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

PurduePete

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Jun 15, 2006
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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:
 
Good to see the Department of Justice keeping its priorities in order.

What happened, nothing to harass Microsoft about this week? :rolleyes:

Idiots.

Just for shits and giggles, where were the "Friends of the Court" petitions filed on behalf of bankrupt Independence Air?

Whats next, a TRO against sick calls?

Strange to see so many airlines standing up in favor of an injunction when you'd think they'd be hoping a major carrier would crater, removing a large number of seats from the market and improving yields.But I suppose the prospect of labor having an upper hand in any aspect of its dealings with management sends a cold shiver of fear through their hearts and they have to act as one here.
 
I was under the impression that the RLA stated once a contract is imposed the union is free to "self help"? Sounds like the ATA is unhappy with the RLA, and Dougie Stealin' is spending his bonus money bribing the feds.

I thought forced labor (slavery) ended years ago? Can't make the F/A's work under a forced contract is my view, so the strike or CHOAS is on in my opinion. No more following the rules when Scab Air doesn't have to. :down:
 
What a bunch of s**t! They can't have it both ways. If NWA AFA-CWA is not allowed to exercise self-help, then the ruling should include a return to the status quo (read old contract) and both parties go back to the bargaining table and hammer out a new tentative that is mutually agreeable to both sides so that it will survive a ratification vote by the membership. If AFA is blocked from striking, then everybody just needs to not show up for work...but not call it a strike!
 
http://www.startribune.com/1778/story/631978.html

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

....."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."......

....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....


Well the NMB has not released NW to IMPOSE a contract either - so NW is in violation of the RLA. NW lost all claims to NMB procedure when the judge let them IMPOSE their contract. And the judge, rightly so, allowed the AFA self help too. :up:
 
That is a weird position for the ATA. Since NW is a member, it makes sense to agree with NW's stance, but for the rest of their members, it would make sense to stay out of it since the other airlines would benefit from the strike. I don't think they should be involved.

ATA Mission and Goals

Mission
The Air Transport Association of America, Inc. (ATA) serves its member airlines and their customers by:

Assisting the airline industry in continuing to provide the world’s safest system of transportation
Transmitting technical expertise and operational knowledge to improve safety, service and efficiency
Advocating fair airline taxation and regulation worldwide to foster a healthy, competitive industry
Developing and coordinating industry actions that are environmentally beneficial, economically reasonable and technologically feasible

Goals
Founded in 1936, the Air Transport Association of America is the nation’s oldest and largest airline trade association. The association’s fundamental purpose is to foster a business and regulatory environment that ensures safe and secure air transportation and permits U.S. airlines to flourish, stimulating economic growth locally, nationally and internationally. By working with members in the technical, legal and political arenas, ATA leads industry efforts to fashion crucial policy and supports measures that enhance aviation safety, security and well-being.

ATA goals include:

Championing the world’s safest transportation system
Protecting airline passengers, crewmembers, aircraft and cargo, working collaboratively with the Department of Homeland Security (DHS) and the Transportation Security Administration (TSA)
Modernizing the U.S. air traffic management system via the Federal Aviation Administration (FAA)
Challenging government policies that impose unwise regulatory burdens or impinge on marketplace freedoms
Reducing the disproportionate share of taxes and fees paid by airlines and their customers
Improving the industry’s ability to attract the capital necessary to meet future demands
Shaping international aviation policy to ensure that U.S. and foreign carriers can compete on equal terms
During its 70-year history, ATA has seen the airline industry grow from the small, pioneering companies of the 1930s into facilitators of the global economy. ATA and its members continue to play a vital role in shaping the future of air transportation.
http://www.airlines.org/about/d.aspx?nid=9633

Bob, maybe you should place a call to your buddy Mr. Castelveter and see why the ATA is taking a position.
 
well if the f/as arent allow to do strikes, then it is very clear to me that the scum bum scum bags runnin scabby patch air CANNOT impose any dracula contract and therefore the entire mgmt should be expelled from runnin an airline ever again. Go AFA!
 
well if the f/as arent allow to do strikes, then it is very clear to me that the scum bum scum bags runnin scabby patch air CANNOT impose any dracula contract and therefore the entire mgmt should be expelled from runnin an airline ever again. Go AFA!


It appears that the old mutual aid pact is alive and well. This is unbelievable that other airline's mangt. would interject their opinions into this labor dispute...unless, they are afraid it will spill over into their own. That isn't likely given the airlines involved. Wow, we can agree and sign off on a CBA, decide that we want to abrogate, ask a pro-mangt judge for "help", unilaterally implement the changes and cry "foul" when those "harmed" say, "no". You have to love labor relations 2006. Sad to see that there isn't one shred of integrity left in today's management relationship with their employees.
 
given the Northwest (and thus the ATA and government) chose to endure the mechanics strike, I don't think they have much of an argument to now say that a flight attendant strike would be illegal.
 
Well the NMB has not released NW to IMPOSE a contract either - so NW is in violation of the RLA. NW lost all claims to NMB procedure when the judge let them IMPOSE their contract. And the judge, rightly so, allowed the AFA self help too. :up:

Exactly!! Where was the Justice Department when NW broke the RLA by imposting it's own contract? But hey, what can you expect from people that only believe in the contstitution when it just happens to support their view. What a joke!!!!!
 
Are these other carriers AFA? Perhaps everyone knows that CHAOS is inevitable and these other carriers do not want their flight attendants (and perhaps other employees who are in a position to use a similar tool) to see how powerful it could be.
 
Are these other carriers AFA? Perhaps everyone knows that CHAOS is inevitable and these other carriers do not want their flight attendants (and perhaps other employees who are in a position to use a similar tool) to see how powerful it could be.
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
 
It appears that the old mutual aid pact is alive and well. This is unbelievable that other airline's mangt. would interject their opinions into this labor dispute...unless, they are afraid it will spill over into their own.

That is their fear, but I think in this case it is unfounded. Why? Because the circumstances and factors involved in the current NWA situation is very unique with the Bankruptcy, the unilateral imposition of the contract and the fact that RLA does not appear to be applicable to this fact pattern.

I think the ATA and the other airlines should have stayed clear of this under these circumstances.
 
...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.
 

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