NMB finds potential interference by afa-CWA

aislehopper

Senior
Aug 20, 2002
331
9
This is an e-mail that we received from management. Joanne Smith is our VP In-Flight Service. Apparently, the NMB believes that the afa-CWA may not be playing fair.

I went to the NMB website, and a letter is there. If you want to read the letter for yourself, visit NMB Letter about afa-CWA Interference"

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NMB Rulings on Election Issues

By Joanne Smith

With the voting window quickly coming to a close, the AFA has engaged in several inappropriate actions in hopes of winning votes. I am happy to report, however, that as a result of Delta challenging the AFA's improper actions, the National Mediation Board (NMB) has issued a ruling concluding that AFA's conduct violated the NMB's rules and is evidence of interference. The NMB has also issued a ruling rejecting the AFA's request to exclude flight attendants on furlough status and many others from having a say as to whether they want AFA representation.

NMB's Ruling on AFA Compromising the Security and Integrity of the Internet Voting Process

Last week, AFA began sending unsolicited e-mail messages titled "Voting Instructions" to large numbers of flight attendants on a "blast" basis. Those e-mails included a "hyperlink" to the NMB's voting Web site with instructions to click on the link that would submit a vote for the AFA. (A hyperlink, when viewed and clicked on a computer, takes the viewer directly to another internet site.) When the AFA engaged in similar conduct in a prior election at Compass Airlines (which the AFA lost), the NMB issued a notice stating that publishing a hyperlink to the NMB's voting Web site could compromise the integrity of the election process and would be considered evidence of interference.

So, when flight attendants brought the AFA's e-mails to our attention, Delta sent a letter to the NMB asserting that the AFA's emails constituted misconduct and asked the NMB to order the AFA to immediately cease publishing hyperlinks.

Although the NMB typically does not address interference charges until after an election is over, they said it was necessary to address this claim immediately "because of concerns that the appearance of the Board's impartiality may have been compromised."

The NMB ruled that the AFA's publishing of a hyperlink in a message showing the NMB logo and a photo of the NMB's voting Web site "has significant potential to mislead employees into believing that the material is an official statement of the NMB" and to mislead employees into believing that the NMB endorses participating in this election. As a result of the AFA's misconduct, the NMB required that Delta post a notice to flight attendants stating the NMB never takes a position on how or whether anyone should vote and that the official voting instructions come directly from the NMB and not from any other party. The NMB also stated that "NMB elections are conducted by secret ballot and that the confidentiality of the voting process must be maintained."

Despite the NMB's statement about honoring the confidentiality of the voting process, the AFA continues to call flight attendants and demands to know whether or not they have voted for AFA. In fact, the AFA is now going even further and stating that they will not leave flight attendants alone until everyone on their list says that they have voted for the AFA and confirms it in an e-mail to AFA.

Delta has now alerted the NMB to the AFA's repeated abuse of the NMB's rules on confidentiality. Your decision whether to vote for AFA or not vote so Delta flight attendants can remain union-free is your personal choice. Neither the AFA nor Delta has the right to ask how you voted or to request that you notify them after voting. The difference is that Delta respects your rights.

NMB's Ruling on AFA's Challenges to Delta's List of Voters

We previously advised you that the AFA filed challenges asking the NMB to exclude many categories of Delta flight attendants from the roster of eligible voters. The AFA wanted to exclude the following categories from having a voice:

• Furloughed flight attendants - the AFA asked the NMB to rule that Delta flight attendants on furlough status no longer have a valid employment relationship with Delta

• Flight attendants on disability status - the AFA asked the NMB to rule that flight attendants on disability status do not have a legitimate expectation of returning to work

• Flight attendants who volunteer for special assignments - the AFA claimed that those flight attendants are really part of management and should not have a voice in the election

• Flight attendants in training who completed their IOE before the NMB ruled that there would be an election - the AFA asserted that the NMB's rules made those employees ineligible

We are pleased to report that the NMB has rejected AFA's request to exclude flight attendants on furlough, flight attendants on disability (with one exception based on the denial of disability status), and flight attendants who volunteered for special assignments, from having a voice in this election. The NMB also ruled that new hire flight attendants who completed their IOE before the January 31 cut-off date for eligibility will remain on the list of eligible voters, but that the NMB's longstanding rules preclude from eligibility those who had not completed their IOE by the cut-off date. We had asked the NMB to change its rules regarding the cut-off date, but they ruled that they would not do so in the middle of an election. All in all, this is a very positive ruling for Delta flight attendants.

DID YOU KNOW?

Now Northwest flight attendants are stopping Delta passengers at the Atlanta airport to hand out AFA-sponsored materials. The NWA flight attendants are asking Delta passengers to distribute their materials to flight attendants on the aircraft. The passengers do not know these people are not

Delta employees. It appears that AFA is already attempting to create chaos at Delta.
 
