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The remarkable story of the Cathay Pacific pilots who took on the system.
You're a pilot, a Captain no less with Cathay Pacific - one of the world's most prestigious airlines. One day you receive a DHL package at your home in Hong Kong. You're fired! No formality, no reason, no warning. Soon you discover that 48 of your colleagues have been unceremoniously dismissed in the same manner.
This nightmare scenario is exactly what happened in July 2001 to Captain John Warham and his fellow '49ers'. It was the final fall of the axe after a protracted period of bitter wrangling between Cathay management and its pilots' union over cost-cutting, pay concessions, rostering and flight safety issues.
Over the next eight years, Warham and his 'Band of Brothers' fought tooth and nail against the mighty corporate power of Cathay in an attempt to exonerate themselves and show the company's true colours to the world. What resulted was one of the most complex and truly international litigation cases in aviation history.
In 2009, the pilots headed to court for what they hoped would be the final hearing of their case. John Warham's The 49ers tells their remarkable story.
- Sales Rank: #3610222 in Books
- Published on: 2011-05-10
- Original language: English
- Number of items: 1
- Dimensions: 1.90" h x 6.20" w x 9.20" l, 2.85 pounds
- Binding: Hardcover
- 576 pages
Review
This book is a cautionary tale for all pilots, both union and non-union. It is a riveting read and has some serious salutary lessons for all professional pilots. If BALPA was a school, it would be compulsory reading.
Sandy Easton --The BALPA Log
From the Back Cover
"After landing back in Hong Kong, I got home to find a DHL packet sitting on the kitchen worktop. I opened up the packet and found a letter signed by Barley dismissing me from Cathay Pacific Airways and giving me three months' pay in lieu of notice. I was one of The 49ers."
About the Author
John Warham graduated from The College of Air Training, Hamble in 1975 and began working in the same year as a commercial pilot for Casair Aviation Services in Teesside. He flew for British Air Ferries (Southend), Air Transcontinental (Windsor) and Monarch Airlines (Luton) before realising his boyhood dream as a Boeing 747 captain with Cathay Pacific, based in Hong Kong. As president of the Hong Kong Airline Pilots Association, he worked with the International Federation of Airline Pilots Associations on Flight Time Limitations and industrial issues in the 1990s and was awarded an IFALPA Presidential Citation in 2003. He currently lives in Hong Kong and is an honorary member of the Royal Air Force Association.
Most helpful customer reviews
6 of 6 people found the following review helpful.
Whatever it takes - A Fight for Justice
By Guido Sarducci
This book gripped me from the very beginning; for me, it was one of those "couldn't put it down" reads. It may well serve as an unofficial aviation bible for anyone who finds themselves in a similar position to the author. It will also appeal to the layman as Mr. Warham has written the book in a no nonsense way and done away with the `bells and whistles'.
The book starts with the author explaining how he got into aviation and worked his way up through the ranks and became a senior pilot on the Boeing 747 with Cathay Pacific Airways. Later, as well as being a pilot, Mr. Warham also became a prominent member of the HKAOA (Hong Kong Aircrew Officer Association) and then the Chief Negotiator with the CPU (Cathay Pilots Union). Whilst holding this position with the unions their main aim was to negotiate a better rostering practice for the pilots in an attempt to make the operation safer for themselves and the passengers they carried, and to reduce the stress the pilot's were under, which can ultimately cause something known as `cumulative fatigue'. The senior management however had little interest in the union's efforts and their pleas went largely ignored.
Cathay Pacific then sacked 49 pilots and in effect threw them out of their jobs and defamed them in the press and industry at large to the point where they became virtually unemployable. Cathay claimed that they were not sacked because of their union activities but because they were "not acting in the company's best interests", something the 49ers vehemently disagreed with and they eventually proved that this was not the case.
In a bitter twist and at a crucial point in the negotiations the union is suddenly split and one of the author's union colleagues and best friends, who also fought for the same issues and sat by his side throughout the negotiations, jumps ship without mentioning his intentions and tries to set up a break-away union on his own. This only serves to undo a lot of work which had taken years to set up just when it seemed the CPU were making progress with the Cathay management.
Throughout his career Mr. Warham obviously tried to uphold and pass on valuable legacies handed down to him by his father and his Uncle, who both fought in the RAF in WWII, and people in the industry who left a lasting impression on him. Two great quotes in this book are "the best we can hope for is to put as much back into it as we derive from it and leave our profession in a better condition than when we entered it", and later on when some of the senior Cathay management find themselves on the witness stand and wishing they were somewhere else entirely is "with responsibility comes accountability".
