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a subterfuge to circumvent the statute. The inevitable result in each instance is that without any other valid reason, no pilot may be employed by Eastern as instructor, supervisory, test or ferry pilot once he reaches sixty years of age.  As a further illustration of the great lengths to which the management of Eastern Airline went to convince Complainant that it was not merely because of his age that they would not re-hire him, they actually told him that it was because they were losing money and couldn't afford to hire him. (T-157) This isn't subterfuge?

And once it is established that Respondents' policy is not based upon reasonable necessity, and does result in a deprivation of rights based solely on age, then the mere fact that the policy later becomes incorporated into Eastern's agreement with A.L.P.A. does not save it. Not only the Eastern policy but that portion of the agreement incorporating this policy is itself violative of Section 296 (3a) of the New York Homan Rights Law and due to this illegality cannot be binding upon the parties thereto.

FACTS

The above contentions of Complainant are based upon the testimony elicited during the hearing in this matter. Captain John Halliburton, Presently Vice President, Flight Operations, testified that he has been employed by Eastern Airlines for thirty-eight years, first as a line pilot until

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