McCaskill-Bond provision

whaledriver

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Jan 20, 2003
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McCaskill-Bond


Pilots' union opposes arbitration in airline mergers
DALLAS — The union representing American Airlines pilots said Friday it opposes a new law that allows use of binding arbitration to settle disputes over seniority when two carriers merge.

The Allied Pilots Association said Congress shouldn't get involved in labor negotiations. The union represents 12,000 pilots at American, the nation's largest airline.

Sens. Claire McCaskill, D-Mo., and Kit Bond, R-Mo., proposed that in future airline mergers, employee seniority lists must be combined in a "fair and equitable manner." Disputes over seniority would be referred to binding arbitration after 20 days.

The Missouri lawmakers attached their proposal to a $555 billion catchall spending bill that President Bush signed last month.

It's a sensitive issue in Missouri, which was the home of TWA until it was acquired in 2001 by American's parent, AMR Corp. American's flight attendants' union put TWA workers near the bottom of combined seniority lists, making the TWA veterans the first to be laid off when American cut thousands of jobs after the 2001 terror attacks.

American has recalled hundreds of ex-TWA flight attendants in recent months, but more than 2,000 others are still on furlough.

The McCaskill-Bond provision wouldn't affect the TWA-American merger from 2001, but reports of possible future mergers have swirled around U.S. carriers in recent months.


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McCaskill-Bond


Pilots' union opposes arbitration in airline mergers
DALLAS — The union representing American Airlines pilots said Friday it opposes a new law that allows use of binding arbitration to settle disputes over seniority when two carriers merge.

The Allied Pilots Association said Congress shouldn't get involved in labor negotiations. The union represents 12,000 pilots at American, the nation's largest airline.

Sens. Claire McCaskill, D-Mo., and Kit Bond, R-Mo., proposed that in future airline mergers, employee seniority lists must be combined in a "fair and equitable manner." Disputes over seniority would be referred to binding arbitration after 20 days.

The Missouri lawmakers attached their proposal to a $555 billion catchall spending bill that President Bush signed last month.

It's a sensitive issue in Missouri, which was the home of TWA until it was acquired in 2001 by American's parent, AMR Corp. American's flight attendants' union put TWA workers near the bottom of combined seniority lists, making the TWA veterans the first to be laid off when American cut thousands of jobs after the 2001 terror attacks.

American has recalled hundreds of ex-TWA flight attendants in recent months, but more than 2,000 others are still on furlough.

The McCaskill-Bond provision wouldn't affect the TWA-American merger from 2001, but reports of possible future mergers have swirled around U.S. carriers in recent months.


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So how does this new language help former TWA employees? If there is another merger at AA, an equitable manner disseminating seniority could negatively impact former TWA personnel more than help them.
 
It won't help the TWA folks one bit. If AA merges with NWA or ALK, those employees will wind up ahead of the TW folks, since it will be seen as a merger of equals as opposed to the fire sale acquisition that TWA was.

For a change, I agree with the APA. This was a dangerous precedent to be setting with regard to Congress meddling in the realm of collective bargaining. I don't think the various managements really care how seniority is dealt with, so they won't be doing anything to change this either way.
 
so how do you keep the gov't out when the statutes that govern collective bargaining are all federal???
 
so how do you keep the gov't out when the statutes that govern collective bargaining are all federal???


This is the process that the TWU and IAM agreed to when AA purchased TWA. The arbitrator, Kasher ruled what he deemed FAIR AND EQUITABLE, but this is still not acceptable to former TWA employees as well as original AAers. Fair and equitable does not necessarily mean a "dovetail" of seniority lists.

Kasker ruled based on a ratio of AA size in terms of size and revenue passenger miles as well as certain airports and overhaul bases.

Be careful what you wish for........
 
This is the process that the TWU and IAM agreed to when AA purchased TWA. The arbitrator, Kasher ruled what he deemed FAIR AND EQUITABLE, but this is still not acceptable to former TWA employees as well as original AAers. Fair and equitable does not necessarily mean a "dovetail" of seniority lists.

Kasker ruled based on a ratio of AA size in terms of size and revenue passenger miles as well as certain airports and overhaul bases.

Be careful what you wish for........
Yowza! I am trying to imagine the next group of employees. If Kasher was the arbitrator they could possibly have a different seniority date in every time zone. :blink:
 
And what makes you think that a different arbitrator wouldn't have come to a similar conclusion?
 
And what makes you think that a different arbitrator wouldn't have come to a similar conclusion?
Supposedly Kasher had a long history with the IAM but not with the TWU. Some feel that he ruled more favorably towards TWA. In any event the ruling was bizarre and it created something that nobody had ever sought where the same person ended up with several different occupational seniority dates within one classification dependant on location. The decision steered TWA employees to the high cost areas of the country with the exception of St Loius and MCI.

My personal belief is that the Kasher decision was really the creation of Art Luby and the TWU. Created by the TWU and bought off by the IAM, neither wanted to be held resposible so Kasher signed off on it. The intent was to create as much disruption in LAX and JFK because both stations had demonstrated militancy. Tulsa, DFW and other less militant stations were protected by the 4-10-01 provision.