Led by airline veterans who served many years in-house, the attorneys in Ogletree Deakins’ Aviation Industry Group understand the unique challenges and complexities of the airline world. With exhaustive experience representing airlines with operations in the United States, Canada, Mexico, Central America, South America, the Caribbean, Europe, and beyond, our aviation attorneys have a broad array of strategies to handle industry-specific labor, employment, and regulatory matters.
Whether dealing with unions, such as ALPA, AFA, IBT, SEIU, or IBEW; agencies such as the National Mediation Board (NMB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA), or health and safety agencies; employment litigation; or an organizational campaign, Ogletree Deakins offers clients knowledgeable, timely, and efficient representation for the challenges they face.
Labor Relations
Ogletree Deakins has considerable experience with the NMB, the Railway Labor Act (RLA), the National Labor Relations Act (NLRA), and labor issues faced by carriers and service providers. Our experienced practitioners include two former airline counsel and a team of labor attorneys and support staff representing clients in matters spanning representation disputes, contract negotiations, grievance hearings, labor litigation, labor peace agreements, and unfair labor claims (under both the RLA and NLRA).
Regulatory Agencies
Ogletree Deakins’ attorneys represent carriers and service providers before the Department of Transportation, FAA, TSA, Occupational Safety and Health Administration (OSHA), and other agencies. Our attorneys provide counsel to guide aviation companies through matters such as civil penalties, drug and alcohol testing, training and testing, and the regulation of dangerous goods.
Workplace Safety
Ogletree Deakins’ Occupational Safety and Health attorneys represent airline and service provider clients in all aspects of workplace safety and health, including:
- Investigation of workplace accidents
- Handling of OSHA inspections and safety whistleblower complaints under AIR21
- Negotiation, resolution, and/or litigation and trial of OSHA citations
- Advice and counsel on compliance and best practices
- Conducting safety and health audits
Immigration
Ogletree Deakins’ immigration attorneys represent aviation industry clients with issues such as H1B applications, renewals, and I-9 compliance. Much of our immigration work is handled on a flat fee basis, providing clients with cost certainty and billing efficiency.
Representative Experience
- Numerous successful Section 6 collective bargaining and joint collective bargaining results through direct negotiations, NMB mediation, interest arbitrations, and §1113 concessionary bargaining for pilots, flight attendants, dispatchers, mechanics, customer service, and fleet and passenger service employees.
- Awarded arbitration victories in cases involving discipline and terminations due to policy violations, misconduct, poor judgment, and performance. These matters have involved complex accidents/incidents, training failures, drug and alcohol issues, sexual harassment, attendance issues, theft, pass travel, and management rights. In these matters, our attorneys may deal with expert witnesses and questions regarding arbitral jurisdiction.
- Obtained numerous contract arbitration victories including in matters involving fenced operations, merger provisions, management rights, compensation, premium pay, benefits, leaves of absence, the Uniformed Services Employment and Reemployment Rights Act, the Family and Medical Leave Act, the Human Intervention Motivation study, reserve utilization, scheduling, training, sick policies, expenses, per diem usage, hotels, crew lounges, open positions, line construction, preferential bidding, schedule awards, and more.
- Represented multiple service providers advising on and negotiating labor peace agreement issues involving unions, local governments, and airport authorities.