This is an e-mail that we received from management. Joanne Smith is our VP In-Flight Service. Apparently, the NMB believes that the afa-CWA may not be playing fair.

I went to the NMB website, and a letter is there. If you want to read the letter for yourself, visit NMB Letter about afa-CWA Interference"

-----------------------


• Furloughed flight attendants - the AFA asked the NMB to rule that Delta flight attendants on furlough status no longer have a valid employment relationship with Delta

• Flight attendants on disability status - the AFA asked the NMB to rule that flight attendants on disability status do not have a legitimate expectation of returning to work

• Flight attendants who volunteer for special assignments - the AFA claimed that those flight attendants are really part of management and should not have a voice in the election

• Flight attendants in training who completed their IOE before the NMB ruled that there would be an election - the AFA asserted that the NMB's rules made those employees ineligible
I brought this up before. Instead of the AFA being so worried on HOW everyone votes,
they should be more concerned that EVERYONE GETS a vote.
 
Well one thing I gather from this is, that it certainly looks like the DL(ONLY) F/A's have a real shot of unionizing on their own.

Should AFA get(say) a 40% yes vote from DL(only),..it will be a "NO BRAINER" once the second election comes around with the BIG RED(machine) F/A's included :up: :up: :up:
 
Well one thing I gather from this is, that it certainly looks like the DL(ONLY) F/A's have a real shot of unionizing on their own.

Should AFA get(say) a 40% yes vote from DL(only),..it will be a "NO BRAINER" once the second election comes around with the BIG RED(machine) F/A's included :up: :up: :up:

How many F/A's at NW will be left come the merger? Alot can happen between now and then ;-)
 
How many F/A's at NW will be left come the merger? Alot can happen between now and then ;-)

Acc. to JoAnne Smith on the "OUR DELTA" website, the NMB may grant the combined group another election even if NW FA's population falls a little below the 35% threshhold. It gives an example of them falling to 33% of the total group...then all that would be required is another 2% of cards signed.....that would be about 400FAs. That could easily be done in a week. So I wouldn't count on there not being another election unless the powers-that-be have something really diabolical in mind to thin out the ranks.

As for the subject matter, I'm surprised that AFA in D.C. wasn't more aware of these paticular requirements for laboratory conditions. But, of course, we've seen DL ignoring the laboratory conditions as has been pointed out in Congressional testimony. And with that being said, if you read the letter, the NMB also seems to give Delta Mgt. a "slap on the wrists", a kind of warning, in the last paragraph.
 
As for the subject matter, I'm surprised that AFA in D.C. wasn't more aware of these particular requirements for laboratory conditions. But, of course, we've seen DL ignoring the laboratory conditions as has been pointed out in Congressional testimony. And with that being said, if you read the letter, the NMB also seems to give Delta Mgt. a "slap on the wrists", a kind of warning, in the last paragraph.

The NMB last part of the letter reads:

Both Delta and AFA are reminded of the need to maintain laboratory conditions until the Board concludes its investigation.

Because the Board does not find extraordinary circumstances that would require Board action at this time, any allegations regarding conduct during the election period will be addressed, if appropriate, at the end of the voting period consistent with the Board’s usual practice.
By direction of the NATIONAL MEDIATION BOARD.​

It does not read like a slap at Delta. This was aimed at the afa. If there was potential Delta interference, the NMB would have made its position abundantly clear like it did for the last election.

My guess is that the afa in DC is not worried about this because unions are given more latitude by the NMB to cross the line without penalty. Therefore, there is little downside for the afa other than a PR setback.
 
So I wouldn't count on there not being another election unless the powers-that-be have something really diabolical in mind to thin out the ranks.

Diabolical? or the fact that oil is trading at $127? Again, NW has already stated
they have more (mainline)
a/c retirements coming up than Delta. Look for many more
to be announced by the end of summer.

Can any AFA cheerleader respond to the points of not wanting to allow a large
portion of F/A's to even vote? aside from 'Thats how its always been done."
 
The NMB last part of the letter reads:

Both Delta and AFA are reminded of the need to maintain laboratory conditions until the Board concludes its investigation.

Because the Board does not find extraordinary circumstances that would require Board action at this time, any allegations regarding conduct during the election period will be addressed, if appropriate, at the end of the voting period consistent with the Board’s usual practice.
By direction of the NATIONAL MEDIATION BOARD.​

It does not read like a slap at Delta. This was aimed at the afa. If there was potential Delta interference, the NMB would have made its position abundantly clear like it did for the last election.

My guess is that the afa in DC is not worried about this because unions are given more latitude by the NMB to cross the line without penalty. Therefore, there is little downside for the afa other than a PR setback.

