Court rules against pilots in age-bias case

DALLAS - A federal judge has dismissed a lawsuit brought by older pilots who sued their union over an interpretation of a law that raised the mandatory retirement age for airline pilots to 65.

The judge ruled that the pilots, who are over 60 and still work for Continental Airlines, have not been hurt by the union's interpretation, which would strip the older pilots of seniority.

Lawyers for the pilots and the union, the Air Line Pilots Association, were notified late Tuesday of the decision by U.S. District Judge James Robertson in Washington.

Kathy Bailey, attorney for the pilots, said she did not plan to appeal but would file a new lawsuit if any of the men lost their jobs or if the union wins a fight with Continental over interpretation of the law.

The 12 men — a 13th died in an accident involving an experimental plane — still work for Continental, mostly as instructors, but two handle regular passenger flights, Bailey said. They charged the union with age discrimination and failing to represent their interests as union members.

In 2007, Congress raised the mandatory retirement age to 65 from 60, a standard that had stood for a half-century.

Under a provision of the law, pilots who were already 60 when the new law took effect could continue to fly but would lose their seniority unless they were a "required flight deck member," a term that is in dispute.

The union doesn't believe the term covers instructors, but Houston-based Continental — "and apparently only Continental," the judge said — believes it does.

In September, the union filed a grievance against Continental over the issue. A decision is expected soon. If the union wins, Bailey's clients fear they would be fired.

Pilots unions long opposed raising the age-60 retirement rule. Younger pilots viewed a higher retirement age as an obstacle to their chances of moving up the ladder at their airlines. Seniority determines assignments and pay for airline pilots.

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