Ryanair contractor pilots (i.e. pilots on agency contracts) from being company council members or being represented in such talks was a major issue. Ryanair’s lack of response to several unions that have requested recognition talks with the company is another significant issue.

ECA Member Associations and their Ryanair pilot Company Councils expressed their willingness to further strengthen their exchanges and coordination. They also recommended to ECA to work towards setting up a transnational pilot coordination platform, based on tested and successful models existing for pilots in other transnational airlines.

“ECA Member Associations and their Ryanair pilot Company Councils expressed their willingness to further strengthen their exchanges and coordination”

Meeting participants discussed Ryanair’s controversial attempt to push through each Ryanair base a unilateral, non-negotiated Pay Rise Offer, which has several problematic strings attached to it and de facto side-lines the very unions that Ryanair claims to be willing to recognise. The EERC and national Company Councils recommend each pilot looks at the conditions and restrictions attached to these offers. The issue of ‘retrospection’ of any negotiated pay rise offer (i.e. back-dating them to e.g. 1 Sept.) was also raised as an important issue in any discussions about pay.

The meeting showed a high degree of unity and alignment among pilot representatives from across Europe. There is a determination and shared willingness to engage in constructive collective negotiations with Ryanair in all European countries where there are bases. However, these negotiations must take place outside the discredited management-imposed ‘ERC’ system and divisive base agreements.

It was agreed to share all national updates through the EERC communications channel. These will be available for all pilots that sign up to EERC online.

“The EERC and national Company Councils recommend each pilot looks at the conditions and restrictions attached to these offers.”

It was acknowledged and accepted that this will be a long journey. It will require a lot of patience from individual Ryanair pilots, as well as their continued support for and input into their Company Councils, their national pilot unions, the EERC and ECA.

What is now expected from Ryanair is a constructive and genuine engagement with its own pilots – be they employees or agency contractors – and with all pilot unions / associations that have requested and will request recognition and negotiations.

Ryanair loses defamation case against three pilots

After a 7-week’ long, expensive defamation case before the Irish High Court, a verdict in favour of Capt Evert van Zwol, John Goss and Ted Murphy, brings much needed relief to them, their families and the pilot community. They have successfully demonstrated during the process, that the leaders of the Ryanair Pilot Group never had the intention to damage Ryanair. Their focus was on empowering Ryanair pilots to organise themselves so they could deal directly and collectively with the management.

“Another effort to silence and discredit pilot leaders has failed,” says ECA President Dirk Polloczek. “It is very sad how Ryanair has decided to target individual pilots in its determination to fight unions. Such litigation undoubtedly has a ‘chilling’ effect on anyone wishing to speak up. We hope that this is the last time Ryanair takes pilots to Court.”

“Another effort to silence and discredit pilot leaders has failed”

The verdict comes at a time when Ryanair has conceded to recognise unions and engage in collective bargaining with its pilots. This change of attitude came after hundreds of Ryanair pilots joined unions across Europe and formed Company Councils in the aftermath of the major cancellation crisis of September 2017 – and under the threat of imminent Europe-wide industrial action.

“Ryanair management admits now that mistakes had been made in the past”, says Philip von Schöppenthau, ECA Secretary General. “I believe this defamation lawsuit has been one of those mistakes. It is now time for Ryanair to build a trusting relationship with its pilots. Such a relationship can only exist without the permanent threat of litigation hanging over the heads of pilot representatives. Any ongoing cases or legal proceedings against pilot leaders, organisations or whistleblowers must be stopped immediately.”

Failure is a word that no-one likes to hear. Especially not if it applies to a major European airline. But it is the word that perhaps best describes the relations between Ryanair management and its pilots right now. Management fails to honor its commitment to “talk” to its own pilots, refuses to acknowledge their call for collective bargaining and transparent negotiations, and rejects the existence of grassroot initiatives such as the European Employee Representative Council (EERC) – a body set up by Ryanair pilots from across Europe. But the story doesn’t end here: this management failure is not a reason for the pilots to give up.

To achieve these aims, many hundreds of pilots joined pilot associations and decided to establish Company Councils under the umbrella of ECA Member Associations across Europe. These Company Councils – composed of Ryanair Captains and First Officers, directly employed and contractors – do now exist in 7 European countries: Portugal, Germany, Ireland, Sweden, Italy, Spain & the Netherlands – and others will follow. All 7 formally notified Ryanair management about these Company Councils and invited management to engage in negotiations on new CLAs. And all 7 received a rebuttal from Ryanair. Yet another management failure…

The importance of such Company Council cannot be underestimated, as they hold the keys to direct negotiations at national level. These structures are designed to facilitate and formalize negotiations – and this in line with national legal and social requirements and protections. They also ensure fair and transparent deals that would apply to all pilots in a given country (rather than on a selective base-by-base level), and this within a wider European framework set by the pilots themselves.

