USCA istbesorgtüber den Druck den Fluglotsenauf den Balearen ausgesetztsind

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.- Gericht in Palma de Mallorca hat einen geschlossenen Fall gegen die Fluglotsen wieder aufgenommen und beginnt mitmündlichen Anhörungen.

.- Fluglotsen wurden bereits in der Vergangenheit vielfachzu der Schließung des Luftraums befragt.

.-USCA hatSorge, dass die neuerliche Anhörung psychischen Druck auf die Fluglotsen ausübt und die sichere Arbeit dadurch beeinträchtigt ist.

Die Gewerkschaft USCA (Union Sindical de Controladores Aereos) will ihre ernste Sorge darüber zum Ausdruckbirngen, dass mit den neuerlichen mündlichen Anhörungen vor Gericht zusätzlicher Druck auf die Fluglotsen ausgeübt wird.

Obwohl der Fall schon abgelegt war und auch an 20 anderen Gerichten des Landes geschlossen war, wurden, ohne neue Erkenntnisse, mündliche Anhörun gengestartet.

In der Klagschrift werden die Fluglotsen beschuldigt kriminelle Handlungen begangen zu haben auf welche mehrjährige Haftstrafen zu erwarten sind. Andere Gerichte haben diese Anschuldigungen schon lange fallen lassen. Das Provinzgericht Palma de Mallorca wurde als zuständig erklärt obwohl es das selbe Gericht ist bei dem noche in Einspruch anhängig ist.

Es ist daher die Entscheidung des Provinzgerichtes ob ein Verfahren abgehalten wird. Wenn es dazu kommt werden dort die Schuldigen für die Schließung des Luftraumes genannt werden. USCA ist davon überzeugt, dass das Gericht die Fluglotsen wie schon in 20 anderen Fällen freisprechen wird.

Durch diese Verfahren entsteht jedenfalls ein ungemeiner psychischer Druck auf die Fluglotsen. Ein Druck dem sie im Interesse ihrer Arbeit und der Sicherheit der Luftfahrt nicht ausgesetzt sein sollen.

USCA IS CONCERNED ABOUT THE PRESSURE BALEARES ATCOs ARE UNDER

.- Palma de Mallorca court, which had closed the cause against the air traffic controllers, now wants to open oral trials.

.- Controllers have already been exonerated in 20 of the 22 courtrooms that have dealt with the case of the closure of the airspace.

.-USCA considers that the pressure Baleares atcos are suffering affects their performance.

The Unión Sindical de ControladoresAéreos (USCA) wants to emphasize their concern about the pressure Baleares atcos are suffering outside work, after the opening of the oral trials recently ordered by the tribunal of Palma de Mallorca.

This tribunal had already dismissed the case against the controllers, just like 20 other tribunals across the country, but now, despite not being any new elements to justify this decision, has ordered to open oral trials, while there is still an appeal procedure opened in the Provincial Court.

In the prosecution report, controllers are accused of a pre-constitutional criminal offence that involves terms of imprisonment, a crime that has been dismissed by this same prosecution office in other courthouses.In the Court order, the Provincial Court of Palma de Mallorca is appointed as the competent authority to hold this trial, while it is this very same Court the one that has to resolve the appeal that it is still pending.

Therefore, it is up to the Provincial Court to decide whether a trial is to be held or not, and if it happens so, it will be there where the ones responsible for the closure of the airspace will be appointed. We believe this Court will exonerate air traffic controllers in Baleares, just as it has already done in 20 of the 22 cases taken to court.

USCA believes the pressure Baleares controllers are currently under is excessive and should not have to be endured at all, since it clearly interferes with their dailywork.

Summer thunderstorms have a strong impact on air traffic – New procedures help alleviate the problem

News

Compared to previous summers, the 2016 season has suffered an unprecedented amount of severe weather. Heavy thunderstorms have disrupted traffic flows and caused significant delays. Some cells have extended vertically to an altitude making it impossible to fly over them. To ensure the safety of passengers, departures have had to be postponed until the weather fronts have either dissipated or moved on. This means that passengers have had to wait on board for an hour or longer before finally taking off. The FABEC air navigation service providers have addressed this problem and worked out concrete solutions.

Ver noticia

ENAIRE withdraws the sanctions filed against 61 air traffic controllers in Barcelona due to tge closure of the airspace in 2010

.- Barcelona Labour Court has delivered 11 judgements repealing and annulling the disciplinary sanctions that the company filed against its controllers in March 2015, after the penal cause for the same events was closed.

.- Justice rejects the allegations by Enaire that the controllers abandoned their working positions on the 3rd December 2010.

.- USCA hopes that this change in the attitude of the provider, aligned with the resolutions of 20 court rooms that also closed the penal causes against controllers, is also reflected in the two cases that remain open in Madrid and Baleares.

 

Madrid, 13 th June 2016.

ENAIRE has withdrawn the sanctions filed against 61 Barcelona ACC (Gavá) air traffic controllers due to the closure of the airspace in 2010, after 11 Labour Court resolutions rejected the accusations made by the company.

