JAL forces pilots to retire by sending them blank schedules

Japan Press Weekly

Japan Press Service Co., Ltd. is the only news agency providing information of progressive, democratic movements in Japan

JAL forces pilots to retire by sending them blank schedules

Japan Airlines (JAL) is now forcing its pilots and cabin attendants to take early retirement, threatening to dismiss them if the number of applicants for the company's voluntary retirement plan does not meet its target by October 22. The Japan Federation of Aviation Workers' Unions is fighting against the company's radical downsizing, insisting that in order to restructure its management, JAL needs to ensure employment of its crewmembers as an essential component for safety flight.

On September 25, more than 320 JAL pilots were shocked when receiving their schedules for October. They were all blank except for interview dates and fixed holidays.

Under corporate rehabilitation procedures, JAL announced that it will cut the number of its employees by 16,000 by the end of this fiscal year. It had nearly 400 pilots who accepted its early retirement plan by the end of August, 400 less than its initial target.

The company has set times for an individual interview with those who received the blank schedule, telling them, "We no longer have a place for you to take an active role. Please find such place outside our company." Forcing employees to agree with early retirement is an illegal labor practice.

According to the company's guidelines for restructuring, targets for dismissal include captains aged 55 and over, co-pilots aged 45 and over, and those who have had more than 41 days of sick leave or more than 61 days of missed flight duties due to health problems during the fiscal year.

Under the Aviation Law, pilots are prohibited from flying for safety reasons even when they have taken cold medicine.

Even though absent from flights or limiting flight times due to physical problems, pilots are teaching flight training or having other work tasks on the ground.

"Our workplace is like the one from late 1970s to the 1980s," said a captain in his 50s.

JAL has a bitter experience of having major accidents during that period, when workers felt intimidated by the atmosphere in their workplaces created as a result of the company's displacing of active union members. Since then, JAL workers have made efforts to maintain flight safety.

"Pilots are trying to ensure safe flights even amid their harsh working conditions," said Wanami Hiroyuki, vice secretary of the Japan Federation of Aviation Workers' Unions who himself is a captain of international flights to North America.

Being assigned to take three or four round trips of more than 12-hour flights one way, he flies as many as 80 hours a month.

"On a one-way flight, I have to work for 15 or 16 hours straight. When arriving at a hotel, I fling myself onto a bed and fall asleep right away," said Wanami.

Pilots are so careful about their physical conditions that they take an additional paid holiday if they feel their conditions have not been recovered from the last flight.

Workers suffer from no-say situation

Wanami in an aviation medical checkup pilots take every six-months on May 14 was diagnosed with an irregular pulse. He had an operation and left after four days in the hospital. The doctor said to him, "Pilots are under strict controls, aren't they, if you have to have an operation for a small disorder like this." Despite full recovery, he had to work on the ground, as the land and transport ministry regulations do not allow anyone to get a medical checkup until 6 months after an operation. Thus, he was included in candidates chosen for restructuring because of his absence from flight work. Pilots now find themselves unable to voluntarily report their poor health conditions, with the "no-say" rule prevailing in the workplace.

Is it necessary for JAL to reduce and dismiss its workforce in order to reconstruct the company? The following four conditions need to be satisfied before a company can lawfully reduce and dismiss its employees: (1) the necessity of cutback; (2) the company has done its duty to avoid the dismissal; (3) the naming of those to be fired should be rational; and (4) procedures should be appropriate.

JAL in its balance sheet plan for FY 2010 at first estimated 25.3 billion yen in operating profits. In the April-June quarter, the profit was 38.8 billion yen more than the plan had estimated, and in July alone 16 billion yen more . The efforts of the employees brought about the result. The surplus is more than sufficient to achieve a planned balance sheet and maintain jobs as well. In the draft reconstruction plan for FY 2012, an operating profit of 117.5 billion yen is earmarked.

Making of a captain takes 15 years

"Rehabilitation of JAL should, first of all, serve for safe aviation, and in particular ensure free movement for those living in distant localities. It is a waste for JAL to dismiss captains, who attain this high level of competence after 15 years with enormous costs as well as the co-pilots assisting them," said Wanami.

Behind the JAL business collapse is the Japanese government's aviation policy in subordination to the United States. JAL purchased more than 100 jumbo jets from the United States to satisfy U.S. demands. JAL also had to fly to and from 98 airports, including unprofitable routes, which the government engineered under the basic program for public investment at 630 trillion yen. Landing fees far higher than in other countries also weigh heavily on JAL operations.

Deregulation in the aviation industry has allowed new companies to enter in highly profitable air routes to compete with lower prices. This caused lower profits at JAL.

The JAL management is also to blame for its laxity in buying long-term dollar futures, investing in and running hotels and resort businesses, investing in fuel futures, and other speculative ventures.

Chikamura Kazuya, chair of the Japan Federation of Aviation Workers' Unions, said, "JAL should make clear the cause of the business failure and change its policy to one of defending the safety of public transport.

Beyond union boundaries

The JAL Flight Crew Union (affiliated with the Japan of Federation of Aviation Workers' Unions) has proposed work-sharing to avoid the planned dismissals. The company is rejecting the proposal.

The JAL Flight Crew Union and the JAL Cabin Crew Union are helping workers under suspension by giving advice to prepare for their interviews with the management. In a rally the JAL Flight Crew Union held on October 9, 250 aviation workers including pilots and cabin crew members affiliated with Rengo (the Japanese Trade Union Confederation) took part.

A co-pilot in his thirties responded to a questionnaire, saying, "I'm absolutely opposed to the company dismissing workers. What will happen if pilots ignore other pilots? Safety is possible only when workers are united. I won't throw away my pride of being a responsible crew member."

The Japanese Communist Party Dietmembers Group had talks with the JAL Flight Crew Union on October 6. On October 14 in the Diet, the group of JCP Dietmembers met with Mabuchi Sumio, Land and Transport Minister, to have JAL immediately stop coercing workers to voluntarily resign at the risk of safe aviation, and have JAL rehabilitated with top priority placed on safety and the public interest.

- Akahata, October 21, 2010