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Law360 (January 30, 2020, 10:14 PM EST ) The American Airlines pilots' union urged a Texas court Thursday to immediately block all of the carrier's flights between the U.S. and China in the midst of the coronavirus outbreak, citing "serious and in many ways still unknown health threats."
The Allied Pilots Association, the largest independent pilots union in the country, hit American with the suit a day after the airline announced it would suspend all flights between Los Angeles International Airport and Shanghai and Beijing starting Feb. 9.
The upcoming suspension is not enough, the pilots union said in Thursday's complaint, which was lodged in Dallas County District Court. American should immediately suspend all flights to China, the union said. And in the meantime, pilots should decline to take flight assignments that would take them to China, it said.
APA President Capt. Eric Ferguson said in a statement Thursday that the "safety and well-being of our crews and passengers must always be our highest priority — first, last and always."
A spokesperson for American Airlines told Law360 on Thursday that it was aware of the suit. The airline is "in close contact" with the U.S. Centers for Disease Control and global health officials to ensure it is "taking all necessary precautions for our customers and team members," the spokesperson said.
"We will continue to monitor the situation and make any updates as needed," the spokesperson said.
The new respiratory virus, first identified in Wuhan, Hubei Province, China, probably emerged from an animal source but now appears to be spreading from person to person, according to the CDC. Symptoms include severe respiratory illness with fever, cough and difficulty breathing.
As of Thursday, there were approximately 7,700 confirmed cases of the virus, according to the World Health Organization. Of those, 170 people have died, WHO said.
In its suit, the union pointed to alerts and warnings issued by government agencies worldwide discouraging travel to China as the virus continues to spread. The U.S. State Department issued a "do not travel" advisory for China on Thursday night.
"Travelers should be prepared for travel restrictions to be put into effect with little or no advance notice," the notice said. "Commercial carriers have reduced or suspended routes to and from China. Those currently in China should consider departing using commercial means."
Earlier Thursday, WHO declared the coronavirus outbreak a "public health emergency of international concern."
Many other major air carriers, including British Airways, Air Canada and Lufthansa, have suspended all flights to China until more information is available, the union said.
"Given the unique challenges presented by the coronavirus, these carriers have now recognized an industry standard of care exercising the highest of precaution," the APA said.
American Airlines, on the other hand, has yet to cancel any U.S.-China flights before the upcoming suspension, despite requests from the pilots' union to do so, according to the suit. The airline "fails to meet the standard of care evidenced by other carriers in the industry," the APA said in the suit.
The APA represents about 15,000 pilots, according to the suit. American operates approximately 56 flights a month between Dallas/Fort Worth International Airport and China, the union said. And each American Airlines crewmember working a China trip is required to be on the ground for at least 32 hours between flights, per federal rest regulations, the union said.
"The required presence of flight crews in China and the transportation of passengers to U.S. airports from cities in China creates potential exposure for flight crew members to the coronavirus," the APA said.
Ferguson added in the statement that the union estimates as many as 300 passengers and crew travel to DFW alone from Chinese cities on each American Airlines flight.
"To us, that level of risk is unacceptable," he said.
American Airlines is negligently and intentionally exposing its pilots to a potentially fatal, communicable disease, the union said. The union is after a temporary restraining order and unspecified damages.
Counsel for the pilots association didn't immediately return a request for comment Thursday.
The Allied Pilots Association is represented by Mark D. Winnubst and Latrice E. Andrews of Sheils Winnubst PC.
Counsel information for American Airlines wasn't immediately available Thursday.
The case is Allied Pilots Association v. American Airlines Inc., in the District Court of Dallas County. A case number wasn't immediately available Thursday.
--Additional reporting by Tom Zanki. Editing by Bruce Goldman.
For a reprint of this article, please contact reprints@law360.com.