After Criminal Court of Gavá closed the penal case, stating that the controllers hadn’t abandoned their working positions, Enaire filed these administrative sanctions against 61 workers for the very same events.

The company has sent these controllers a communiqué in which we read “seeing the court resolutions regarding other air traffic controllers that were sanctioned due to the same events” they have decided “to withdraw the sanction of one month without pay that had been imposed”.

The last court resolution, from the Labour Court nr. 16 of Barcelona, argues that “the formal requisites were not met, and the fault, abandonment of the service, was wrongly typified” so the sanction is annulled and the controller must have his salary back.

Regarding the time limit, it is explained how the events took place on the 3rd December 2010 and the sanction was notified in 2015. This exceeds the 60 days established in the Workers’ Statutes for very serious faults, and even the three years established by the Civil Servants’ Statutes, and reminds that “the Administration must take into account facts which are deemed as proven in any court case resolution”

The sentence also points out that, in ENAIRE’s letter, the fault is typified as “abandonment of the working position by contributing to the consolidation of the collective alteration of the control regime in Gavá Centre”, when the collective agreement understands “abandonment of the service, when the traffic is left to their fate…”

In this sense, it reminds that the facts derived from the closure of the airspace, as it was established in the 2014 court resolution, “are not imputable, either directly or indirectly, to the accused in the penal case, since these facts were a consequence of a unilateral decision taken by the only ones capable to do so, that is, AENA”

USCA wishes that Enaire’s decision to withdraw these sanctions reveals a change of attitude that is further reflected in the penal causes that remain open in Madrid and Baleares, which will hopefully be closed as it has already happened in 20 other courtrooms, where it was proven that air traffic controllers did not abandon their working positions on the 3rd December 2010.

Five years after the closure of the airspace, 20 out of 22 spanish courts that opened criminal cases, have now closed their proceedings

FIVE YEARS AFTER THE CLOSURE OF THE AIRSPACE, 20 OUT OF 22 SPANISH COURTS THAT OPENED CRIMINAL CASES AGAINST AIR TRAFFIC CONTROLLERS, HAVE NOW CLOSED THEIR PROCEEDINGS.

ONLY MADRID AND BALEARES REMAIN OPEN

.- The 20 courthouses that closed their proceedings considered that there was no evidence of offenses by the controllers, since they didn’t abandon their working positions on the 3rd December 2010.

.- Madrid air traffic controllers are waiting for a court ruling with regards to the legal remedy they presented on the Madrid Provincial Court against their indictment in a cause that has been in the hands of ten different judges.

.- In Palma de Mallorca, the Provincial Court ordered the judge to reopen the case focusing on new diligences.

 

Madrid, 3rd December 2015

Five years after the closure of the airspace, 20 out of the 22 courthouses that opened criminal cases against air traffic controllers after the air traffic chaos in 2010, have closed their proceedings considering that there was no such abandonment of the working position, nor any “joint nor concerted action of the collective as a whole”. Only Madrid and Baleares are still waiting for a resolution of the conflict.

The court resolutions issued so far during these five years dismiss any responsibility by the air traffic controllers in the adjudicated facts and, as is the case in Santiago de Compostela, they sentence that the airspace was not closed due to a lack of air traffic controllers, but to a decision taken by AENA, who imposed the Zero Rate.

In Palma de Mallorca, the Court of Instruction nr1 dismissed the proceedings in February 2014. However, the Provincial Court reopened the case focusing on medical aspects.

In Madrid, the Provincial Court has to decide on the appeals presented regarding the judge resolution that maintains the charges against 138 air traffic controllers working in the Torrejón Control Centre, after their case has passed through 10 different judges’ hands.

The large amount of evidence, which these courthouses have been presented with, proves that the controllers were operational on the afternoon of the 3rd of December 2010, and that they never abandoned their working positions.

USCA is convinced that the court proceedings in Palma de Mallorca and Madrid will end up with the same conclusions reached in the other twenty courtrooms, excluding the air traffic controllers from any liability, since the facts that are being judged are the same, and because, as mentioned in the judicial writ of Santiago, which was ratified by the A Coruña Provincial Court, regarding the closure of the airspace: we are facing a political decision made by those who had competences for such.

 

ATCOs Dossier 2010

After five years, and because we want to shed light on the true reasons behind the events in 2010, USCA is preparing #ATCOsDossier2010, a thorough research material, both in printed and audiovisual format, which will analyse in depth the causes and consequences of that conflict, which resulted in AENA closing the airspace.

This work will culminate with the presentation of a documentary which will contain air traffic controllers’ testimonies, but also other professionals’, such as jurists and civil aviation experts, who will offer their vision about the conflict and the consequences it had on such sensitive issues as air safety.

As an introduction of this documentary, USCA released on the 3rd December a trailer which summarizes, through several testimonies, what happened in the Spanish airports on the 3rd of December 2010, and exposes AENA’s and the Ministry of Transport’s lies about a massive air traffic controllers’ abandonment of their working positions, as it would be later proved in court, with the only aim to hide their own political errors.