AMFA FILES PROTEST WITH NMB

swamt

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AMFA's Appeal to NMB Determination (CASE NO. R-7365) Aug 20, 2013 - Posted by: AMFA National
August 20, 2013

BY FAX (202) 692-5085

Mary Johnson, General Counsel
National Mediation Board
1301 K Street, N.W., Ste. 250E
Washington, DC 20005

Re: NMB Case No. R-7365

Dear Ms. Johnson:

We write on behalf of the Aircraft Mechanics Fraternal Association (“AMFA”) to request that the National Mediation Board (“NMB”) not apply a one-year bar to organizing by Mechanics and Related Employees at American Airlines, Inc. (“American”) based on the imminent dismissal of the application of the International Brotherhood of Teamsters (“Teamsters”) in the above-referenced case. In our view, such a one-year bar would not only frustrate the democratic aspirations of American employees who have collected thousands of authorization cards in order to obtain representation by AMFA, but would also result in the NMB’s creation of a powerful ongoing incentive to resort to fraud as weapon in the union organizing context.

Through the latter part of 2012 and 2013, the Mechanics and Related Employees of American Airlines, Inc. (“American”) conducted a well-publicized campaign to obtain representation by the Aircraft Mechanics Fraternal Association (“AMFA”). By mid-May, 2013, these AA employees had, by their own calculation, collected sufficient cards to satisfy the National Mediation Board’s (NMB) majority showing of interesting requirement and were in the final stages of collecting additional authorization cards to provide an adequate safety margin.

On May 28, 2013, the Teamsters, by their own filing, preempted the American employees’ application on behalf of AMFA. Moreover, despite the fact that the NMB’s Representation Manual provides for intervention by other unions, an AMFA intervention application filed within 24 hours, with thousands of supporting authorization cards, was rejected by the NMB as untimely. Substantial evidence indicates that the democratic aspirations of thousands of American employees has been subverted by criminal fraud.

The incumbent Transport Workers Union (“TWU”), as part of its Challenges and Objections, dated July 23, 2013, submitted two declarations from professional organizers from the Teamsters Organizing Department that an International Teamster Organizer and Teamster Directors and Coordinators were involved in falsifying cards and other related documents. In the aftermath of the TWU’s submission of this evidence of fraud, the Teamsters have chosen to “voluntarily” withdraw their application to the NMB.

AMFA is the only labor union that constitutionally limits itself to representing the craft or class of Mechanics and Related Employees in order to avoid conflicts of interests. AMFA is a democratic organization whose officers are directly elected by the members and subject to recall by these same members. The Teamsters cast a wider net and utilize a more centralized system of governance. Over the years, the resulting ideological rivalry has been one of great intensity. It beggars the imagination that the Teamsters flawed filing was motivated by anything other than a desire to frustrate the AMFA representation drive.

Irrespective of the Teamsters motivations, the NMB has in its possession substantial evidence of Teamsters’ fraud and substantial evidence that this fraud has frustrated the democratic aspirations of thousands of American employees who supported AMFA. Pursuant to 29 CFR §1206.4, the NMB has the authority to decline to impose a one-year bar under unusual or extraordinary circumstances. If the existing circumstances – involving substantial evidence of fraud and the frustration of an imminent filing supported by thousands of American employees – do not qualify under this standard, it is difficult to imagine what circumstances would.

Of equal significance, however, is that the application of a one-year bar under these circumstances would give rise to a new NMB-sanctioned strategy – the use of a fraudulent application to frustrate a representation drive by a rival union.

In its July 23rd submission, the TWU characterized the fraud committed in this matter to constitute criminal conduct in violation of 18 USC § 1001(a). We concur and hereby request that the NMB refer this matter to the appropriate prosecutorial body. The persons responsible should be behind bars.

In order to protect American democracy and to take a stand against criminality, we respectfully request that the NMB not impose a one-year bar in this matter.