Actually, the paragraph I was referring to was the one before the last (under the Allegations of Carrier Interference heading) that reads:

Although the Board has found that carriers have the right to communicate with their employees during election campaigns, this right is not without limit ,and even conduct which is otherwise lawful may justify remedial action when it interferes with a representation election...Both Delta and AFA are reminded of the need to maintain labaratory conditions until the Board concludes its investigation.

Secondly, can you back up your assertion that unions are given more latitude by the NMB to cross the line without penalty? This was just the opposite case back in 2002. Delta was given a pass even though many counts of interference were filed. Your assertion is certainly not based in recent history. Also, this is an NMB under an 8 year Republican Administration. Republicans aren't big supporters of unions.
 
Actually, the paragraph I was referring to was the one before the last (under the Allegations of Carrier Interference heading) that reads:

Although the Board has found that carriers have the right to communicate with their employees during election campaigns, this right is not without limit ,and even conduct which is otherwise lawful may justify remedial action when it interferes with a representation election...Both Delta and AFA are reminded of the need to maintain labaratory conditions until the Board concludes its investigation.

Secondly, can you back up your assertion that unions are given more latitude by the NMB to cross the line without penalty? This was just the opposite case back in 2002. Delta was given a pass even though many counts of interference were filed. Your assertion is certainly not based in recent history. Also, this is an NMB under an 8 year Republican Administration. Republicans aren't big supporters of unions.
The leadership of the NMB is appointed by the president... I'm trying to remember the last time that the NMB found that a company interferred in anything.
 
The current composition of the NMB is the more 'anti-union' than at any point in our history. In fact, many of the ridiculous rulings coming down from the 3 member board go against 80 plus years of precedence. Bush's most recent appointee, Read Van De Water, is responsible for the most recent ruling whereby a full week was knocked off the voting process for Delta FAs (instead of having 6 weeks to vote, like the 50 or so Compass FAs had, she knocked it down to 5 weeks for the Delta FAs - which have nearly 14,000 FAs). When you consider the fact that Van De Water was previously employed by "NORTHWEST AIRLINES" as legislative legal counsel, where she will draw a pension, you start to see the picture more clearly.

The current NMB is typical Bush government -- appoint "foxes" to oversee the governement hen-houses.

This latest notice from the NMB is hardly something to jump up and down about (unless you are already anti-union and want to hype it as something bigger than it is). Using a hyperlink to help voters go to the voting site is not some major crime. Initially, the NMB issued a directive (during the Compass election) that they were afraid that a "script" could be used to track someone who voted, so they asked that it not be used on a webpage. Fine -- we complied. Then, we decided that we'd only use it in the body of an email to remind some voters to vote. Delta then screamed bloody murder - citing the prior notice. The NMB decided to support Delta on this, even though there is no possible way that an email (without an imbedded script) can record whether or where a voter may go to vote. It's a totally stupid argument - and unless there was evidence that someone actually imbedded such a script (which nobody at AFA has), it is nothing more than another example of the NMB's complicit "love affair" with the corporate leaders of NWA and Delta. It amounts to nothing more than a "voter suppression" effort. They don't want to see this made ANY EASIER than they have to. It flies in the face of the creation of the NMB - and conflicts with the intent that Congress created when they wrote the law (mainly that workers should be ENCOURAGED to vote for the union if they want one).
 
The following was from another web site.. Interesting read....




---------------------------------------------

As the Delta AFA Activists organized a rally at our Atlanta parking lot, we too made our statement and stood up for our rights to remain union-free. It was a really rainy day and we all ended up getting soaked to the bone, but we held to our resolve and let the AFA know that this vote will not succeed without heavy resistance from the Delta family. I was really disappointed in the AFA's display of disrespect and lack of professionalism at today's rally. Around 200 people showed up for their rally, 98% of which were not employees of Delta Air Lines. These people were from various Georgia union groups, flight attendants and pilots from Northwest and United, and others. They came to gain support for the AFA campaign through a loud obnoxious display. Only 4 or 5 Delta flight attendants were there to support the pro-AFA campaign.

As the Delta flight attendants stood on the corner in full uniform defending our airline, we were insulted, yelled at, and were victims of profanity and disrespect. This is the type of non-sense that union's cause at companies. They turn people against each other and if you don't agree with their views, you are treated as though you are dirt. As we stood there in defense of our unique culture, we all knew we had to remain professional and respectful. We held our signs that expressed that we were against an AFA-Delta and received many, many shows of support from various workgroups of Delta Air Lines. We stood in the pouring down rain and defended our company the best way we could. We are professionals and acted as such today. We will not let the union rhetoric turn us into a negative work-force.

After today, I know more than ever that Delta is better off without unions. I feel it in my heart that if unions enter Delta Air Lines, the Spirit of Delta will no longer be a part of our culture. It made me sick to see people from various other companies and unions holding signs that said.. "Vote! Make Delta Our Delta!". I am sorry folks, but Delta is not YOUR Delta and it never will be. We cannot let them take our spirit away and destroy our airline.

