Delta Air Lines plans to seek a temporary restraining order against its pilots' union this morning, claiming that some pilots' coordinated efforts to decline overtime flying during the weekend was an illegal job action.

        The motion, to be filed in U.S. District Court in Atlanta, will charge that the resulting staff shortage canceled more than 300 flights and inconvenienced more than 40,000 passengers Friday, Saturday and Sunday.

        If Delta's pilots continue to refuse to work overtime, it could cause problems during the upcoming Christmas holiday period.

        More flights were reportedly canceled Monday, but numbers were not immediately available. Delta also declined to specify how many canceled flights were from Cincinnati/Northern Kentucky International Airport, the airline's second-largest hub.

        But an airport spokesman said his office was not contacted about making provi sions for passengers stranded by cancellations.

        “It's hasn't been a big thing,” Ted Bushelman said.

        A check of departure and arrival screens at 5 p.m. showed only three Delta cancellations.

        Delta spokeswoman Cindi Kurczewski said some Cincinnati flights had been affected, but the airline was “taking every step possible to minimize the inconvenience for passengers.”

        The cancellations stem from some pilots refusing to work overtime while contract talks continued between their union and the carrier.

        Dave Bushy, Delta's senior vice president of flight operations, said that Delta normally operates 2,700 flights a day and that on a normal day fewer than two flights are canceled because of crew shortages.

        Additional cancellations Sunday were blamed on snow in the Southeast, said Delta spokeswoman Jackie Pate. She did not have any numbers.

        The Atlanta-based airline, the nation's third-biggest, has been negotiating with the Air Line Pilots Association since September 1999. Many of Delta's 9,400 pilots — more than 900 of whom are based in Greater Cincinnati — have been refusing to sign up for overtime assignments since last month when management made a proposal that the pilots considered inadequate.

        ALPA officials have told pilots that the union does not support the no-overtime campaign but said that under the union's contract the pilots can decide individually whether to fly extra hours.

        “We want our pilots to focus on contract negotiations and achieving a superior new agreement. That is where the union stands,” ALPA spokeswoman Karen Miller said Monday.

        The problems at Delta come about a year after pilots for Comair, Delta's Erlanger-based subsidiary, were accused of disrupting flights in late December 1999, shortly before Delta's acquisition of the feeder carrier was finalized.

        Pilots refused to fly regional jets for reasons such as broken coffee pots or torn seat cushions. A federal court judge agreed with the airline that pilots' actions constituted an illegal job action and issued a temporary restraining order. The regional carrier and its pilots' union are still negotiating.

        Delta's expected action in court this morning will likely seek the same action against its pilots because of their refusal to fly overtime last weekend.

        While the contract does allow pilots to decline overtime, federal law prohibits them from doing anything that affects normal operations.

        “It changes the status quo,” Ms. Kurczewski said of the decline of overtime. “It's customary in the airline industry to rely on overtime flying to meet the schedule needs.”

        United Airlines and Northwest Airlines also have recently complained that workers involved in contract negotiations have forced flight delays or cancellations. Unions for both airlines have denied the allegations.

        Enquirer contributor Joe Wessels and the Associated Press contributed to this report.
       

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