The number of runway incursions affecting European and global airports remains a significant safety concern, and this despite several initiatives launched over the past 10 years. Version 3.0 of European Action Plan for the Prevention of Runway Incursions (EAPPRI v3.0), unveiled in November, promotes a renewed strategy to re-focus and re-energise ongoing actions being taken across the aviation industry. ECA is one of the key stakeholders to have contributed to this action plan.

In particular, EAPPRI v3.0 calls upon the aviation industry to review the effectiveness of systemic runway incursion risk reduction activities as part of their Safety Management Systems (SMS) and aerodrome Local Runway Safety Teams. The value of pilots’ representation in those teams is again recognised in the new strategy. Pilots’ participation is the way to bring to the table the right operational experience and technical expertise for identifying local risks and proposing mitigation measures. Making sure this remains possible has been one of ECA’s top priorities during the revision process.

“The number of runway incursions affecting European and global airports remains a significant safety concern.”

EAPPRI v.3 contains modifications to some existing and a number of new recommendations affecting all the stakeholders with a vested interest in runway safety. These range from new measures to enhance the safety of airside drivers who need to access runways to measures facilitating air traffic controllers’ ‘heads up’ scanning so that they can maintain a continuous watch of aerodrome operations.

State authorities are encouraged to establish national runway safety teams and recommendations for the industry to move towards the graphical display of safety critical aerodrome information to pilots to improve their situational awareness.

ECA and the entire pilot community remain committed to carry out the recommendations of this action plan. ECA also welcomes that runway incursions have been flagged by EASA as a key safety risk area which will be part of next SESAR deployment wave. It is only through joint stakeholder efforts – including pilots’ – that runway incursions will become a less critical safety concern.

Empowering and supporting pilots in their efforts to collectively negotiate is the aim of a new crowdfunding campaign that has just been launched. The #PilotUnity campaign on GoFundMe (https://www.gofundme.com/pilotunity2017) is expected to attract wide attention and donations from pilots, aviation professionals and keen European fliers.

The crowdfund comes in the aftermath of the recent flight cancellation crisis in Europe. It is now clear that there is a new generation of pilots who will not be silenced, denied their fundamental right to Freedom of Association, or discouraged from organising collective negotiations. These groups of pilots want to choose their own representatives, to stand up and speak on their behalf, without fear of punishment or even worse – losing their job.

The fund is administered by the European Cockpit Association on behalf of the entire pilot community. The main purpose is to provide financial security to pilot leaders, having distinguished themselves as representatives in the struggle for collective representation.

“We’ve got your back. This is all we want to say with this fund to the pilots who may be stifled by fear of reprisals.”

“We’ve got your back. This is all we want to say with this fund to the pilots who may be stifled by fear of reprisals and worry that their actions to organise the pilot community will get them fired”, says Capt. Dirk Polloczek, ECA President. “They need to know that the pilot community in Europe and beyond is united and determined to go in one direction. Through this crowdfund, the professional body of European pilots will provide the necessary support to allow the pilot leaders to focus on their core tasks of organising and negotiating.”

This crowdfund campaign comes at a moment when large pilot organisations from across the Atlantic have also offered help to their European pilot colleagues, including financial support.

“The need for this fund is a big warning sign that things are going seriously wrong in European aviation – because not every airline respects the principles of social dialogue. Instead they have their crews spread across Europe on a variety of atypical and precarious contracts, denying them effective access to genuine representation and genuine negotiations with management”, explains ECA Secretary General Philip von Schöppenthau. “We have seen examples of pilot representatives who dared to speak up were singled out, disciplined or fired. Whatever comes through the fund will serve as a safety net for pilot representatives that may end up in a similar situation.”

“Whatever comes through the fund will serve as a safety net for pilot representatives #PilotUnity”

“We count on the support of our professional community, of the community of aviation employees, and of the community of citizens who fly as passengers in Europe”, says Dirk Polloczek. “These people hold the power to say that no-one should be intimidated, pressured or silenced. No aviation employee should be afraid to speak up, be a whistle blower or stick his or her neck out.”

Drone, airline & helicopter pilots have much more in common than just the same airspace. This was the main conclusion of the first workshop for manned & unmanned aviation pilots, organised by the European Cockpit Association in Brussels on 19 Oct. Under the common theme “One sky fits all”, more than 20 aviators reflected on their common passion for flying, similar operational threats, challenges and comparable trends in their profession.

