Thu, Aug 06, 2009
Companies Say Suit Has No Merit, Filed Late
Boeing and Spirit Aerosystems have
filed papers asking a federal judge to not grant class-action
status in a suit brought by former Boeing employees who
lost their jobs when Spirit bought Boeing facilities in Kansas and
Oklahoma in 2005. The workers claim Spirit, which was formed by its
parent company Onex Corporation of Canada after the sale, did not
re-hire some Boeing workers because of their age, denying them
pension benefits.
According to the Associated Press, Boeing and Spirit have filed
over 900 pages of documents supporting their claim that Spirit had
legitimate reasons for not re-hiring some employees. The case is
being considered in U.S. District Court in Wichita.
In the court papers, the companies
claim that Spirit had a need for its workforce to "be flexible and
possess the skills and attitude necessary to give the new venture
the best chance of success." They also say the lawsuit was not
filed on time.
The former workers, for their part, cite internal memos
suggesting that Spirit cut older workers, generally between the
ages of 45 and 54, in a "selective re-hire" process. Workers in
that age group reportedly were considered the most expensive to
retain.
Boeing and Spirit counter with an argument that 85 percent of
the workforce over age 40 was recommended for re-hire. About 90
former employees have filed the suit, seeking reinstatement to
their positions and $1.5 billion in punitive damages, well as
unspecified compensatory damages.
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