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THE LABOR polemic

Press of May 25, 2003 on page 7-A SPECTATOR, where the Airmen COLOMBIAN ASSOCIATION OF PUBLICLY REPORTING PROBLEMS EXIST IN THE COMPANY.

The March 23, 2004 the journalist Liliana Restrepo of the Colombian newspaper published the following note on page 2B, where a summary of the problems in the company, which generated when it was introduced on 1 demands with a view to agreeing a collective agreement ...

INTERNATIONAL LABOUR ORGANIZATION "ILO" CASE 2362

The report

337, JUNE 2005, the ILO says

769. As regards the allegations concerning the refusal of SA AEROREPUBLICA to bargain collectively and the dismissal of union leaders and penalties for exercising their rights, the Committee regrets that the Government has not sent its comments and asked to perform an impartial investigation and to send its observations without delay.

Committee's recommendations

i) as regards the allegations concerning the refusal of AEROREPUBLICA SA to bargain collectively and the dismissal of union leaders and penalties for exercising their rights, the Committee requests the Government to conduct an impartial investigation and submit its observations without delay. 337 REPORT

http://white.oit.org.pe/sindi/casos/col/col200507.html

The report

NOVEMBER 2006 343 ILO says

Company

AEROREPUBLICA SA 555. With respect to subparagraph i) of the recommendations relating to the allegations concerning the refusal of SA AEROREPUBLICA to bargain collectively and the dismissal and sanctions against trade union leaders for exercising their rights, the Committee notes that, according to the Government, the company says it has met the requirements for carrying out the various negotiations, and that the final negotiations culminated with the award of the arbitration tribunal convened by the parties with the Ministry of Social Protection, dated February 9, 2005, ratified by the Labor Cassation of the Supreme Court of Justice.

556. Regarding the dismissal and punishment of union leaders for exercising their rights, the Committee notes that, according to the Government, the company says it has complied with the rulings handed down by the various judicial and administrative. The Committee notes that in the case of Captain David Restrepo Montoya, whose employment ended unilaterally by AEROREPUBLICA SA, the Department of Antioquia Territorial ordered that the appeal brought by the worker by order of April 28, 2004, considering that the company acted in accordance with labor laws. As for masters and Andrés Patiño Jaime Luna, the company states that their employment contracts terminated unilaterally by AEROREPUBLICA SA, which is why they canceled the amount of compensation as provided by law. In regard to Captain Roberto Bautista Ballen, the Committee notes that: 1) the company began working process of lifting immunity of the master to terminate the employment contract with just cause because it refused to renew its license to co Colombia's Civil Aviation, 2) since that date, the company has not been able to use their services, and 3) that the court authorized the removal but the union filed an appeal against that decision. The Committee also notes that, according to the Government, the Territorial Directorate of Ontario, Ministry of Social Protection completed the administrative investigation against the company labor union persecution AEROREPUBLICA SA, uttering Resolution No.. 3923 to October 11, 2004, through which penalizes the company and against that decision, the company filed appeals and appeals that are pending. The Committee requests the Government to report any judicial challenge to the dismissals and to keep informed of the pending legal proceedings.

Committee Recommendations Company

AEROREPUBLICA SA

h) As regards the allegations concerning the refusal of SA AEROREPUBLICA to bargain collectively and the dismissal and sanctions for exercising their trade union leaders rights, the Committee requests the Government to report on any judicial challenge to the dismissals and to keep informed of the pending legal proceedings.

