Yesterday, the Allied Pilots Association (APA) filed an
application with the National Mediation Board for an investigation of a representational dispute. In doing so, the APA invoked the merger processes of the NMB Representation Manual to ultimately determine who will be the representative of the pilots at the New American. In order for the NMB to move forward, it must first determine the carrier is operating as a single integrated operation. This “single carrier” determination is based on all the facts bearing on whether the merged carriers have become combined into a single operation. The NMB Representation Manual lists the following relevant factors for consideration:
(1) published combined schedules or combined routes;
(2) standardized uniforms;
(3) common marketing, markings or insignia;
(4) integrated essential operations such as scheduling or dispatching;
(5) centralized labor and personnel operations;
(6) combined or common management, corporate officers, and board of directors;
(7) combined workforce; and,
(8) common or overlapping ownership.
The determination is generally based not on what might be planned or contemplated in the future, but on what is the current actual state of the operation. It is expected that the investigation of this petition will take a minimum of six months. The NMB must find that the facts exist to support a single carrier determination in order to find that a single pilot craft or class exists between American and US Airways. Once the NMB determines there is a single carrier, it will proceed to a determination of the appropriate bargaining representative for the various groups of employees, including the pilots. The NMB rules provide at least 30 days following a single carrier determination for the submission of a showing of interest by any labor organization seeking to represent the combined group of employees, followed by an appropriate process for determining the representative, which may include a representation election. Throughout this process, the existing bargaining representatives continue to represent their pre-merger employee groups.
Moreover, it is important to note that the McCaskill-Bond Amendment contemplates the continued independent representation of each pre-merger bargaining unit throughout the process of seniority integration. In particular, the status of the seniority integration process is a factor considered by the NMB, and the fact that the process may not be complete is a factor that would weigh against a single carrier finding. Counsel for USAPA believe that until seniority integration is completed, the determination of single carrier status is premature and will take that position with the NMB.
USAPA Communications