The author reveals how the Director of Flight Operations for Cathay Pacific at the time had a degree in `Zoology' - go figure! - and no experience whatsoever in the aviation industry prior to joining the airline. He explains how he'd seen the airline go from working with the staff to working against them, and he lays the blame squarely with the men at the top, The Swires of London, for their mismanagement of the airline.
I had some (what I later found out to be) misconceptions not only about commercial pilots but also the airline industry itself. I now have a better understanding of how the aviation industry operates and also how the legal system works in Hong Kong, and for me this book was a real eye-opener.
A very important point made by the 49ers (only 18 of them "the hard men" managed to stay the full course and later termed themselves the `Band Of Brothers') was that at no time had any of them breached the terms of their contracts. Mr. Warham states, as it currently stands no one employed in Hong Kong from any profession, regardless of their seniority within that company, can expect any protection from their contract of employment. As, in a court of law in Hong Kong their contract will be worthless. The author tells how he's still a shareholder in Cathay Pacific and how he would one day like the airline to succeed and be an airline that people are proud to represent.
A very well-written book that left me wondering whether or not there will be a sequel.
5 of 5 people found the following review helpful.
You couldn't make it up!
By Ian
This book is required reading for anyone who works for a company in lands where the labour laws are 'relaxed', for crew, union reps, managers and lawyers everywhere and especially for those who worked for Cathay Pacific at the time. The names of the usual suspects will bring memories flooding back.
Captain John Warham begins by taking us through the journey from student pilot via adversity to B747 command. Some of the steps may surprise the uninitiated.
'The 49ers' has the elements of a thriller novel: bad guys, good guys, surprise evidence, cliffhangers, tragedy and death except that this is no fabrication; the tragedies and deaths are only too real.
An airline's attempt to impose reduced Conditions of Service and to have non-pilots order captains to extend duty periods (legally permitted only at the captain's discretion) escalates to the point where 49 pilots are summarily fired. The pilots are publicly defamed, making it difficult or impossible for them to find alternative employment. Their efforts to achieve justice are blocked by lies, obfuscation and attempts to run them out of legal funds.
A pilot kills himself; another pilot's partner hangs herself and two months later he dies of a heart attack aged 35 leaving a young daughter. The author suffers a myocardial infarction.
It took eight years to bring the case against the company to trial and the court proceedings are skilfully described by Captain Warham using cricket analogy for the cut and thrust or, should one say, delivery and batting of cross questioning and re-examination. Counsel's questions are played defensively or batted for a six with the Judge as Umpire rebuking him as necessary.
Fast paced action builds to a climax with occasional gems from the author such as: "(witness) xxxxxx was finally sent back to the pavilion having failed to trouble the scorer to any great extent"
American readers may be a little confused by the cricket analogies but please persevere and put it down to: 'Time spent in reconnaissance is never wasted'.
The book even ends on a cliffhanger. As it went to print a final decision from The Hong Kong Court of Final Appeal was still awaited.
So, did the AOA/CPU make the right choices? Did the managers play a straight bat? Read the book and ask yourself what you'd have done at each stage of the progression.
N.B. For those unfamiliar with the theatre of operations: Remember, as you make your decisions, that you do not have the employment protection of North America, Western Europe or Australia/NZ and Cathay can be a very authoritative company!
5 of 5 people found the following review helpful.
A tale for our times
By Wiltshire Man
This is a sad story, and also an uplifting one about the resilience of the human spirit when faced with dramatic changes to their lives. I have to declare an interest here, as I was a 747 Captain with Cathay Pacific but retired before this whole issue came to a head. In fact, had I not done so, I'm convinced that I also would have been one of the 49ers!
The fascinating thing for me is the exposure of all the "behind the scenes" activity in this book. As a Member of the Union, I was only told what I needed to know and trust my colleagues to do their best for me. This I happily did - along with many others. The revelations about false information, deceit, disregard for the welfare of the crews and arrogance of Management is an object lesson for all. The transcripts of the Court case are fascinating - you can virtually see Cathay Management wriggling on the hook as their falsehoods are dissected with the rapier of a very competent QC!
There are lessons for all to be learnt here. A fascinating read, and not only for those in the aviation world.
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