Air Transport Association, DOJ seek to block F/A strike

[Vikedog64]

...I always say this upfront, but I don't believe in strikes. I believe in finding a new job.

HOWEVER, we are where we are and this is how it is. With that said, I can't imagine any judge saying that it was OK for NW to ditch the process laid out in the RLA but then use it as their defense against a strike. You can't have it both ways. NW's position was to start the process and when it didn't work, go to the judge and get their way. Well, why is it not fair for the F/A's to say much the same...we tried the process, it didn't work, we're going a different route. Not only that, but the F/A's didn't impose their way right away as NW did.

As for the ATA & other airlines supporting NW, it's a long term vision thing. "What if this were us?" Especially AA who hasn't entered bankruptcy. If they have to (a possibility still), they want to know that they won't have this hanging out there. Suddenly the game changes and it would become VERY hard to get financing until you've gotten all of your labor contracts in order. Until now, they could tell a lender that it was illegal and has to be fought...now it is out there.

My brother works for NWA. It seems to be the most toxic airline that I have ever seen. I honestly do not think there will be a winner in this, regardless of what the stews do. All I can say is I wish you all well and I hope the stews are thinking clearly. :blink:

 

[jenny@nw]

Like how they sorta mention that the strike could be the demise of 34,000 jobs and hurt the economy. Overall, NW got rid of 20,000 employees. So.............. it seems like they are just whining over and over again.

 

[whatkindoffreshhell]

but if that is what it takes for a scum bum scum bag mgmt such as scabby patch air to learn lessons, then bygones that is what it takes. Strike AFA you got my support all the way and if it puts scabby patch out of business then that failure is all squarely on piss poor mgmt of scabby patch air

Even though I never understand this poster's gibberish I do believe I am in agreement with his main point.

NW managers backstabbed the unions ten years ago.

Payback time.

(the fat lady is a-humming for the folks in Eagan....)

 

[groundcontrol]

Like how they sorta mention that the strike could be the demise of 34,000 jobs and hurt the economy. Overall, NW got rid of 20,000 employees. So.............. it seems like they are just whining over and over again.

True, NW already hurt the economy, but I guess they feel they didn't contribute to any such thing. Blame everyone else for their incompetence. They're power hungry and ruthless at this point. But not responsible for any of their actions. Go figure.

 

[AMFAMAN]

No strike allowed - oh well, I quit. Check that, we all quit, except for PTO of course.

 

[Don Smith]

This latest media release is very telling. 20 other ATA member airlines filing "friend of the court" briefs. The US Attorney General outs in his two cents worth. Appeal sent to another judge (taking Gropper out of the loop). The whole diatribe of "the death nail" for nwa if the attendants go out.
You F/As definately have nwa where we mechanics did not. Clearly they don't have sufficient replacements to function in a walkout. They are on the ropes and the negotaitors are being sent home. Sounds to me like the F/A group is holding the straight/flush and nwa is trying to bluff with a pair of duces. The bluffers have all the other sharks at the table standing behind them but they can't read your faces. What will the AFA do if an injunction is laid down against them? What every good AFL-CIO union does...goes to work and says, "but the judge made us". Its getting really ugly ladies...remember, the mechanics are waiting for you on the picket line.

 

[luv2fly]

If there is no mutually agreed upon contract, there is no contract at all. If there is no contract, the RLA has no applicability. The RLA only forbids work actions under section 6 of the RLA.
NW wants to have its cake and eat it too. Appartently, so does the DOJ. What are they going to do if all the flight attendants suddenly resign? Petetion for an injunction forcing the FA's to work for a piece of $#### management team? Seems like boderline socialism to me.

 

[767 mechanic]

I was on the picket line with the mechanics at DFW the first morning of their strike and many days after that. I will walk the picket line with flight attendants just as some of them did for the mechanics. I do hope the attendants bring scab air to there knee's and as long as the AFA leaders and afl-cio don't fold. I think they will win. I think that it will take another 90 days. First the judge will allow the nmb to impose a 30 day cooling of period and if their is no ratified contract, then GW will impose a PEB. The wild card in this game is that there is an election coming up and does the republican party want to dance through that minefield or do they feel that everything is lost anyway because of GW so they screw labor and help out crooks. I might be wrong on my opinion in one way or another,but the flight attendants need to win this one or labor will be hurting for many years to come. Oh not mention the low wages we will be working for so the executives can fill there pockets

 

[AirwAr]

In case you haven't seen it, here is the ATA filing:
http://www.airlines.org/files/ATA%20Amici%...iae%20Brief.pdf

Page 23 contains the gist of ATA's argument:

"In a Chapter 11 case, however, the 'modification' in the agreement has been accomplished not by the employer's unilateral action, but rather by operation of law."