REPORT 343.

http://www.ilo.org/public/spanish/standards/relm/gb/docs/gb297/pdf/gb-10.pdf

The report

350 JUNE 2008 ILO says

B. New allegations.

359. In regard to AEROREPUBLICA SA regarding the allegations concerning the refusal by the company to bargain collectively and the dismissal of union leaders and penalties for exercising their rights, ACDAC notes that the company's refusal to negotiate is shown in the issuance of four awards and the dismissal of the various negotiators, Juan Manuel Vega Leon, Hector Vargas and Robert Ballen. In connection with Mr. Vega León notes that the same was dismissed for a second time, despite trade union enjoy the November 13, 2004. On August 4, 2006 the Circuit Court Ninth Labour ordered the reinstatement with payment of wages but on 30 November, the District Court reversed the ruling, by which was established in February 2007 a writ of protection was denied. An appeal against this decision is pending before the Criminal Chamber of the Supreme Court Justice. As for Mr. Vargas, the lawsuit is pending before the Circuit Court Ninth Labour. ACDAC adds that it dismissed Mr. Gonzalez Arboleda Bonett in full collective bargaining. Answers

Government Response on AEROREPUBLICA

SA 395. As regards the alleged refusal to bargain collectively AEROREPUBLICA SA, the Government refers to the statement by the president of the company according to which SA AEROREPUBLICA has never refused to negotiate lists of demands that have occurred since ACDAC 1998. In this regard, so far, the union has not initiated any complaint with the Ministry of Social Protection in which AEROREPUBLICA raise SA's refusal to negotiate the contract documents submitted petitions. President notes that if the various negotiations failed to reach an agreement on the direct settlement stage was due to the inflexible position of the union. Said that the Ministry of Social Protection arbitration tribunals convened two mandatory as the carriage of passengers an essential public service, shouting at all times, the corresponding award, several of which have been studied by the Supreme Court Justice, Labor Division, the highest judicial body fine-tuned the law.

396. In connection with Mr. Alfonso Pinzón Velásquez, the company states that it began in 2000 a process of trade union, seeking to be reinstated to the position of B727 aircraft pilot, although the company did not operate these aircraft. Finally, the parties signed a settlement agreement to end the process early by a settlement agreement with the competent authority.

397. In connection with Mr. Hector Vargas, the company states that ended his employment contract alleging just cause and that Captain Vargas refused to comply with its obligation to work to present to the training center and training the company, which is a prerequisite for referral to the flight simulator test in the United States so he could upgrade his pilot's license in MD equipment and consequently provide programming that is put to flight. This process is ongoing.

398. As Mr. Eduardo Andres Beltran Jairo Ernesto Luna Patiño, the company states that were required to submit work and approve the half-yearly training flight simulator that takes place in the United States under the supervision of instructors duly accredited to the Colombian Civil Aeronautics, the sine qua non for maintaining their respective authorized pilot's license. These compulsory licenses must be renewed every six months and the company has agreed with the union that if a flight simulator fails the first time get a second chance, if it is not approved, the crew member is available to the company.

As mentioned captains did not approve the two simulators, the company being unable to have their services as pilots for which they were hired, they saw the need to dispense with his services but paying compensation under the arbitration awards which provides an amount greater than the legal.

399. As Mr. Juan Manuel Vega Leon, began a process of immunity AEROREPUBLICA association against SA in which the company was acquitted by decision of 30 November 2006 the Superior Tribunal of Bogota - Labor Board which overturned the lower court ruling handed down by the Labour Ninth Circuit Court of Bogotá and instead acquitted AEROREPUBLICA SA to the request for reinstatement.

400. In regard to Mr. Carlos Andrés Gómez Herrera, the company states that his employment contract was terminated by AEROREPUBLICA SA without just cause and the end of it, Captain Gomez received the amount of compensation that award was for him. The Civil Eighth Circuit Court of Bogotá, he met the tutela on appeal, upheld the acquittal for the company handed down by the Municipal Civil Judge Thirteen Bogotá.

401. As Mr. Gonzalo Andrés Arboleda, his employment contract terminated by mutual agreement, through conciliation meeting with SA

AEROREPUBLICA 402. In relation to the disciplinary sanctions to Mr. Hernán Alvarez, Roberto Ballén Bautista, Felipe Wilches Palomares and July, the company states that arbitration awards devoted a special procedure AEROREPUBLICA SA must follow prior to the imposition of any disciplinary measure. The aforementioned persons committed a very serious act of indiscipline when their uniforms of masters and before starting the scheduled flight, in the city of Medellin in December 2002, addressed to passengers by providing them some flyers controversial aerial security company to which the company implemented the corrective disciplinary action.

403. The company states that Capt. Robert Ballen Baptist is the only crew member AEROREPUBLICA SA which belongs to the board ACDAC, ie is the only trade union that exists in AEROREPUBLICA SA Company notes that within the legal process of empowerment of license commercial co-pilot Captain Aviation Ballén required Civil commercial aircraft to fly the company what tests scheduled for biannual flight simulator in June 2004, but claiming a medical disability, did not attend, which is why the company summoned him again to July 2004 but this time the master ball by unilateral decision was submitted to the simulator test despite having received the corresponding per diems. For this reason the company followed the procedure in arbitration awards and established a process of trade union uprising against the crew member who handles the Labor Sixth Circuit Court of Medellín and is in preliminary stage. By resolution No.. 003 923 of 11 October 2004 SA AEROREPUBLICA sanctioned for violations of the arbitration award, a decision that was partially reversed with resolution no. 002 965 of 17 October 2006. The Government notes that judicial decisions were handed down eventually, most of which were for the gentlemen drivers, as in the case of Captain Robert Ballen. Regarding the pending court decision, the Government states that abide by the rulings handed down by the courts. Detailed information is sent about ongoing trials.

404. In what has to do with the representation made by Captain David Restrepo Montoya to the Labour Inspectorate of the city of Medellin, said officials ordered the closure of the proceedings because it is a claim on an individual basis. Later, Captain David Restrepo Montoya established regular work process.

405. Regarding the process of Julius Caesar Wilches Barrero, the company states that on February 6, 2007, the Labor Eleventh Circuit Court of Bogota, reconciled with the company each and every one of the claims of the demand for $ 57 million pesos.

Committee's conclusions

AEROREPUBLICA

SA 429. Regarding the literal h) of the recommendations on the company's refusal to bargain collectively and sanctions against union leaders for exercising their rights, the Committee notes that the ACDAC notes that the lack of will to negotiate is shown in the fact that have been issued four awards and has been fired to different negotiators, Mr. Vega Leon, Hector Vargas and Roberto Ballen. The Committee notes that the Government refers to the answer given by the president of the company under which it has never refused to negotiate lists of demands, as demonstrated in the absence of any administrative complaint with the Ministry of slope protection in this regard and if there was no agreement was due to the inflexible position of the union during the direct settlement stage. In this regard, the Committee recalls that, while conciliatory or intransigent attitude adopted by a party against the claims of the other is a matter for negotiation between the parties, both employers and trade unions should negotiate in good faith efforts to reach an agreement [see Digest, op. cit., paragraph 938]. In these circumstances, the Committee requests the Government to take all measures within its power to bring the parties to enable them to reach a negotiated settlement of their dispute. The Committee requests the Government to keep informed.

430. As for the sanctions against trade union leaders (the Committee recalls the allegations that several union leaders were subject to dismissal captains Fernández Héctor Vargas, David Restrepo Montoya, Jaime Patino, Andrew Moon and Carlos Andrés Gómez and sanctions against the captains July Wilches Hernan Alvarez, Roberto Felipe Ballen Palomares and to make use of freedom of expression or claim the exercise of their rights) and the latest allegation concerning the dismissal of Mr. Vega Leon, Vargas Ballen, the Committee notes that according to Company:

- in the case of Mr. Hector Vargas, the proceedings are pending;

- in the case of Mr. Moon and Patiño, they did not meet the required training to renew their drivers license so the company should dispense with his services;

- as Mr. Vega Leon was fired and started a process of trade union immunity was denied by the Superior Court of Bogota on November 30, 2006;

- in regard to Mr. Carlos Andrés Gómez, was fired and compensated in accordance with the law. Guardianship filed was denied on appeal,

- in the case of Mr. Restrepo Montoya, he introduced ordinary share is pending.

