AFA Files Suit In Federal Court

[LukeAisleWalker]

From NWA/AFA-CWA email news:



24 NOVEMBER 2008



AFA FILES LAWSUIT OVER DELTA'S UNLAWFUL CONDUCT



AFA filed suit Friday in federal court in Washington D.C., charging Delta Air Lines with unlawful interference with its flight attendants' right to elect a representative free of Company interference and coercion.



In its suit, AFA asks the Court to prohibit Delta from unilaterally implementing a seniority integration process before the flight attendants even have an opportunity to vote for Union representation. Delta's premature actions are designed to undermine AFA and deny its flight attendants the benefit of the Union's internal "date of hire" seniority integration process that will guarantee every flight attendant his/her current bidding seniority.



Under federal law, an election for the combined Northwest and Delta flight attendants cannot take place until the National Mediation Board finds that Delta is a single carrier with respect to combined flight attendant workgroups. Once that determination is made, AFA will file for an election that will give all 21,000 flight attendants the opportunity to elect AFA as their collective bargaining agent. If AFA is elected, then the Union's "date of hire" integration procedures shall prevail, ensuring all flight attendants their current bidding seniority.



AFA will vigorously pursue this litigation to guarantee that all NWA/Delta flight attendants will keep their current seniority.

 

[dapoes]

haha more desperate attempts from AFA

 

[LukeAisleWalker]

AJC article

http://www.ajc.com/business/content/busine...ndants_sue.html

 

[North by Northwest]

Luke-

Here is a more balanced article:

"The lawsuit cites a Nov. 11 letter from Michael Campbell, Delta's executive vice president of human resources and labor relations, to the head of Northwest's chapter of the AFA-CWA in which Campbell suggested having an initial seniority list integration meeting in early December between Delta, the AFA-CWA and a group of 14 Delta flight attendants who would represent all pre-merger Delta flight attendants. (SOMEBODY is in a bit of a hurry...I am sure the numbered days of former NW NMB chair. Ms Van Water has nothing to do with it)

"By initiating the seniority integration process prior to NMB resolution of the representation matter, Delta seeks to force AFA to take a position which may benefit pre-merger Northwest flight attendants to the detriment of the unrepresented Delta workforce and thereby influence the unrepresented Delta flight attendants in an effort to induce them not to vote for AFA in the event of a representation dispute," the lawsuit says."

http://biz.yahoo.com/ap/081124/delta_fligh...dants.html?.v=1

 

[dapoes]

The IFS Seniority Integration Committee is proud to have been elected by our peers to represent their interests in the seniority integration of the Delta and Northwest flight attendant seniority lists through the process established under a federal law that was passed last December (Public Law 110-161).

The law provides for the "fair and equitable" integration of our competitive seniority rights, consistent with Section 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LLPs). There are three parties who are entitled to participate in the process: this IFS Seniority Integration Committee, which represents the Delta flight attendants, the representatives for the pre-merger Northwest flight attendants, and representatives of Delta's management. In the event that all of the parties are not able to reach agreement on the integration of the seniority lists, they will submit the issues that are in dispute to a neutral arbitrator for resolution.

If it goes to arbitration then AFA's argument (much like this frivolous lawsuit) is toast.

 

[North by Northwest]

The IFS Seniority Integration Committee is proud to have been elected by our peers to represent their interests in the seniority integration of the Delta and Northwest flight attendant seniority lists through the process established under a federal law that was passed last December (Public Law 110-161).

The law provides for the "fair and equitable" integration of our competitive seniority rights, consistent with Section 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LLPs). There are three parties who are entitled to participate in the process: this IFS Seniority Integration Committee, which represents the Delta flight attendants, the representatives for the pre-merger Northwest flight attendants, and representatives of Delta's management. In the event that all of the parties are not able to reach agreement on the integration of the seniority lists, they will submit the issues that are in dispute to a neutral arbitrator for resolution.

If it goes to arbitration then AFA's argument (much like this frivolous lawsuit) is toast.

