IAM April 13th update

[Tim Nelson]

The following was pasted from iam141.org.
It represents a good update on the change of control grievance from Canale.

regards,

To : All US Airways IAM Fleet Service Members

Dear Sisters and Brothers:

On April 11, 2007 attorneys for the Machinists Union filed a motion in the United States District Court for the Eastern District of Virginia seeking an immediate injunction against US Airways that would compel the Change of Control arbitration to go forward. This motion follows on the complaint filed in that Court on February 21, 2007.

The District Court has scheduled a hearing for April 27, 2007 to determine whether it, or the Bankruptcy Court, has jurisdiction over US Airways’ refusal to arbitrate. If the District Court rules that it has jurisdiction, the IAM has asked that it immediately rule on our injunction request. If the District Court grants the IAM’s injunction motion, we will immediately seek to schedule an expedited arbitration of the Change of Control grievance.

US Airways has a contractual and statutory obligation to submit the Change of Control dispute to arbitration, but refused to do so at the last minute. A court injunction compelling arbitration is therefore necessary to fulfill the statutory requirements of the Railway Labor Act and to enforce our agreements.

US Airways is playing a very dangerous game. The airline is no longer under bankruptcy court protection, and the Machinists Union will use all legal measures necessary to enforce our contracts and act in the best interests of our membership.

Updates will continue to be provided as events occur.

In solidarity, we remain

S.R. (Randy) Canale
President & Directing General Chairman

 

[700AW]

Good news... and how did you beat "you-know-who" to posting this.....

 

[NevadaHP]

Well what took them so long to file this in the first place? From the west perspective I see the IAM doing nothing. Our local chair in LAS has agreed to the potential of letting the company get away from east vs. west metal to city pairings, whats west/east work without anything for the membership. I see no transition talks so why arent they negotiating a new contract for the west?

 

[philly rocks]

The company is dragging their feet. They pay top attorney's to play fish for them. Have you ever gotten a divorce ? Takes a long time HP Nevada. Can't screw with the court system. The company will pay the biggest legal fees (money owed to all of us) to get the change of control erased.

 

[NevadaHP]

so move on from transition talks to negotiations!! the company has stated they are in section 6, so lets negotiate, not in BK and get a contract that didnt come from a judge. for the west.

 

[700UW]

The IAM and the company are not in Section 6 negotiations, they are in talks to get a transition agreement, and talks equal negotiations.

And if you havent realized the company does not want to make a deal and both parties are waiting for the courts to rule on the status of the change of control grievance.

Both East and West will fall under the transition agreement CBA, there are no seperate negotiations for just the West.

You know instead of attacking the IAM, maybe you should take the time to educate yourself on the process.

 

[Dog Wonder]

Why is Express working the E 170 in CLT?

Saw one on E 2 this week.

 

[fanlube]

Why is Express working the E 170 in CLT?

Saw one on E 2 this week.

If I'm not mistaken the E-170 is now operated by I think Republic the E-190 is a mainline aircraft that is why the 170 is handled by Express and the 190 is mainline both aircraft look real similiar.

 

[BuffaloJoe]

If I'm not mistaken the E-170 is now operated by I think Republic the E-190 is a mainline aircraft that is why the 170 is handled by Express and the 190 is mainline both aircraft look real similiar.

The E170's are in Blue US Scheme The E190 in the New US Scheme, and the E175 are in the new US Express Scheme.

 

[Dog Wonder]

If I'm not mistaken the E-170 is now operated by I think Republic the E-190 is a mainline aircraft that is why the 170 is handled by Express and the 190 is mainline both aircraft look real similiar.

The 170 is flown by Republic, but mainline Ramp works it in PIT ad PHL. Why not in CLT?

 

[Tim Nelson]

The IAM and the company are not in Section 6 negotiations, they are in talks to get a transition agreement, and talks equal negotiations.

And if you havent realized the company does not want to make a deal and both parties are waiting for the courts to rule on the status of the change of control grievance.

Both East and West will fall under the transition agreement CBA, there are no seperate negotiations for just the West.

You know instead of attacking the IAM, maybe you should take the time to educate yourself on the process.

If the westies contract is up then they are in section 6 or should be in section 6. I understand what you're saying 700 that there will be a deal all inclusive but I think that is assuming a bit much in the future since US AIRWAYS seems intent on dragging out any greivance. I would guess that even if they lost the grievance and award that they would tie that up also. In the meantime, it seems the west should be in section 6 negotiations since there is no final transition. The final transition could take years and as you know, there doesn't ever have to be a final transition, so why not negotiate section 6's now for the west so you will be in position to argue for a release if things drag on for 3 more years. I'm just not convinced that US AIRWAYS wants a final transition. Westies should be in negotiations for the simple fact that their contract is up for ammendation. Sure, there won't be much movement, but in a few years of no movement, a case can be presented to the NMB for a possible release.

