Allegiant pilots’ union questions judge’s order on strike

The union representing Allegiant Air’s pilots is seeking clarity on a U.S. District judge’s order, questioning whether it goes too far by restricting their First Amendment right to free speech.

The International Brotherhood of Teamsters Local 1224 filed a motion to clarify or modify an injunction order late Tuesday over U.S. District Judge Andrew Gordon’s order that effectively prohibits the Las Vegas-based airline’s pilots from walking off the job.

“The court’s injunction order appears to be so broad and certain of its terms are so vague that it could be interpreted to interfere with, if not outright prohibit, non-work stoppage conduct and communications, including conduct and communications that are clearly protected by the First Amendment,” the filing said.

“Construing the court’s injunction to proscribe otherwise lawful non-work stoppage conduct and expression would impermissibly infringe upon defendants’ First Amendment rights. Just as Congress has generally instructed federal courts to get out of the labor injunction business, the Supreme Court has admonished lower courts not to punish conduct and communications that are protected or arguably protected by the First Amendment.”

The union was reacting to Gordon’s 11-page order issued Friday that said the pilots “are hereby enjoined from in any manner or by any means directing, calling, causing, authorizing, inducing, instigating, conducting, continuing, encouraging or engaging in any strike, work stoppage, picketing, sickout, slow-down, work-to-rule campaign or other concerted action that is intended to interfere with Allegiant’s normal operations in violation of the Railway Labor Act.”

Allegiant First Officer Cameron Graff, a witness for the pilots in Allegiant’s bid to get an injunction to block a strike, is concerned that the order might restrict pilots’ freedom of speech.

“As professional airline pilots we have a responsibility to speak out about the problems we’re experiencing at the country’s most profitable airline to protect our families, profession, customers and company,” Graff said in a statement issued Wednesday. “There is real concern that the judge’s decision compromises the ability of all Americans to stand up when something is wrong and that’s why we are calling on the judge to clarify his ruling and safeguard our First Amendment rights.”

After the order was issued last week, the union said it would seek an expedited appeal.

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