431. With respect to disciplinary sanctions to Mr. Alvarez, Ballen Ballen Wilches Palomares and the company took disciplinary measures enshrined in awards due to the aforementioned persons committed a very serious offense against the controversial measures passengers enterprise security. Of these, the only union leader was ACDAC Mr. Ballen, who did not attend the sessions of simulator training flight in June and July 2004, reason began a process of lifting the trade union that was denied. The company states that by resolution no. 003 923 of 11 October 2004 the company was sanctioned by breach of the award, a decision that was partially lifted on October 17, 2006. Finally, Mr. Wilches reconciled with the company. The Committee requests the Government to keep it informed of the pending proceedings relating to Mr Montoya Restrepo and Vargas.

Committee Recommendations

h) with respect to sanctions against trade union leaders AEROREPUBLICA SA, the Committee requests the Government to keep it informed of the pending proceedings relating to Mr Montoya Restrepo and Vargas,

i) with respect to the allegations of ACDAC on the company's refusal to bargain collectively AEROREPUBLICA SA and the company's response whereby the lack of agreement is due to the inflexible position of the union, the Committee requests the Government to take all measures within its power to bring the parties to enable them to reach a negotiated settlement of their conflict and keep it informed in this regard

REPORT 350.

http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_094218.pdf

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EMPLOYMENT AS AIR PASSENGER SAFETY

As you all know the aviation industry is a high cost, however some companies have been changing their policies to stay in an increasingly competitive market and more demanding.

AEROREPUBLICA In the case of SA for several years imposed the pilot wanted to work it had to pay for your training. The employee paid for his training to become a qualified COPILOTO ie the driver, and formed with technical license granted by the Special Administrative Unit CIVIL AVIATION had to obtain on its own enabling teams to fly DC-9 or MD-80 .

training

Payment is against the financial and aviation regulations, companies must have enough money to cover these expenses. Because this leaves a question: If There are no resources to pay for training, then they respond to the other obligations?.

The selection process is summarized as follows:

1. The pilot sent his CV to the training school of the company that was located in Normandy in the city of Bogotá.

2. After meeting the requirements called for a psychological evaluation by Dr. Janeth Cadena who charged each applicant approximately $ 40,000 for a test called the 16 PF and the process is carried out in cities across the country, riding a great personal business .

3. Psychology subsequently gave the staff feedback is supposedly a group. is everybody knew that the worldwide counter to the Ethics and Professional RESERVE.

4. If approved with the profile that the company required, the pilot was convened to provide a review of basic knowledge.

5. If satisfied with the score, the pilot was called to present a navigation test in 2 hours of simulator which was to pay the pilot and had an approximate cost of $ 60,000.

6. If the pilot was in flight parameters, continued with the phase of interviews with company executives (Chief Operating Officer, President, etc.).

Once the selection process of the pilot was called to sign a contract "Aspiring COPILOT" in which a fixed salary (the legal minimum wage) and additionally imposed the payment of training abroad to obtain authorization before the aeronautical authority of Colombia.

After passing the above pilot ground school began that lasted about 3 months, where the pilot were trained in basic aviation materials and systems in the plane which was flying.

In the wake of the attacks of September 11, 2001, the training centers of the United States took extreme measures to use flight simulators. Therefore

pilot purporting obtain a type rating should be endorsed by a recognized commercial enterprise and obtain permits from the Federal Bureau of Investigation as well as TSA (Transportation Security Administration).

Many of the pilots who currently fly and were dismissed for AERO REPUBLICA had to bear the costs of habilitation which was around about 7,000 U.S.. Today, the company changed the policy and pays REPUBLIC AERO now training future pilots.

But many drivers had to bank loans, sell, mortgage, etc. wonder that the company will do to address this debt. Well this shows that collecting training was against the provisions of the Labor Code of the Republic of Colombia and of arbitral awards between the Colombian Association of Civil Aviators "ACDAC" and AEROREPUBLICA.

Demanding payment for training to PASSENGER.

