Judge sets April 10 hearing in Allegiant-pilots dispute

After a strike against Allegiant Air by its pilots union was averted, a U.S. District judge on Thursday set an April 10 court hearing to decide whether an injunction would be issued in the dispute.

U.S. District Judge Gloria Navarro, who issued a temporary restraining order blocking the strike on Wednesday, set the court date. The hearing will be before U.S. District Judge Andrew Gordon.

The union has been ordered to submit written arguments by Monday with Allegiant’s response due Wednesday.

Allegiant officials said Thursday that operations ran smoothly systemwide and there were no incidents involving the Airline Professionals Association Teamsters Local 1224. A day earlier, the union had threatened to strike and ground 250 Allegiant flights.

In the meantime, Allegiant has offered unrestricted full refunds through Tuesday to passengers fearful that a strike could ruin their travel plans. The offer extends to Allegiant’s hotel, car rental bookings and flights.

The abrupt announcement of the strike surprised Allegiant managers, and they were quick to label it as an illegal maneuver.

The two sides have been in mediated talks through the National Mediation Board since April 2014. There have been six sessions, the last one occurring in November. Union officials canceled scheduled meetings in February and March and Allegiant management said they planned to gather with the mediator in Washington this month.

Although Allegiant pilots voted overwhelmingly to authorize a strike, the Railway Labor Act, which provides a process for all transportation labor negotiations, says the labor side can’t strike until both sides are released from mediation.

The Teamsters asked the National Mediation Board to proffer arbitration to the two sides in January, but the mediator refused to release them.

If released, the clock would start on a 30-day “cooling-off period” and the airline could brace for a work stoppage.

Both sides have been slogging through negotiations for what would be Allegiant’s first union contract. Allegiant CEO Maurice Gallagher has frequently said he opposes engaging in talks with “third parties.” And, in most of the union’s public talking points, they point to Gallagher as parent Allegiant Travel Co.’s largest shareholder and a CEO more interested in generating cash than reinvesting in newer aircraft and paying employees better wages.

It was clear in Chief Operating Officer Steve Harfst’s Wednesday afternoon news conference that the company believes union leaders, not the pilots themselves, are generating the most inflammatory statements.

“The real issue here,” Harfst said, “has less to do with our pilots in coming to an agreement with the company as it does with the national Teamsters and their agenda and it really has little to do with our pilots.”

Citing confidentiality in negotiations, Harfst said nothing about the talks’ status. But it’s clear the two sides are far apart, even failing to agree on some of the basic issues under discussion.

For example, union officials say one of their big concerns is a scheduling system that keeps pilots away from their families for weeks at a time. But Harfst said Wednesday that Allegiant is the only airline in the country that runs a strictly out-and-back schedule that assures that pilots who leave their base on a trip will return to the base the same day unless there are unforeseen weather or mechanical issues.

Union officials are hoping to air some of their concerns in next week’s court hearing.

Whether that will help — or hurt — negotiations will depend on court testimony and the judge’s ruling.

Contact reporter Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Find him on Twitter: @RickVelotta