WeAAsles is incorrect by all accounts. Trust me, I know this law and had MBA attorneys kicked off cases at AirTran/Southwest over it.
Yes, it was waived. Period. And yes, it can be waived as there are waivers inside the law. When both groups are represented by the same union, it waives it. The problem is compounded insomuch that we didn't vote on this Intermediate Collective Bargaining Agent which has exclusive rights to our negotiations [see it's challenge with the NMB over Peterson's remarks]. While we don't have to vote on this new labor organization, by law, there are some things that this new labor organization is doing and has done that I believe can be challenged BIGTIME, like violating our seniority rights. Further, nobody has been damaged yet as the list have not been integrated and a committee hasn't even been set up. It's a legal challenge, even without lawsuits. Our pilots have a framework as well as the CWA but it's taken a long time, and I believe our Pilots integration is going to an arbitrator this month, but not sure.
Another thing about this asshat organization, that nobody voted on, is that the constitution is illegal. Any labor organization that has exclusive bargaining rights has to have officer elections, by members or delegates in intermediate unions, the Association violates this by all accounts if you read our constitution. Plus, it violates our own collective bargaining as our bylaws were violated over bargaining rights. Notice, our district bylaws have our district responsible for bargaining, but Sito effed it all up and didn't even know he violated out bylaws. Morons, I have to waste my time to crack the whip on these absolute morons all the time.
I reminded INTL president Martinez that the Associaiton failed to address officer elections in its constitution and that he just can't be a dumb ass and leave it up to a tag team between two INTL presidents. He never responded so I contacted the DOL which is now investigating. Do you know this sham outfit didn't even file a LM2? And the organization isn't currently in the DOL database?