Tim,
I cited something that was posted from the AMFA website who obviously has had to deal with the issue of airline mergers as it affects their membership. Now I am more than willing to learn from another, especially in areas for which I have no expertise in the topic. However, retorting only towards with differing views as being "simply misinformed" or "you probably have no idea why it doesn't apply" while providing no citations of the law or even a related website which addresses McCaskill-Bond lends little creditability to your argument.
Frankly, even your discussion with Delaney on the matter might provide some insights to your understanding as to how McCaskill-Bond would not apply in the case of AA-US, but again... you provided nothing to support your position. Personally, I would not trust AA TWU leadership in handling seniority integration in even something remotely fair to the US side, so based upon my understanding of McCaskill-Bond and the relative size of AA to US FSAs, I would oppose dumping the IAM in favor of the TWU.
So Evinces Jester.
I know Jester, and I hear ya, but I was in the middle of eating a chilli dog when a few quoted post of mine came across my phone. I answered 'IAM member here' in a sorta truncated opinion based on the McCaskill Bond Act [MBA], but I hadn't the time to cite anything. I've also shut the football game off, and stopped scratching my balls on the couch, so I have some time to give a full response to explain to everyone how the MBA will have no effect on any US/Amr merger. To be sure, a response is needed since there are a few AGC's that I heard have been telling folks that MBA will certainly apply to US members. Even Say What seems to be 'off path'. Such AGC's are simply ignorant on the law. I don't mean that in a bad way but they are simply wrong. Me, being a professional organizer, I have had to deal with the MBA before in regards to mergers. At any rate, I have no problem if someone wants to copy and print this response since it is significant and there is nobody in the District leadership which is well versed on these items. The talk on the ramp is AMR so this post should be shared since it is a very hot topic current event.
The MBA truly was signed into law to help bring about the chance for 'more' fairness than the AA/TWA merger did. But it was carefully written insomuch that it wasn't intended to get in the way from representational disputes + internal union policies so there are exceptions in the MBA.
You did well to cite AMFA's cliff note version of the MBA but it is only a cliff note. It doesn't cite the exception clause that yields to internal union policies when both groups are in the same union. Therefore, let me explain a few cases and models that should help unpack what that means, and specifically what that will mean to our District's US membership.
1. The Airtran/Southwest merger. In this model, MBA does in fact apply. It applies to AMFA, the TWU, the IAM, the IBT, and a few other unions on the Airtran/Southwest property. It fits the AA/TWA model and is exactly the sorta thing that the MBA was drafted for. The reason why the MBA applies is because there are NO representational disputes, i.e., no union on airtran can file for an election with 35%+ support. Without a representational dispute, the MBA most certainly applies.
2. Continental/United merger: The MBA does not apply since there were representational disputes. In each case, a union could trigger a representational dispute because it had more than 35%. Notice, a representational dispute will force a choice between two unions. Correct? This will also be true with US/AMR fleet service since the IAM will represent about 6,400, and the TWU will represent around 9,000 or less. THere will be an election. Bottom line. The significance of an election is that after an election there will only be one union chosen. Thus, under the MBA, it does not apply when both sets of employees have the same union.
That brings up another interesting question in the process, i.e., what is the TWU internal union policy, and what is the IAM's?
The TWU has a 'fair and equitable' policy that is based on various things in various situations. The IAM's internal policy is date of hire, even though we know that date of hire can mean alot of different things.
More importantly, are the two contracts. The IAM has historically failed to negotiate any sacredity clauses to protect its members in mergers. Most IAM contracts simply have the lazy knee jerk, Alleghany Mohawk citations which simply do not go far enough. The TWU's seniority provisions in the AMR contract and the WN contract are very clear with sacredity, i.e., in the case of a merger, their members can not be affected adversely.
How will that apply in an AMR/US merger? What we know is that the MBA will not apply if the IAM triggers the 35%+. So, you won't be able to lean on the MBA. What we don't know is which union you will have and which leadership you will have.
If the TWU wins the presumed election, then they will most certainly be able to determine what is fair and equitable by applying it to the 'adversely affected' clause. I couldn't imagine that coming out < advantage US AIRWAYS fleet.
OTOH, what does a United airlines President have to lose if he/she has no US blood or seniority? Nothing against you Jester, but we have already seen how a UA President willingly dumped the east profit sharing into the westies hands. Yes, that benefitted the westies but maybe next time a UA union prez will give into seniority as opposed to profit sharing.
I should note that the seniority language in the TWU AMR contract may be subject to change in bankruptcy, so alot does remain to be seen presuming a merger.
regards,
Tim Nelson
edit: **** The MBA does NOT apply in the Airtran/Southwest merger for the ticket agents since they are already in the same union. Same with the stock clerks who are both IBT. end of edit***