On November 25, '99, after 5 years and 7 months of trial, the Tokyo District Court delivered judgment in favor of the Flight Crew Union as follows.

There is no obligation on the part of the flight crews to perform the following flight duties.

1. One landing minimum crew operation of two-crew cockpit aircraft with more than 9 hours of flight time or more than 13 hours of duty time. (The company Work Rules imposes up to 11 hours of "flight duty" and 15 hours of "duty time".) ("Flight time" is from block-out to block-in. "Duty time" is from company show-up to completion of post flight duty.)
2. Two landing minimum crew operation with more than 8 hours and 30 minutes of flight time or more than 13 hours of duty time. (The company Work Rules imposes up to 9 hours and 30 minutes of "flight time" and 14 hours of "duty time".)
3. Flight duty on the basis of the "Principle of Completion of Flight Duty" (The company Work Rules have no limitation in "actual" flight time.).
4. Domestic flight duty of more than 3 consecutive days (The Company Work Rule imposes 5 days.)
5. Standby duty without specification of flights that may be assigned.

The Court has judged that the JAL's provisions related to above are not reasonable from scientific, technical and professional points of view, that they are not established with due consideration to ensure safety of flight, and that the Court does not affirm the rationality of company provisions.

Tokyo District Court also stated as follows:

-Flight time/duty time limitation or the change of the same is a matter of flight safety.

-No matter how necessary it may be for an airline, any working standard which may compromise safety of flight can not be permitted.

-Air carrier assumes all responsibilities for safety.

-Such fact that an air carrier's working standard is within the scope of government regulation (Operations Manual approved by the Minister of Transport) does not mean that safety of flight is ensured.

-Crew schedules must incorporate safety margin in terms of fatigue.

-Without relief crew, from scientific point of view, it is desirable that the scheduled “flight time” should not exceed 9 hours to ensure dependable safety margin (degree of allowance for safety), or 10 hours for modest safety margin. (In the light of studies by NASA and DLR German Institute of Aerospace Medicine)

-Air carriers have to perform crew scheduling giving consideration to separate and specific circumstances of different flight (route of flight, time of day, time zone changes etc.) so as to ensure that safety of flight is not compromised by accumulation of flight crew fatigue.

-The recommendation by JAPA (Japan Aircraft Pilots Association) which provided the basis for the change of the Operation Manuals and the Work Rules is questionable in its rationality.

-Apart from the regulation of Civil Aeronautics Law, an air carrier assumes responsibility to ensure the safety of passengers on the basis of transportation contract, and the safety of flight crew and cabin crews on the basis of employment contract.

-Such fact that there has not been an accident does not constitute evidence of safety.

-The opinions of flight crews have great significance because such opinions are based on actual experiences.

-Safety feedback system at Japan Airlines is not functioning effectively.

-Action has to be taken to ensure minimum rest period.

-Flight crews who were employed after the implementation of the work rules have legal right to ask for the improvement on the provisions of the Work Rules that are deemed unreasonable by the Court.

-And much more

JAPAN AIRLINES FLIGHT CREW UNION

3-3-2 HANEDA AIRPORT, OTA-KU, TOKYO, JAPAN

PHONE: +81-3-5756-9251 FAX +81-3-5757-0279

E-MAIL: jfu@cyborg.ne.jp

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