What if a strike cancels your European flight?
Last week two of the nation’s busiest airports were nearly shut down by a labor action at the height of the summer travel season. Thankfully, on the eve of a walkout at New York City’s major commercial facilities -- LaGuardia and JFK International -- the Service Employees International Union announced an agreement was reached on behalf of 1,200 Aviation Safeguards security officers, baggage handlers and wheelchair attendants.
Regardless of how you view the state of management-labor relations, there’s no denying crippling strikes that leave thousands of passengers stranded have occurred much less frequently in the United States in recent years, particularly since the rapid consolidation of the industry. According to the National Mediation Board, an independent federal agency, labor disputes at large airlines have tailed off considerably in the 21st century, the only exception being the 2005 mechanics' strike at Northwest Airlines (since merged with Delta). For context, there were more than 20 strikes at major U.S. carriers in the 1980s and 1990s.
However, this isn’t the case in Europe, where seasoned travelers know strikes can occur frequently and sometimes without advance warning. What’s more, Americans who are familiar with U.S.-style “all-or-nothing” walkouts are often caught off-guard by targeted strikes that can be as short as one day, or even one hour. Therefore it pays to know more in advance.
When trouble strikes
European airlines claimed more than 3,000 flights had been canceled through June of this year due to nine separate labor actions, and the CEOs of Europe’s five largest carriers asked the European Commission (EC) to legislate a reduction in such strikes last month. Perhaps not surprisingly, the most outspoken executive has been Ryanair CEO Michael O’Leary, who recently suggested the European Union replace French controllers who go on strike. French union officials responded strongly: “Asking for other air traffic controllers to control French airspace is a dangerous proposal which suggests that Ryanair is either ignorant of its own industry or wholly disingenuous.”
The prospect of a labor action by French controllers scheduled for July 2 - 3 dampened enthusiasm for flying among business travelers and vacationers alike throughout the month of June, before the strike was called off at the eleventh hour on July 1. But that was just one of several potential and real actions passengers needed to consider while booking flights this year.
Consider these other recent examples:
• In May, pilots at TAP Air Portugal announced a 10-day strike; between May 1 and May 10, TAP stated about 30% of its operations were canceled.
• That same month, unions representing air traffic controllers in five countries -- Belgium, France, Germany, the Netherlands and Switzerland -- announced they decided not to strike against the EU during the busy summer season.
• In October 2014, a Greek court ruled that a pending 48-hour strike by Greek air traffic controllers would be illegal, though the threat itself still disrupted travel plans.
The pattern of strikes -- and threatened strikes -- has played out for decades now in European aviation, and is familiar to frequent fliers on trans-Atlantic routes. And as noted above, labor actions can arise not only from airline employees but also from air traffic controllers at a patchwork of national networks throughout the continent. Last year, there were work stoppages by French and Belgian controllers, and French controllers had walked out in 2013 as well. By contrast, the United States has not experienced a similar situation since President Reagan fired striking PATCO controllers in 1981.
Passenger rights in Europe
For travelers worried about being stranded, it’s important to realize that passenger rights vary considerably between the U.S. and Europe. After pilots at Lufthansa Airlines walked off the job last October, a German media report contained this upbeat summary, which would be unthinkable in a similar situation here: “[T]housands of passengers were affected, but not completely lost. Luckily the EC passenger directive exists to strengthen the consumers’ position in these kind of situations.” The report noted how passengers could convert their airline tickets to train tickets, and detailed how the airline was responsible for accommodating inconvenienced customers.
In 2013 the EC stated it would clarify “legal grey areas” in passenger rights rules, including classifying strikes by air traffic controllers as “extraordinary circumstances” whereby airlines are not required to pay financial compensation to passengers. However, carriers are still responsible for their passengers, as the EC’s Air Passenger Rights clearly states:
“For cancellation due to extraordinary circumstances you may not have the right to compensation, the carrier must still offer you either:
• a ticket refund (in full or just the part you have not used);
• alternative transport to your final destination at the earliest opportunity; or
• rebooking at a later date of your choice (subject to seat availability).”
Furthermore, the EC states: “Even in extraordinary circumstances, airlines must provide assistance when necessary, while you are waiting for alternative transport.”
In addition, the European rules are more specific in HOW airlines must re-accommodate passengers. The EC’s FAQs include a detailed scenario whereby a flight is scrapped due to a strike and a passenger is rebooked the following day; however, when that rebooked flight is oversold, the passenger then is due compensation.
What about in the U.S.?
Though the threat of flight disruptions due to labor actions may not be as great in the U.S., unfortunately the protections for passengers are not as great either. In the absence of comprehensive and uniform passenger rights regulations, domestic flights in this country fall under each carrier’s Contract of Carriage. And as I’ve noted before, rights have evaporated as these contracts have become more vague and increasingly difficult to decipher.
The legalese is strikingly similar from airline to airline. Note the wording is almost identical among the Big Three’s definitions of how labor actions are “force majeure” events that limit their responsibilities:
• American Airlines: “Any strike, work stoppage, slowdown, lockout or any other labor-related despute [sic] involving or affecting AA’s service”
• Delta Air Lines: “Strikes, work stoppages, slowdowns, lockout or any other labor-related dispute”
• United Airlines: “Any strike, work stoppage, slowdown, lockout or any other labor-related dispute involving or affecting UA’s services”
Southwest Airlines also cites “strikes, work stoppage, slowdown, lockout or any other labor related dispute involving or affecting Carrier’s service.”
It’s best to let theologians debate whether employee walkouts truly are “Acts of God,” but ultimately a strike is the same as a thunderstorm or blizzard when it comes to consumers seeking redress from a domestic airline. Which means your rights are subject to a complex hierarchy of customer worth as defined by the airlines themselves.
Keep in mind ...
If you’re flying to or within Europe soon, consider the following if a work stoppage threatens your itinerary:
• Knowing your rights is critical, so bookmark the EC’s rules.
• Don’t purchase alternative transportation in haste; the job action may be over quickly and/or you may be rebooked at no additional cost.
• Travel insurance is not without its caveats. Consider there may be cutoff dates for coverage of “announced potential” strikes, what CSA calls a “foreseeable event." Some providers, such as Travel Guard, provide detailed lists of exclusions.
Bill McGee, a contributing editor to Consumer Reports and the former editor of Consumer Reports Travel Letter, is an FAA-licensed aircraft dispatcher who worked in airline operations and management for several years. Tell him what you think of his latest column by sending him an email at travel@usatoday.com. Include your name, hometown and daytime phone number, and he may use your feedback in a future column.