TOKYO DISTRICT COURT DELIVERED COURT RULING
On November 25, 1999, Tokyo District Court delivered the court ruling for the case in which we had been fighting to regain the work agreement unilaterally abrogated by the management of Japan Airlines in 1993.
Although the company has expressed its intention to appeal to higher court, we consider the court ruling to be very close to "PERFECT VICTORY" for all our purposes. .
The presiding judge mentioned in his documented "reasons of the ruling" that the verification of safety Japan Airlines conducted before establishing the new work rules had been utterly inadequate.
The judge has determined specific changes that are irrational and unsafe, and the judge has affirmed that there is no obligation on the part of the plaintiffs to perform flight duties pursuant to such changes.
SUMMARY OF COURT RULING BY TOKYO DISTRICT COURT November 25, 1999
Plaintiffs: Members of Japan Airlines Flight Crew Union
Defendant: Japan Airlines
(1) MINIMUM CREW ONE LANDING TWO-CREW AIRCRAFT
Tokyo District Court affirms that :
-There is no obligation on the part of the plaintiffs to perform flight duties where scheduled flight time exceeds 9 hours or scheduled duty time exceeds 13 hours within any consecutive 24 hours on two-pilot-configuration aircraft with one scheduled landing without augmented crew.
(Note: Flight time is from "blocks-out" till "blocks-in". Duty time is from show-up until the completion of post flight duty.)
(2) MINIMUM CREW TWO LANDINGS
Tokyo District Court affirms that:
-There is no obligation on the part of the plaintiffs to perform flight duties where scheduled flight time exceeds 8 hours 30 minutes or scheduled duty time exceeds 13 hours within any consecutive 24 hours with two scheduled landings without augmented crew.
(3) REGARDING COMPANY'S POLICY OF "PRINCIPLE OF COMPLETION OF FLIGHT DUTY"
Tokyo District Court affirms that:
-There is no obligation on the part of the plaintiffs to complete their flight duty (i.e. to arrive at all scheduled destinations) in such circumstances where flight time limitation or duty time limitation set forth for specific number of landings has already been exceeded, or where such flight time limitation or duty time limitation will be exceeded if the flight crews continue their flight duty unless the pilot-in-command judges, on the basis of consultation with other flight crew members, that safety of flight is not compromised in any way.
(Note: This part is about unscheduled occasions of prolonged flight/duty hours due to weather diversion or departure/arrival delay due to mechanical troubles etc. "To complete flight duty" means "to arrive at all scheduled destination(s) on that scheduled flight assignment.)
(4) DOMESTIC FLIGHTS
Tokyo District Court affirms that:
-Flight assignment for domestic flights shall not exceed 3 consecutive days.
(5) STAND-BY DUTY FOR INTERNATIONAL FLIGHT
Tokyo District Court affirms that:
-With respect to stand-by duty for international flights, there is no obligation on the part of the plaintiffs to perform flight assignment unless such flight assignment is for either of the two flights specified in advance or a flight that is scheduled to depart between the departure times of the aforementioned two specified flights.
END of the summary Translation and notes by Japan Airlines Flight Crew
Union
The court ruling is a major milestone in the history of the flight crews of Japan airlines, and it has a great significance for the entire labor community of Japan.
We have again learned that we have great power and very strong solidarity, and it has an immense significance.
We at Japan Airlines Flight Crew Union would like to express our deepest gratitude to all the people who have extended generous support to us. All the help you have given us has lead us to the triumph.
For more detailed information our flight time/duty time limitations,
see our document(1994) in "Extremely long range flight" Section:
http://www.jalcrew.jp/jfu/katsudo/long/samurai.htm