“We all fly different aircraft, but the job of the pilot is essentially the same”, says ECA Vice-President Jon Horne. “Today we’ve heard the striking similarities between piloting an aircraft, whether ‘from the inside’ or ‘from the outside’. In both cases pilots do meticulous pre-flight preparations, assess the environment and focus on ensuring and executing a safe flight. Ultimately, the Pilot in Command’s role is the same regardless of aircraft: managing risk & controlling the aircraft safely.”

“We all fly different aircraft, but the job of the pilot is essentially the same”

The workshop featured presentations by drone, helicopter and airline pilots detailing the operational reality of their work. A second focus was on abnormal and emergency situation training and procedures. The workshop ended with a brainstorming session where pilots identified how to learn from each other’s various techniques and solutions to their common problems.

“Listening to the drone pilots’ presentations I was struck by the fact that they have come to the same solutions that manned aviation is using. For example, the 2-person operation – one pilot in command, flying the aircraft and ensuring its safe conduct, and one pilot/operator communicating and monitoring”, says ECA Board Director Capt. Johan Glantz. “But beyond this example, the workshop clearly demonstrated that we do share the same set of professional standards and core responsibilities.”

Building a safety culture was identified as a common challenge for all. While manned aviation prides itself on a robust and positive safety culture, it needs constant effort to maintain. Key to this is developing an incident reporting and analysis system that would allow drone pilots to learn from others’ experiences.

“The professional drone pilots clearly showed that they understand the benefit of and need for a genuine positive safety culture, and one which protects against undue commercial or public pressure. This mind-set is in line with manned aviation’s pilots, and we face very similar challenges in delivering this key foundation of safe aviation” says Capt. Glantz.

“We have made a great shift to realise that unmanned flying is thefuture of flying”

Drone pilots also highlighted other challenges from regulators. National authorities have not yet assigned the necessary resources to develop and offer valuable, relevant and portable training qualifications for professional drone pilots. Meanwhile national regulation still varies wildly around Europe, making it hard for professional drone pilots to work in more than one country.

“Ten years ago, when the first RPAS regulatory initiatives kicked off, manned aviation had little understanding of RPAS – it all seemed a technology which had nothing to do with us”, says Capt. Horne. “Over the past 5 years, we have made a great shift to realise that unmanned flying is the future of flying. We may not know whether in the next 5, 10 or 20 years, but it is the future. This first workshop is an important step on the path of all pilots in accompanying the convergence of manned and unmanned aviation. I am confident our profession will greatly benefit as we learn from each other”.

Dear Members of the European Parliament,

Last week, many of you took the floor during the Plenary debate about Ryanair’s massive cancellation crisis, its handling of passenger rights, and the precarious atypical employment practices for its employees.

Today, Ryanair Capt. Imelda Comer speaks up – and we invite you to listen to what she has to say about the company and the aspirations of Ryanair pilots.

Imelda Comer took the step to reveal her identity. Not an easy step in an environment where many pilots express their fear to be subject to professional disadvantages if they dare to speak up.

She did so by writing an open letter to her boss, Ryanair’s CEO Michael O’Leary.

As a Ryanair pilot, Capt. Imelda Comer speaks on behalf of her colleagues and the newly established interim ‘European Employee Representative Committee’ (EERC).

What they ask for is eminently reasonable, and very simple:

• the establishment of a genuine social dialogue between the collective body of Ryanair pilots and their management – not a unilaterally imposed one-way ‘take-it-or-leave-it’ communication; and
• permanent direct employment contracts, governed by the local laws of the country where the pilots are based and habitually work from – in line with the recent judgement of the European Court of Justice.

Benchmarking pay and conditions with other comparable airlines, as well as further work-related issues are important, but come second. They are to be agreed upon between genuine pilot representatives chosen by the pilots, and their management.

Ryanair Captain Imelda Comer speaks up – listen to what she has to say

As the voice of Europe’s professional pilots, the European Cockpit Association would like you – the elected representatives of Europe’s citizens – to be aware of these demands.

And to be aware that there are still companies in Europe that deny their employees effective access to the very fundamental rights of Freedom of Association and Collective Bargaining.

Such disregard for Fundamental Rights, and the precarious atypical employment practices it makes possible, have no place in Europe.

Please take a few minutes and read Imelda Comer’s letter. And please do support her and her colleagues in their quest for being able to exercise their Fundamental rights.