The funny thing is...YOU DON'T have any "LLP's" except whatever "fair and equitable" is...unlike our CONTRACT and it's SCOPE...with STAYS in effect UNTIL there is an election. (don't stay up all night trying to figure that out now)

Since you are practicing your legal skills...you might want to brush up on that other important NMB part that dictates a representational election. Now...I can almost promise you that you DO NOT want an attempt at seniority prior to an election. Based on past decisions by seniority arbitrations, Delta FAs WILL most likely come out cheated. Do yourself a favor and get up to speed on past arbitrations...so you don't look so ridiculous. You really don't want to go down that road...just ask Old Delta pilots and US Airways.

Furthermore, I am sure your brilliant mind understands that NW FAs/Ground do not have to agree to any plan by Delta and demand it go straight to an arbitrator. So, I wouldn't start clicking my heels until I understood the whole process...which you clearly do not.

The election will happen, so you can just cry a river. Look at it this way, maybe they will promote you to Central KoolAid mixer if all else fails.

I wonder what Delta employees will think of their beloved NW boss after they get thrown under the bus?

"consistent with Section 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LLPs)...quoting Union contracts now are we? Now that's rich!

 

[dapoes]

The funny thing is...YOU DON'T have any "LLP's" except whatever "fair and equitable" is...unlike our CONTRACT and it's SCOPE...with STAYS in effect UNTIL there is an election. (don't stay up all night trying to figure that out now)

Since you are practicing your legal skills...you might want to brush up on that other important NMB part that dictates a representational election. Now...I can almost promise you that you DO NOT want an attempt at seniority prior to an election. Based on past decisions by seniority arbitrations, Delta FAs WILL most likely come out cheated. Do yourself a favor and get up to speed on past arbitrations...so you don't look so ridiculous. You really don't want to go down that road...just ask Old Delta pilots and US Airways.

Furthermore, I am sure your brilliant mind understands that NW FAs/Ground do not have to agree to any plan by Delta and demand it go straight to an arbitrator. So, I wouldn't start clicking my heels until I understood the whole process...which you clearly do not.

The election will happen, so you can just cry a river. Look at it this way, maybe they will promote you to Central KoolAid mixer if all else fails.

I wonder what Delta employees will think of their beloved NW boss after they get thrown under the bus?

Sorry northy, it is what it is...

 

[North by Northwest]

Sorry northy, it is what it is...

Yes it is my dear...nothing to laugh about when one (Delta) is facing a real possibility of losing seniority because of rash decisions from those with tens of millions setting in the bank. I only want what is fair for Old Delta crews, they deserve it. That will not happen in arbitration, you can bank on it. There will be no intergration prior to a FAA single operating certificate...months away.

All this "hurry up" action, sounds to me like somebody is trying to manipulate things before President Obama moves on Jan. 20th. Methodical steps are best for all.

Business is best done with caution...just so all the paper work is in order. I am sure you will agree.

Happy Thanksgiving to you!

 

[dapoes]

Yes it is my dear...nothing to laugh about when one (Delta) is facing a real possibility of losing seniority because of rash decisions from those with tens of millions setting in the bank. I only want what is fair for Old Delta crews, they deserve it. That will not happen in arbitration, you can bank on it. There will be no intergration prior to a FAA single operating certificate...months away.

All this "hurry up" action, sounds to me like somebody is trying to manipulate things before President Obama moves on Jan. 20th. Methodical steps are best for all.

Business is best done with caution...just so all the paper work is in order. I am sure you will agree.

Happy Thanksgiving to you!

And AFA new about this all along but chose to sit on it. They initated election with Ryan Air as of today but have been sitting on another election with DAL. Why is that you think????

 

[Kev3188]

The law provides for the "fair and equitable" integration of our competitive seniority rights, consistent with Section 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LLPs).

Who will decide what is "fair and equitable?"

Which one of the five recognized methods for determining seniority under Allegheny/Mohawk are they going to use?

 

[Dignity]

well my opinion is,
I believe they are making a big mistake(a real big one) suing at this time...
seniority and representation are two separate issues today. both parties should sit down and resolve this outside a court room(however if there is any
disagreement how seniority is to be handled that newly enacted law will resolve by arbitration).