Sincerely,
George Diamantopoulos

cc: Service List
 
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BigMac

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With all sincerity .. Good luck AMFA.
If you want to win TULE over.. there must be more information on a daily basis. Too many people are threatened daily if they sway the AMFA direction. Hate to say this but you'll have to grind it in their brains and practically have to shove the truth down their throats. TULE hates change but if somehow they are made to understand the truth and get out of their blinded comfort zones. Maybe..just maybe AMFA will finally have their chance. It wont be easy. I work and know the people at TULE. Print and post the truth so much that it puts the TWU on their toes. They fought the IBT with everything they could think of. Make them fight harder by making mistakes against AMFA. Billboards, newsletters, public meetings etc. How bad do you want it? Throw it all in boys. Also educate all AMFA supporters by having weekly meetings. Because TWU members will have a million questions and one incorrect answer can make AMFA look foolish. It's impressive to see educated recruiters that don't have to go to a handful of their peers just to answer a simple question. Some of what I have posted is the obvious but I'm telling you right now. It's going to be damn hard to get these folks to get out of their comfort zones.
 
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MCI transplant

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With all sincerity .. Good luck AMFA.
If you want to win TULE over.. there must be more information on a daily basis. Too many people are threatened daily if they sway the AMFA direction. Hate to say this but you'll have to grind it in their brains and practically have to shove the truth down their throats. TULE hates change but if somehow they are made to understand the truth and get out of their blinded comfort zones. Maybe..just maybe AMFA will finally have their chance. It wont be easy. I work and know the people at TULE. Print and post the truth so much that it puts the TWU on their toes. They fought the IBT with everything they could think of. Make them fight harder by making mistakes against AMFA. Billboards, newsletters, public meetings etc. How bad do you want it? Throw it all in boys. Also educate all AMFA supporters by having weekly meetings. Because TWU members will have a million questions and one incorrect answer can make AMFA look foolish. It's impressive to see educated recruiters that don't have to go to a handful of their peers just to answer a simple question. Some of what I have posted is the obvious but I'm telling you right now. It's going to be damn hard to get these folks to get out of their comfort zones.
It would seem that the AMFA already has enough cards signed for an election. So at least some of those at TUL aren't intimidated by the TWU.
 
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Rogallo

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Better do it quick. The TWU convention is next month. There will be a change of leadership within the TWU and ATD. Therefore, Tulsa will once again be convinced the TWU is the greatest thing since sliced bread!!
 

xUT

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Dec 28, 2009
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SanFranFreako, KommieFornia
Good Luck!

After all the #### the twu did to these guys, they still support them.
Just like the ibt at UA.
They get #### on and ask for more.

As I said in the beginning, the ibt were spoilers brought in by twu nonetheless.

I would like to think different and had high expectations but the truth is AA M&R deserve the twu just as much as the UA M&R is deserving the ibt misrepresentation.

As Ron White said "You just can't fix stupid!"

B) xUT
 
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Thomas Paine

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With all sincerity .. Good luck AMFA.
If you want to win TULE over.. there must be more information on a daily basis. Too many people are threatened daily if they sway the AMFA direction. Hate to say this but you'll have to grind it in their brains and practically have to shove the truth down their throats. TULE hates change but if somehow they are made to understand the truth and get out of their blinded comfort zones. Maybe..just maybe AMFA will finally have their chance. It wont be easy. I work and know the people at TULE. Print and post the truth so much that it puts the TWU on their toes. They fought the IBT with everything they could think of. Make them fight harder by making mistakes against AMFA. Billboards, newsletters, public meetings etc. How bad do you want it? Throw it all in boys. Also educate all AMFA supporters by having weekly meetings. Because TWU members will have a million questions and one incorrect answer can make AMFA look foolish. It's impressive to see educated recruiters that don't have to go to a handful of their peers just to answer a simple question. Some of what I have posted is the obvious but I'm telling you right now. It's going to be damn hard to get these folks to get out of their comfort zones.
If Tulsa hates change they must be hating life. Change is coming to Tulsa and its not going to be to their liking. One thing they face is they are no longer top dog. Within a year Tulsa will no longer control representation or the contracts as their numbers continue to shrink.
 
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BigMac

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If Tulsa hates change they must be hating life. Change is coming to Tulsa and its not going to be to their liking. One thing they face is they are no longer top dog. Within a year Tulsa will no longer control representation or the contracts as their numbers continue to shrink.
And disperse to the lines. So better to change TULE now before they bump the lines.
 

chellow

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Sep 26, 2010
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And disperse to the lines. So better to change TULE now before they bump the lines.

Your dreaming if you think AA will let the whole of TUL to bump the line, not that you guys can't do the work, but it take time to get up to speed.

Change, what do you think will happen at TUL if the merger with USAir happens, that the TWU is pushing down our throat.
 