Sincerely yours,

Dirk Polloczek, ECA President
Philip von Schöppenthau, ECA Secretary General

Capt. Imelda Comer’s Letter
CC: Marianne THYSSEN, EU Commissioner for Employment, Social Affairs, Skills and Labour Mobility
Violeta BULC, EU Commissioner for Transport

Ryanair’s cancellation debacle has exposed structural deficiencies in its business and employment model and a deep disconnect between Ryanair management and its pilots. The public has seen Ryanair pilots state they are ready to support their company, but also that pilots are united in their call for deep changes in the way Ryanair employs and treats them – not least in line with the recent landmark judgment from the European Court of Justice. European pilots express support for their colleagues’ demands and back them wholeheartedly in self-organising as a united pilot body. ECA also calls on institutional investors to initiate structural change and work for an urgently needed social dialogue.

“As widely reported in the media, Ryanair pilots from numerous European bases sent joint letters to their management. These letters are crystal clear. Ryanair’s pilots are taking a firm and unified stance: they want decent working conditions and direct employment contracts”, says ECA Vice-President Jon Horne. “They offered a helping hand to their company, to sort out this self-inflicted chaos that has left thousands of passengers stranded. In return, Ryanair pilots haven’t asked for a crude bonus. They want something much simpler – a direct and stable employment contract: governed by the laws of the country where they live and work; in conditions similar to other European pilots; and a meaningful, genuine social dialogue”.

We are happy to see Ryanair pilots taking a firm and unified stance!

Ryanair makes systematic use of contractors and self-employed pilots providing services through temporary agencies, and often subject to zero hours (no flight = no pay). Such working arrangements have a negative impact on working conditions as they can have the effect of limiting access to fundamental benefits such as paid vacation, sickness or maternity leave. This provides flexibility and a lower cost base, but also a highly unstable pilot work-force – as demonstrated by the short time pilots stay at Ryanair.

This atypical employment model is now under pressure from investigations into potential tax and/or social security fraud, such as in Germany, and by the recent judgment of the Court of Justice of the European Union. This CJEU decision ruled that Ryanair’s crews can seek their labour rights in Courts other than Ireland, thereby refuting Ryanair’s rhetoric of “Irish aircraft = Irish employee”. Instead, the Court states that the ‘home base’ of crews is the most ‘significant indicator’ to determine the employee’s habitual place of work and which labour laws and jurisdiction apply to them. It will empower aircrew to pursue their rights in local courts and allow them to challenge questionable atypical employment set-ups under the laws of their own country.

This atypical employment model is now under pressure!

“This European Court judgment cannot be ignored by Ryanair management, nor by institutional investors”, says Philip von Schöppenthau, ECA Secretary General. “As Ryanair’s management is busy finding quick-fix solutions, we call on investors to take a moment and think about the long-term sustainability of the company and one of its most valuable assets: the employees. We see today that planes – still – need crews to fly them and to bring their passengers safely to their destination”.

Irish plane, Irish employee? Court of Justice says ‘No’

European pilots welcome the landmark judgement by the Court of Justice of the European Union in the case of air crew against Ryanair and its temporary staff agency Crewlink. The decision brings a definitive end to Ryanair’s fiction of considering a Ryanair plane as Irish territory, with Irish employees, subject to Irish jurisdiction. This claim has incorrectly designated Irish courts having jurisdiction over thousands of pilots and cabin crew and has deprived many of them from access to legal help at the place where they actually work.

Today’s decision by the European Court of Justice clearly refutes Ryanair’s rhetoric “Irish aircraft = Irish employee”. Instead the Court states that the ‘home base’ of crews is the most ‘significant indicator’ to determine the employee’s habitual place of work and which laws and jurisdiction apply to them. This brings urgently needed legal certainty for all crews in Europe.

The ruling puts the convenient fantasy that aircraft registered in Ireland are somehow an airline’s own ‘private kingdom’ to the flame

“This ruling puts the convenient fantasy that aircraft registered in Ireland are somehow an airline’s own ‘private kingdom’, to the flame”, says ECA Vice-President Jon Horne. “This argument has been wrongly used to deny mobile workers all over Europe their fundamental rights and made them feel like subjects, not employees. The Court not only clearly states that a worker’s home base is their place of employment, but – in addition – that it is the real home base that matters, not an invention by some crafty employers.”

“This Court ruling has repercussions well beyond Ryanair, says Philip von Schöppenthau, Secretary General of ECA. “There are many airlines out there that make use of highly questionable employment set-ups and doubtful contractual jurisdiction clauses. This EU-wide ruling makes it now possible to challenge such set-ups and will help plug the legal loopholes that allowed too many airlines to get away with practices that need to be examined and challenged by the courts.”

The decision is a ray of light for the thousands of pilots and cabin crew across Europe who have struggled to find legal protection at the place where they actually work on a daily basis, forced to seek judicial redress in Ireland. Pilots and cabin crew can now derive their workers’ rights and applicable law from the place of the home base as a general rule – unless proven otherwise on an individual case-by-case basis, or abused for ‘strategies to circumvent the rules’.