JOB Contract.

Payment

COPILOTO Training Academy in PAN-AM in Miami.

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ACCIDENT VP-BGI.

The January 8, 2005 the McDonnell Douglas MD-83 (VP-BGI), commanded by Capt. Leonardo Ortiz Llanos and Jorge Luis Hernandez Official first performed the flight Fajardo Cartagena - Cali got out of the landing runway at the airport in Palmira Alfonso Bonilla Aragon, serious Damage from the aircraft and minor injuries to some passengers.

According to the official report of the Secretariat SECURITY AND CONTROL UNIT SPECIAL ADMINISTRATIVE CIVIL AVIATION concludes that:

"The accident was caused by a chain of errors and faults whose home was to accept and carry out a quick decline that led to omitting essential points in the list check as the arming of the spoilers, rats excessive descent rate and speed and faulty settings that led to placing the aircraft on the runway during abnormal and 862 meters from the normal sit-wheels.

This led to foster the conditions in the right main landing gear that led to a vibration that could not be controlled by the dimmer designed to neutralize (SHIMMY DAMPER), allowing higher loads to the strength of the scissors, which broke, giving the sequence of further damage. "

HUMAN FACTORS SUMMARY ERRORS.

The occasion rushed down the pilots made the appropriate calculations omitted so as to make a briefing to the new situation. As was the sum of the errors that led them to make an approximation not stable too high on speed, improper configuration, omitting the "CALL OUTS" set.

There is a stubbornness on the part of the commander of land, despite warnings from the copilot and most likely at its discretion and in the end is aware that they are very fast, yet persists in his goal to land as a desicion insurmountable.

It should be noted that it was the last and only landing place in that day after having delegated the other four co-pilot.

passenger's attitude was to execute a hasty lists without waiting for confirmation by the commander and most likely MISS arm the spoilers, on occasions warned of the abnormal conditions of the approach but be firm in their claims and demands .

When analyzing who did not intervene forcefully to see the impending crash, it was found that the company had flown earlier in fact one occasion intervened to take control of the commander for what he considered an extreme situation that he had been an accident.

The subsequent CONSEQUENCES were very negative to your work so you could have this event and trigger psychological predisposition to take similar decisions as presented in the accident.

It should be noted the lack of or inadequate implementation of the Resource Management CRM as when they were under pressure not properly used the coordination, leadership, teamwork, communication and decision making. Their situational awareness was poor and he lacked assertiveness copilot.

All this took place a plane on the runway in a condition abnormal which was the origin of the faults that led to the accident.

FACTOR pilot in command.

To take decisions and inadequate flight planning by not using good sense and abort the landing to make a new approach with all the security.

not followed proper procedures to bypass the arming of the spoilers, the plane set improperly and allow rats and excessive speed, and fall over. Likewise omitted checklist items evacuation.

PASSENGER.

For lack of compliance with company procedures by failing to make the "CALL OUTS" set, requiring no response in check and not have been more assertive on the suggestions to the commander .

http://portal.aerocivil.gov.co/portal/page/portal/Aerocivil_Portal_Internet_Contenidos/home_seguridad_aerea/c_investigacion_accidentes/c_accidentes/c_accidentes_2005_contenedora/c_accidentes_2005_tabla/VP-BGI.pdf

ACCIDENT HK-4455.

The July 17, 2007 the EMB190 (HK-4455), commanded by Capt. Angel Torres and Antonio Caban First Officer Carlos Enrique Restrepo Yepes performed the flight Cali - Santa Marta got out of the landing runway at the airport Simón Bolivar ending part of the fuselage in the sea. The aircraft suffered serious structural damage ocacionados minor injuries to some passengers.

According to the report of the Secretariat SECURITY AND CONTROL UNIT SPECIAL ADMINISTRATIVE CIVIL AVIATION Probable Cause says

"Continuation of the approach and landing without being in a final stabilized with an excess of speed that took the aircraft to cross the runway threshold with 41 additional nodes and a low angle of approach, which made the aircraft wheels sit in a positive way when there were only 490 meters away insufficient runway available to stop the aircraft within the runway.