AMFAinMIAMI

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Jun 22, 2012
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Miami, Fl.
Bashing the Tulsa mechanics is not what needs to happen at this point. We the Amfa organizers have told the Tulsa guys during the burger burns and thru flyers, informational meetings, what is going on and what will happen. For the most part it all has come out one way or the other, as true.

Working together to replace the TWU is going to take the base stations as well as the line guys. Name calling is just going to keep us separated and have us end up with the TWU and possibly the IAM/TWU Assoc. if merger goes thru.

Tulsa and what ever happen there will be on the TWU. If AA does anything to that station it will be done because of the TWU, and its relationship with AA. If we switch to AMFA and AA closes or reduces the head count there, it will be no fault of AMFA's.

What ever is going to happen is already in the works with AA/US/TWU none will say but AA never looses, only the employees. Its time to take a chance, make a change or be stuck with the TWU forever.

The IBT lied to the Tulsa guys, committed fraud with cards so the accusations have said, turned in a number that was easily challenged by AA and the TWU. They the IBT spent lots of money, in an attempt to keep AMFA out of AA. It may have worked if the NMB keeps us from getting a vote/chance.

It's time all of you at Tulsa or who know some one there to let them know its not about line vs base. It's time for the TWU to go away. Time for us to stand as ONE group.
All that the NMB says can and will be represented by AMFA, need to sign a card, when the time comes again, send a msg to the Intl. that no matter who is the top guy at the TWU the Bobby G. Don V. and the rest need to go as well. All the way down the food chain of the TWU it is full of scammers that have used our dues to benefit themselves for yrs. The IGM at AA needs to change.

Lets hope that if the NMB gives us a chance to collect cards and resubmit them we all work together and make a swift showing to the TWU that the scam that they have perpetrated on the union members for yrs is going to come to an end.

AMFA at AA
 
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OP
S

swamt

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Oct 23, 2010
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Bashing the Tulsa mechanics is not what needs to happen at this point. We the Amfa organizers have told the Tulsa guys during the burger burns and thru flyers, informational meetings, what is going on and what will happen. For the most part it all has come out one way or the other, as true.

Working together to replace the TWU is going to take the base stations as well as the line guys. Name calling is just going to keep us separated and have us end up with the TWU and possibly the IAM/TWU Assoc. if merger goes thru.

Tulsa and what ever happen there will be on the TWU. If AA does anything to that station it will be done because of the TWU, and its relationship with AA. If we switch to AMFA and AA closes or reduces the head count there, it will be no fault of AMFA's.

What ever is going to happen is already in the works with AA/US/TWU none will say but AA never looses, only the employees. Its time to take a chance, make a change or be stuck with the TWU forever.

The IBT lied to the Tulsa guys, committed fraud with cards so the accusations have said, turned in a number that was easily challenged by AA and the TWU. They the IBT spent lots of money, in an attempt to keep AMFA out of AA. It may have worked if the NMB keeps us from getting a vote/chance.

It's time all of you at Tulsa or who know some one there to let them know its not about line vs base. It's time for the TWU to go away. Time for us to stand as ONE group.
All that the NMB says can and will be represented by AMFA, need to sign a card, when the time comes again, send a msg to the Intl. that no matter who is the top guy at the TWU the Bobby G. Don V. and the rest need to go as well. All the way down the food chain of the TWU it is full of scammers that have used our dues to benefit themselves for yrs. The IGM at AA needs to change.

Lets hope that if the NMB gives us a chance to collect cards and resubmit them we all work together and make a swift showing to the TWU that the scam that they have perpetrated on the union members for yrs is going to come to an end.

AMFA at AA
Good post. It's time for all the AA mechanics to unite, come together and remove the company union from the property. Even if the NMB declines AMFA to file or re-file, whatever you want to call it, before the one year is up, you guys still need to "unite for change" for the one year mark of June 2014. I think AMFA has a very good chance (better than 50/50), of getting another shot at a representational election at AA. This (I believe) will be the first time (that I know of) that this has been done. Also as AMFA has mentioned in their protest, they need to make a change to the rules where someone cannot just block by claiming they have enough cards, but knowingly do not, and then there is a one or two year ban on elections. I would suggest that (using the ibt/AMFA fiasco at AA as example) Since the teamsters were first to file, they get first chance to be on ballot. The NMB should still accept AMFA's cards. When it is found not enough cards were collected then the ibt is declined and the same process will now be conducted for AMFA. If the ibt was found to have enough cards, AND, the AMFA was found to have enough cards, then both should be placed on the ballot against the TWU. Unless I am missing something I think this would stop the fraudulent filings like the ibt has done. Just a thought. Does anyone know the process of getting a change to the NMB rules? It is something that is now brought to light, and I think it should be something that AMFA could work on after all this done. Good luck to you guys, hope you all can "unite for change" this year or next...
 

