NLRB Administrative Law Judge Strikes Down ALPA'S Claim For ABX Air Business.WILMINGTON, Ohio -- ABX Air (OTCBB OTCBB See OTC Bulletin Board (OTCBB). :ABXA) announced today that an Administrative Law Judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies. for the National Labor Relations Board National Labor Relations Board (NLRB), independent agency of the U.S. government created under the National Labor Relations Act of 1935 (Wagner Act), and amended by the acts of 1947 (Taft-Hartley Labor Act) and 1959 (Landrum-Griffin Act), which affirmed labor's right (NLRB) has found that the Air Line Pilots Association (ALPA ALPA abbr. Air Line Pilots Association ) violated federal labor laws in seeking to require DHL DHL abbr. 1. Doctor of Hebrew Letters 2. Doctor of Hebrew Literature Holdings, Inc. to direct its newly acquired subsidiary, Airborne, Inc., to cease implementing its Aircraft, Crew, Maintenance and Insurance (ACMI) contract with ABX Air. On August 25, 2003, ABX Air intervened in a lawsuit filed in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. for the Southern District of New York by DHL Holdings and DHL Worldwide Express against ALPA, seeking a declaratory judgment that neither DHL entity is required to arbitrate a grievance filed by ALPA. The grievance sought to require DHL Holdings to direct its Airborne subsidiary to cease honoring its ACMI agreement with ABX Air on the grounds that DHL Worldwide Express is a legal successor to Astar Air Cargo ASTAR Air Cargo is an American cargo airline based in Miami, Florida, USA. It operates regularly secheduled cargo charter services to over 34 US airports and nine international airports, as well as worldwide charter freight services. , formerly DHL Airways. ALPA, the labor union representing Astar's pilots, filed a counterclaim requesting injunctive relief, which included transferring all of Airborne's freight being flown by ABX Air over to Astar. These proceedings were stayed last September, pending the NLRB's processing of several unfair labor practice Conduct prohibited by federal law regulating relations between employers, employees, and labor organizations. Before 1935 U.S. labor unions received little protection from the law. charges that ABX Air filed against ALPA on the grounds that the union's grievance and counterclaim to compel arbitration violated the National Labor Relations Act The National Labor Relations Act (or Wagner Act) is a 1935 United States federal law that protects the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted . The NLRB prosecuted ALPA on the unfair labor practice charges at a hearing held in March 2004. On July 2, 2004, Administrative Law Judge (ALJ) Joseph Gontram issued his decision finding that ALPA's grievance and counterclaim violated the secondary boycott provisions of the National Labor Relations Act. "While we have long believed that ALPA's claim to the work being performed by ABX Air for Airborne was without merit, we nevertheless felt compelled to vigorously represent the interests of the company on behalf of our shareholders, employees and the communities in which we operate," stated Joe Hete, President & CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of ABX Air. "We will continue in our efforts to be the preferred airlift provider for DHL's Airborne subsidiary." ALPA has the right to appeal the ALJ's decision to the full NLRB and thereafter in federal court. The appeal process could take several years to complete. ABX Air is a cargo airline with a fleet of 115 aircraft that operates out of Wilmington, Ohio, and 11 hubs throughout the United States. In addition to providing airlift capacity and sort facility staffing to DHL, ABX Air provides charter and maintenance services to a diverse group of customers. With approximately 7,000 employees, ABX is the largest employer in a several county area in southwestern Ohio. Except for historical information contained herein, the matters discussed in this release contain forward-looking statements that involve risks and uncertainties. ABX Air's actual results may differ materially from the results discussed in the forward-looking statements. There are a number of important factors that could cause our actual results to differ materially from those indicated by such forward-looking statements. These factors are contained from time to time in ABX Air's filings with the U.S. Securities and Exchange Commission, including our Annual Report on Form 10-K for the year ended 2003, and our Quarterly Report on Form 10-Q for the period ended March 31, 2004. Readers should carefully review this release and should not place undue reliance on our forward-looking statements. These forward-looking statements were based on information, plans and estimates at the date of this release. We undertake no obligation to update any forward-looking statements to reflect changes in underlying assumptions or factors, new information, future events or other changes. |
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