ATA seems to admit that under RLA, neither the union nor the company can engage in an economic war fare (self-help) unless released from negotiations by the NMB. It argues, however, that because the bankruptcy code allows a company to tear up a labor contract, it's not a unilateral action by the company. It's actually an "action" forced upon them by law.

Wow...these guys are digging deep on this one!!!!

 

[AMFAMAN]

It's actually an "action" forced upon them by law.

And the "action" was filed on behalf of themselves. Deep is an understatement.

 

[PRINCESS KIDAGAKASH]

Northwest has been in violation of the Railway Labor Act ever since they started training scab F/A's and Mechanics. NWA has not and will not bargain in good faith with their employees so the RLA is null and void in this case. The AFA needs to get off it's butt and start striking(chaosing)NOW! There is no excuse to delay the job action that must be done.

 

[robbedagain]

Even though I never understand this poster's gibberish I do believe I am in agreement with his main point.

NW managers backstabbed the unions ten years ago.

Payback time.

(the fat lady is a-humming for the folks in Eagan....)

im glad to see that you agree with me on this point but one thing is I dont post any gibberish things just as I see how fit.

 

[UAL_TECH]

http://www.startribune.com/1778/story/631978.html

Airlines, U.S. ask court to bar NWA strike
Tom Becker, Bloomberg News

The U.S. Justice Department and more than 20 airlines asked a judge to block a flight attendants strike at Northwest Airlines, saying a work stoppage would disrupt transportation and hurt the economy.
The companies and the government filed friend-of-the-court papers Wednesday backing Northwest's appeal of U.S. Bankruptcy Judge Allan Gropper's refusal to stop a strike. A walkout could cause the company's liquidation and the loss of 34,000 jobs, the airline has said.

"It is beyond doubt that a labor strike by the flight attendants of Northwest Airlines would cause serious disruptions not only to Northwest's operations, but to the air transportation system generally," the government said in a filing in U.S. District Court in New York. "The United States has a vital interest in this matter."

U.S. District Judge Victor Marrero is to consider the appeal Friday at a hearing, just hours before the flight attendants union at Northwest says it will begin scattered work stoppages.

While the two sides await that hearing, chances for new talks appeared to dwindle Wednesday, as the Association of Flight Attendants (AFA) sent home its negotiators.

"We are ready to go into bargaining sessions with the airline, but right now they are not seemingly interested in talking," said Ricky Thornton, an AFA spokesman.

But Northwest is available to resume negotiations, spokesman Kurt Ebenhoch said of the Eagan-based company.

"The lines of communication between the AFA and Northwest are open," he said.

In their court filing, the airlines said Gropper should have blocked the strike because Northwest and the union, which represents the airline's 9,300 flight attendants, are in mediation sessions with the National Mediation Board (NMB).

Gropper's "decision is grievously mistaken, and its reach will have unprecedented and potentially disastrous consequences" for all airlines and the economy, the Air Transport Association of America and the Airline Industrial Relations Conference said in a filing. The organizations represent more than 20 U.S. airlines, including bankrupt Delta Air Lines and other Northwest competitors.

The government and the airlines said the Railway Labor Act, a federal law governing labor relations in the airline and railroad industries, requires a release from the mediation process before a strike.

"The NMB has not released them from mediation, and therefore had not permitted them to engage in self-help," the airlines said. The Justice Department echoed that statement, saying, "Neither party has been released from mediation."

Besides Atlanta-based Delta, airlines supporting Northwest include Continental, JetBlue, United and Southwest.

"Of course we disagree, and so far the courts have disagreed," David Borer, a lawyer representing the union, said in an interview. "Judge Gropper ruled very clearly that we have the right to strike and that the court does not have the authority to issue an injunction. We expect the same result Friday."

The union has said it will strike because Gropper in July authorized Northwest to impose $195 million in annual pay and benefit cuts as part of a plan to shave $1.4 billion in labor expenses. Northwest has said a strike would violate the Railway Labor Act.

Northwest asked Gropper to block a strike. He denied that request Thursday, and Northwest appealed the next day.

I don't get it...these airlines are passing up on a chance to increase their revenue by adding passengers who would book away from NW because of CHAOS. :blink:

It is apparent that the ATA is trying to wield their influence in contract negotiations between the AFA and NW.
Collusion sucks! :down: :down: :down:

I have a very bad feeling that Dubya is going to come up with another one of his Presidential Emergency Board decrees...maybe that's one of the contingency plans that NW keeps referring to... :unsure:

No surprise. Why does the ATA exist? For the betterment of US Aviation? Not hardly. Of course there cannot be collusion but we all know there is. :down:

By rendering this challenge of the courts (which none of us have done) it will make it easier the next time they are in BK and are faced with this issue. Render it immaterial and illegal now and a precedence is set to make their rape of the NWA FAs and the future rape of the rest of us as legal and justifiable.

UT

 

[UAL_TECH]

We know who rules the roost now, don't we? :rant: