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.

FMI: www.ksd.uscourts.gov