At any rate, taking dues from the west should obligate the IAM into section 6 negotiations unless they signed an agreement not to fight for section 6 negotiaitons for westies.
What am I missing?
regards,

 

[700UW]

Because the company is under no obligation to do section 6 because the TWU is no longer on the property since the NMB ruled single carrier status, everyone will be falling under the IAM CBA once transition negotiations are complete.

The IAM is only administering the old TWU CBA on the west side.

The arbitration is precedent setting so no matter what the outcome it will be over and nothing left to drag on.

And I seriously doubt the NMB would release for a strike since a transtion agreement is being negotiated and the old TWU CBA will be going away.

 

[700AW]

Because the company is under no obligation to do section 6 because the TWU is no longer on the property since the NMB ruled single carrier status, everyone will be falling under the IAM CBA once transition negotiations are complete.

The IAM is only administering the old TWU CBA on the west side.

The arbitration is precedent setting so no matter what the outcome it will be over and nothing left to drag on.

And I seriously doubt the NMB would release for a strike since a transtion agreement is being negotiated and the old TWU CBA will be going away.

if that is the case, doesn't that mean they would pursue sec 6. until a ta is reached, if they could get the west into pressuring the co. to negotiate a better cba than the east has at this time ( not waiting until '09 and beyond) then transition the east into it???

wait that means they would have to get of their_______ and do something

 

[Tim Nelson]

Because the company is under no obligation to do section 6 because the TWU is no longer on the property since the NMB ruled single carrier status, everyone will be falling under the IAM CBA once transition negotiations are complete.

The IAM is only administering the old TWU CBA on the west side.

The arbitration is precedent setting so no matter what the outcome it will be over and nothing left to drag on.

And I seriously doubt the NMB would release for a strike since a transtion agreement is being negotiated and the old TWU CBA will be going away.

That's not true about the relationship between single carrier status and representation. That I know.

Also, it's also not true about the arbitration. If there was an arbitration award, the company can still contest it and dispute it, so it is premature to say 'it will be over and nothing left'. We've seen arbitration awards go bye bye before. let's not give a company too much credit.

In the end, your opinion may make sense if things can get resolved 'soon', otherwise I would think the westies would have been better off in section 6 negotiations....which could happen and not barred by the NMB. FWIW: tansition talks can go on for years and nothing has to be signed, so if that's the company's angle then the union and company could not be further apart IMO.

regards,

 

[Charlie_Tuna]

The arbitration is precedent setting so no matter what the outcome it will be over and nothing left to drag on.

Of course I am stalking and cut and pasting but I can't stand by while you post false information again and again. Especially while you claim to be so authoritative in these matters.

While a aribitration ruling may be said to be binding there are incidences where a ruling can be overruled in court.

Per RLA.

") If any employee or group of employees, or any carrier, is aggrieved by the failure of any division of the Adjustment Board to make an award in a dispute referred to it, or is aggrieved by any of the terms of an award or by the failure of the division to include certain terms in such award, then such employee or group of employees or carrier may file in any United States district court in which a petition under paragraph (p) could be filed, a petition for review of the division's order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Adjustment Board. The Adjustment Board shall file in the court the record of the proceedings on which it based its action. The court shall have jurisdiction to affirm the order of the division, or to set it aside, in whole or in part, or it may remand the proceedings to the division for such further action as it may direct. On such review, the findings and order of the division shall be conclusive on the parties, except that the order of the division may be set aside, in whole or in part, or remanded to the division, for failure of the division to comply with the requirements of this chapter, for failure of the order to conform, or confine itself, to matters within the scope of the division's jurisdiction, or for fraud or corruption by a member of the division making the order. The judgment of the court shall be subject to review as provided in sections 1291 and 1254 of title 28."

RLA

II. JUDICIAL REVIEW OF DECISIONS MADE PURSUANT TO THE RLA
This Court may review Board determinations under the RLA only when: (1) the Board
failed to comply with the requirements of the RLA; (2) the Board exceeded its jurisdiction; or (3)
there was fraud or corruption by the Board. 45 U.S.C. § 153 First (q). The Supreme Court has
strictly limited the scope of review to these three items. See Union Pacific R.R. Co. v. Sheehan,
439 U.S. 89, 94 (1978). Thus, the decisions of RLA-created boards are subject to a standard of
review that has been characterized as “among the narrowest known to the law.â€￾ UPS, 2006 U.S.
App. LEXIS 10354, at *14 (6th Cir. April 26, 2006) (quoting Atchison, T. & S. F. R. Co. v.
Buell, 480 U.S. 557, 563 (1987)).

Court case trying to overrule binding aribitration ruling (Denied)

Sure it might not have ever happened before (overturned) and sure it would be near impossible to meet one of those 3 exceptions but can it happen? It most certainly can. Those are the facts.

As far as a ruling (arbitration) being precedent setting I have no clue what you are trying to say. Precedent setting for who?

Oh and still waiting for you to provide RLA and/or NMB and/or caselaw proof to your claim a union can strike if a court rules a dispute major. I am not talking about a normal major dispute concerning regular sections 6 talks. I am talking the other type major disputes ruled by the courts. You have had what a month to come up with something to refute my posts..but you can't find anything can you?