May 15, 2006
Ms. Julie Hagen Showers
VP Labor Relations
Northwest Airlines, Inc.
2700 Lone Oak Parkway
Eagan, MN 55121-1535
Dear Ms. Showers:
I read with concern the letter Northwest management sent to the
flight attendant workforce on Friday. You must know that the
threat to impose more concessions than those contained in the
tentative agreement is not supported by law, and constitutes
interference with the laboratory conditions necessary for a free
and fair representation election. Implementation of those
changes, even with the approval of the bankruptcy court, could
constitute bad faith bargaining or a "major dispute" under the
Railway Labor Act.
Under Section 1113 of the Bankruptcy Code the company is only
entitled to seek such changes as are "necessary" for the
reorganization, and "fair and equitable" to all parties. In
entering into the tentative agreement, management has already
established the parameters of what is "necessary" and "fair and
equitable." If the tentative agreement is voted down your
options are more limited than portrayed in Friday's letter.
First, you could not simply implement any changes, but rather
would need to return to the bankruptcy court to seek the court's
approval of your Section 1113 motion. We understand that the
court's decision has been held in abeyance pending the outcome
of the ratification process, but a decision in favor of the
company is by no means a foregone conclusion. Without a court
order approving your motion you cannot implement any changes,
even those contained in the tentative agreement.
Second, in our view, you cannot seek to implement more
concessions than contained in the tentative agreement without a
new showing that such additional items are "necessary" and "fair
and equitable" under the law. This would require a new hearing
or at least enough evidence to persuade the court that changed
circumstances make these items necessary now, even though they
were not necessary weeks earlier when management agreed to the
terms in the tentative agreement. Seeking these additional
concessions is even less likely to be approved by the court on
the current state of the record than your original motion. In
fact, on one of the most contentious items that you now threaten
to implement - outsourcing a major portion of the international
flying - we understand that the court expressed concern that the
company's proposal was too harsh.
If management wants to be shortsighted and push the limits of
the law you will dismiss my letter and go about your business,
seeking additional concessions that will permanently damage the
relationship between the company and the flight attendants. I
believe that is a path that will ultimately lead to the
destruction of the airline because an airline is a service
business and cannot survive if it's relationship with its front
line employees - the people who provide that service - is
irreparably damaged. If, on the other hand, you want to preserve
the relationship with the flight attendants in hopes of helping
to preserve the airline, you will reconsider the threats made in
Friday's letter and return to the bargaining table if the
tentative agreement is voted down.
AFA has vast experience in bankruptcy. Working with nine
carriers in bankruptcy in recent years, we have helped the
flight attendants navigate through the bankruptcy process, while
helping the airlines successfully reorganize and begin a return
to profitability. Through all of those extremely difficult cases
we have placed a premium on the importance - to the company and
the workers - of reaching voluntary, consensual labor
agreements. Through much hard work, strong leadership and tough
decision making, we are proud to be able to say that we have
achieved a consensual agreement in every case to date. However,
once AFA is certified as the union representing Northwest
Airlines flight attendants, if a fight is what management wants,
a fight is what you will get if you impose new work rules beyond
what is "necessary" and "fair and equitable" under the law.
Sincerely,
David A. Borer
AFA General Counsel
Ms. Julie Hagen Showers
VP Labor Relations
Northwest Airlines, Inc.
2700 Lone Oak Parkway
Eagan, MN 55121-1535
Dear Ms. Showers:
I read with concern the letter Northwest management sent to the
flight attendant workforce on Friday. You must know that the
threat to impose more concessions than those contained in the
tentative agreement is not supported by law, and constitutes
interference with the laboratory conditions necessary for a free
and fair representation election. Implementation of those
changes, even with the approval of the bankruptcy court, could
constitute bad faith bargaining or a "major dispute" under the
Railway Labor Act.
Under Section 1113 of the Bankruptcy Code the company is only
entitled to seek such changes as are "necessary" for the
reorganization, and "fair and equitable" to all parties. In
entering into the tentative agreement, management has already
established the parameters of what is "necessary" and "fair and
equitable." If the tentative agreement is voted down your
options are more limited than portrayed in Friday's letter.
First, you could not simply implement any changes, but rather
would need to return to the bankruptcy court to seek the court's
approval of your Section 1113 motion. We understand that the
court's decision has been held in abeyance pending the outcome
of the ratification process, but a decision in favor of the
company is by no means a foregone conclusion. Without a court
order approving your motion you cannot implement any changes,
even those contained in the tentative agreement.
Second, in our view, you cannot seek to implement more
concessions than contained in the tentative agreement without a
new showing that such additional items are "necessary" and "fair
and equitable" under the law. This would require a new hearing
or at least enough evidence to persuade the court that changed
circumstances make these items necessary now, even though they
were not necessary weeks earlier when management agreed to the
terms in the tentative agreement. Seeking these additional
concessions is even less likely to be approved by the court on
the current state of the record than your original motion. In
fact, on one of the most contentious items that you now threaten
to implement - outsourcing a major portion of the international
flying - we understand that the court expressed concern that the
company's proposal was too harsh.
If management wants to be shortsighted and push the limits of
the law you will dismiss my letter and go about your business,
seeking additional concessions that will permanently damage the
relationship between the company and the flight attendants. I
believe that is a path that will ultimately lead to the
destruction of the airline because an airline is a service
business and cannot survive if it's relationship with its front
line employees - the people who provide that service - is
irreparably damaged. If, on the other hand, you want to preserve
the relationship with the flight attendants in hopes of helping
to preserve the airline, you will reconsider the threats made in
Friday's letter and return to the bargaining table if the
tentative agreement is voted down.
AFA has vast experience in bankruptcy. Working with nine
carriers in bankruptcy in recent years, we have helped the
flight attendants navigate through the bankruptcy process, while
helping the airlines successfully reorganize and begin a return
to profitability. Through all of those extremely difficult cases
we have placed a premium on the importance - to the company and
the workers - of reaching voluntary, consensual labor
agreements. Through much hard work, strong leadership and tough
decision making, we are proud to be able to say that we have
achieved a consensual agreement in every case to date. However,
once AFA is certified as the union representing Northwest
Airlines flight attendants, if a fight is what management wants,
a fight is what you will get if you impose new work rules beyond
what is "necessary" and "fair and equitable" under the law.
Sincerely,
David A. Borer
AFA General Counsel