WNMECH

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Feb 5, 2012
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Has this been posted yet?



Letter to AA Mechanic and Related Regarding NMB Determination (CASE NO. R-7365)

Aug 21, 2013 - Posted by: AMFA National
Dear AA Mechanic & Related:

When the International Brotherhood of Teamsters (IBT) filed with the National Mediation Board (NMB) for a representation election at American Airlines in May, the company and the IBT effectively blocked AMFA from becoming your labor representative.

At 3:30 p.m. on the same day the IBT filed with the NMB, and in an almost unprecedented move, the company presented their employee eligibility list and sample signature cards to the NMB. That move by the company closed the window for AMFA, as the NMB rules require that any other union seeking intervenor status must submit their representation cards and accompanying documentation in person by no later than 4:00 p.m. on the day the company presents its documents. In this case it was impossible for any union, even those based in Washington, DC to comply in such a short time period.

Now fast-forward to today, and as it turns out, the IBT has forsaken their desire to represent you and caused the NMB to determine that this act bars the mechanics and related craft from seeking an election for an entire year. If the IBT gets their way, the effort that you made to seek new representation was for nothing, and would ultimately mean that you’ll never get back all those hours spent away from family and friends.

What first began as collusion between the IBT and TWU to halt AMFA’s momentum quickly became a power struggle between two industrial unions too consumed with their depraved conspiracy to properly represent you (Read the Forbes Article). In a rush to pad their membership rolls and greedily seek to be the sole representative at both American Airlines and US Airways prior to the merger, the IBT took away your chance for a fair and democratic election.

The IBT’s and TWU’s behavior, much like a petulant, impatient child, accomplished nothing for American’s mechanics and related craft. No improvements were made in representation; no improvements were made in workplace benefits or even work rules. Nothing but the cold realization that you were used as pawns in a misguided effort to destroy the chances of AMFA, the only truly democratic union for the class and craft, from representing you.

We believe that the TWU was fearful that they would lose their membership at American to AMFA and conspired with the IBT to keep AMFA off the ballot. We suspect that American Airlines produced their employee eligibility list so quickly because they too, were fearful of AMFA winning an election and coming on property. We expect such awful behavior from employers, but it is unforgivable coming from an organization that represents workers. An election should be about representing you, not about destroying fair competition.

AMFA is not going away. We care too much about making improvements in your lives. We value each and every one of you who supported us at American and we want to see you protected and properly represented. We have already filed a protest with the NMB demanding that the one year ban be lifted due to the “unusual and extraordinary circumstances” that have taken place (Read AMFA's Appeal).

When the time is right, we’ll have another chance. In the meantime, stay engaged and keep the faith.

In Solidarity,
AMFA National Executive Council
 

Thomas Paine

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And disperse to the lines. So better to change TULE now before they bump the lines.
Doesn't really matter. I don't think we will see people forced to the street but they may need to move if they want to keep their jobs. They wont be bumping, they will be filling vacancies and thanks to the Juniority system they will be offered places like NY and LAX (I believe we are the only Union workers that have such a setup). They are in for a shock. Places like New York and LAX have been hiring people off the street but I suspect the company would rather offer another early out than lay off workers with no sick bank and only a week of vacation. The line headcount will likely be pretty steady, any reduction will be through volunteers but Tulsa will likely continue to shrink as it has been at varying rates since 2003. At one time Tulsa could outvote all the line and AFW put together, that has not been the case for a while, and soon Tulsa wont even be able to outvote the line. As the old fleet leaves they will be taking the Tulsa jobs with them. The balance of power is shifting away from Tulsa, by the time the contract becomes amendable TULSA will be at its lowest point, greatly outnumbered by 567 and 591 and given the choice between re-staffing Tulsa with AO work or getting compensation in line with the industry how do you think they will vote?
 
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