Lack of situational awareness in concerning the approach and landing speed after turning off the automated systems of the aircraft.

Omission CALL OUTS the part of the pilot monitoring to warn the pilot to control speeding in order to persuade him to make a missed approach.

The delay in initiating the missed approach procedure / landing interrupted in circumstances that indicated the desirability of such a measure as the approximation destabilized.

misperception to believe to stop the aircraft within the limited remaining available runway without analyzing the status of this and distance without having positive contact motivated by excessive speed. "

HUMAN FACTORS.

According to hours flown in the past 90.30 and 3 days, rest periods, holidays and service times is not apparent fatigue in the crew for the flight safely.

According to the recommendations of the company is recommended to use the autopilot for non-precision approaches, where the non-use should be discussed at length the procedure between the two pilots. The pilot in command decided to fly the plane manually, without complying with the recommendations of the company in this case aggravated by the condition of the track in terms of length and wet state where braking conditions are lower with respect to dry track. This attitude differs in the use of FLAPS and selection of AUTO BRAKE.

http://portal.aerocivil.gov.co/portal/page/portal/Aerocivil_Portal_Internet_Contenidos/home_seguridad_aerea/c_investigacion_accidentes/c_accidentes/c_accidentes_2007_contenedora/c_accidentes_2007_tabla/HK% 204455.pdf

Basic Heavy Hor Dourves

Aerorepública was incorporated under Public Deed No 3019, the Notary 44 of Santa Fe de Bogota on November 23, 1992 registered on January 6, 1993 under number 391 563 of Book IX, the trading company was formed called: REPUBLIC AIRWAYS SA which was assigned to the NIT No. 800185781-1.

Then under deed of Notary No 491 44 Santa Fe de Bogota's March 1, 1993, registered on March 5, 1993 under No 398 158 of Book IX, the company changed its name REPUBLIC AIRWAYS SA by the SA

AEROREPUBLICA

In June 1993 the operation starts with 3 Boeing 727-100 (HK3840X, HK3841X and HK3870X).

The company was founded by Dr. Alfonso Avila Velandia and Mr. Amos Guinor an aeronautical engineer, where companies such as venture entered Aeron Aviation, Superior Bank, Avesco Group, Musa, Manufacturing siliceous Laminac, Diners and some Group pilots.

He initially authorized routes were from the city of Bogotá as the primary basis for the Caribbean.

Years later the company began operation with the McDonnell Douglas DC-9 when a large percentage was acquired by the Investor Group IAF England, represented by Mr. David Laurence Massie.

This group specializes in acquiring older aircraft and engines , especially Boeing and McDonnell Douglas, and turbines of the Pratt and Whitney by the subsidiary WREN "Wren Equipment Finance Limited, to be leased leasing companies in commercial passenger distant in South America as it was AEROREPUBLICA SA

Page

taken www.iafgroup.com 2003-2004.

In 2002 the company began to modernize the fleet with the McDonnell Douglas MD-80, 3rd-generation aircraft. Initially came the MD-81 aircraft with similar instruments and in 2003 comes the first MD-83 EFIS instruments (Digital).

Some clips of advertising presented during the transition of the company. Year 2003 - 2004 "LIVE THE CHANGE ....".

AEROREPUBLICA In 2005 COPA SA is sold to a Panamanian company owned HOLDINGS COPA AIRLINES, for which it is named president Dr. Roberto Junguito Pombo. Thus AEROREPUBLICA SA initiate policy changes and adopts the model of Copa Airlines and changed its name to Aero Republica SA At the end of 2006, Aero Republica receives from the manufacturer Embraer EMB190 the first to start the process of modernization of the fleet.

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few months ago VILMA, the kitten my friend Yago, meow left us and now the roofs of Heaven of the Cats. Yago was very sad, but has decided to share his life with a new feline friend.
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