 

[Wings]

SENIORITY INTEGRATION - WHAT DELTA ISN’T TELLING YOU

DELTA FALSEHOOD: Management recently posted a Q&A on its employee website stating
that the post-merger seniority integration process “was made independent of the representation
process when fair and equitable became law in December 2007.†In other words, in Delta’s
view, the seniority integration will occur without AFA, no matter what happens in the NMB
representation election. REALLY? That’s not what the law says. Read the entire statute below
and make up your own mind. As it clearly states, if a Union represents the merging employees
(“craft or classesâ€) then the Union’s internal integration policies shall apply, not “fair and
equitable.â€:

SEC. 117. LABOR INTEGRATION

(a) LABOR INTEGRATION —With respect to any covered transaction involving two
or more covered air carriers that results in the combination of crafts or classes that are subject to
the Railway Labor Act (445 U.S.C. § 151 et seq.), sections 3 and 13 of the labor protective
provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as
published at 59 C.A.B.) shall apply to the integration involving covered employees of the
covered air carriers, except that –

(1) if the same collective bargaining agent represents the combining crafts or classes at
each of the covered air carriers, that collective bargaining agent’s internal policies
regarding integration, if any, will not be affected by and will supersede the requirements
of this section; and

(2) the requirements of any collective bargaining agreement that may be applicable to the
terms of the integration involving covered of a covered air carrier shall not be affected by
the requirements of this section as to the employees covered by that agreement, so long as
those provisions allow for the protections afforded by sections 3 and 13 of the Allegheny-
Mohawk provisions.

The law cannot be clearer: if AFA wins the representation election at the post-merger Delta,
AFA’s seniority integration procedures shall apply and, as the law states: “will not be affected
and will supersede the [fair and equitable] requirements of this section.†In addition, AFA
will continue to represent the NW flight attendants during the pendency of the election. As a
result, Delta cannot force a “fair and equitable†seniority integration on its flight attendant before
the election outcome is known. Any attempt by Delta to do so will be vigorously challenged by
AFA.

 

[Dignity]

to be fair, there is nothing preventing the two groups meeting and discussing how seniority will be eventually integrated(as no list could go into effect until operating under one certificate regardless... when two airlines are operating under two different certificates). keep in mind there are two certificates and those policies only apply to the group who is currently being represented under the separate certificate(at this time).
If a combined list is attempted to be made effective prior to the representation vote and both operating under separate certificates there is a valid issue, if a combined list is determined how it will be handled and is *pending* and made available after operating under one certificate there is no basis or claim(at this time).

 

[BABABOOY]

SENIORITY INTEGRATION - WHAT DELTA ISN’T TELLING YOU

DELTA FALSEHOOD: Management recently posted a Q&A on its employee website stating
In other words, in Delta’s
view, the seniority integration will occur without AFA, no matter what happens in the NMB
representation election. REALLY? That’s not what the law says.

According to this letter, the AFA IS representing what Delta is calling the "pre-merger" NW flight attendants.
From the IFS Seniority Integration Committee:

The IFS Seniority Integration Committee is proud to have been elected by our peers to represent their interests in the seniority integration of the Delta and Northwest flight attendant seniority lists through the process established under a federal law that was passed last December (Public Law 110-161). The law provides for the "fair and equitable" integration of our competitive seniority rights, consistent with Section 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LLPs). There are three parties who are entitled to participate in the process: this IFS Seniority Integration Committee, which represents the Delta flight attendants, the representatives for the pre-merger Northwest flight attendants, and representatives of Delta's management. In the event that all of the parties are not able to reach agreement on the integration of the seniority lists, they will submit the issues that are in dispute to a neutral arbitrator for resolution.

 

[dapoes]

well my opinion is,
I believe they are making a big mistake(a real big one) suing at this time...
seniority and representation are two separate issues today. both parties should sit down and resolve this outside a court room(however if there is any
disagreement how seniority is to be handled that newly enacted law will resolve by arbitration).

Yep you hit it on the head.