As I sit here looking at my rain-soaked uniform that is hanging to dry, it brings a tear to my eye. Today my uniform might have gone through a rough day in the rain, but it will continue to weather the storm with confident resolve until this fight is over. This company is MY DELTA, This company is YOUR DELTA, This company is NOT afa-CWA's Delta.

Do not Vote, Do not Call, Do not Click!

Proud to be a non-union Delta Flight Attendant!

Very Sincerely,

Joseph Jeffers

Delta Flight Attendant (Former UAL F/A)

NYC
 
The current composition of the NMB is the more 'anti-union' than at any point in our history. In fact, many of the ridiculous rulings coming down from the 3 member board go against 80 plus years of precedence. Bush's most recent appointee, Read Van De Water, is responsible for the most recent ruling whereby a full week was knocked off the voting process for Delta FAs (instead of having 6 weeks to vote, like the 50 or so Compass FAs had, she knocked it down to 5 weeks for the Delta FAs - which have nearly 14,000 FAs). When you consider the fact that Van De Water was previously employed by "NORTHWEST AIRLINES" as legislative legal counsel, where she will draw a pension, you start to see the picture more clearly.

The current NMB is typical Bush government -- appoint "foxes" to oversee the governement hen-houses.

This latest notice from the NMB is hardly something to jump up and down about (unless you are already anti-union and want to hype it as something bigger than it is). Using a hyperlink to help voters go to the voting site is not some major crime. Initially, the NMB issued a directive (during the Compass election) that they were afraid that a "script" could be used to track someone who voted, so they asked that it not be used on a webpage. Fine -- we complied. Then, we decided that we'd only use it in the body of an email to remind some voters to vote. Delta then screamed bloody murder - citing the prior notice. The NMB decided to support Delta on this, even though there is no possible way that an email (without an imbedded script) can record whether or where a voter may go to vote. It's a totally stupid argument - and unless there was evidence that someone actually imbedded such a script (which nobody at AFA has), it is nothing more than another example of the NMB's complicit "love affair" with the corporate leaders of NWA and Delta. It amounts to nothing more than a "voter suppression" effort. They don't want to see this made ANY EASIER than they have to. It flies in the face of the creation of the NMB - and conflicts with the intent that Congress created when they wrote the law (mainly that workers should be ENCOURAGED to vote for the union if they want one).

Exactly, Danny. This is what makes aislehopper's claim so ridiculous. But it doesn't surprise me.
 
The following was from another web site.. Interesting read....




---------------------------------------------

As the Delta AFA Activists organized a rally at our Atlanta parking lot, we too made our statement and stood up for our rights to remain union-free. It was a really rainy day and we all ended up getting soaked to the bone, but we held to our resolve and let the AFA know that this vote will not succeed without heavy resistance from the Delta family. I was really disappointed in the AFA's display of disrespect and lack of professionalism at today's rally. Around 200 people showed up for their rally, 98% of which were not employees of Delta Air Lines. These people were from various Georgia union groups, flight attendants and pilots from Northwest and United, and others. They came to gain support for the AFA campaign through a loud obnoxious display. Only 4 or 5 Delta flight attendants were there to support the pro-AFA campaign.

As the Delta flight attendants stood on the corner in full uniform defending our airline, we were insulted, yelled at, and were victims of profanity and disrespect. This is the type of non-sense that union's cause at companies. They turn people against each other and if you don't agree with their views, you are treated as though you are dirt. As we stood there in defense of our unique culture, we all knew we had to remain professional and respectful. We held our signs that expressed that we were against an AFA-Delta and received many, many shows of support from various workgroups of Delta Air Lines. We stood in the pouring down rain and defended our company the best way we could. We are professionals and acted as such today. We will not let the union rhetoric turn us into a negative work-force.

After today, I know more than ever that Delta is better off without unions. I feel it in my heart that if unions enter Delta Air Lines, the Spirit of Delta will no longer be a part of our culture. It made me sick to see people from various other companies and unions holding signs that said.. "Vote! Make Delta Our Delta!". I am sorry folks, but Delta is not YOUR Delta and it never will be. We cannot let them take our spirit away and destroy our airline.

As I sit here looking at my rain-soaked uniform that is hanging to dry, it brings a tear to my eye. Today my uniform might have gone through a rough day in the rain, but it will continue to weather the storm with confident resolve until this fight is over. This company is MY DELTA, This company is YOUR DELTA, This company is NOT afa-CWA's Delta.

Do not Vote, Do not Call, Do not Click!

Proud to be a non-union Delta Flight Attendant!

Very Sincerely,

Joseph Jeffers

Delta Flight Attendant (Former UAL F/A)

NYC

I've seen this. It's like he's performing on a soap opera or a novella...quite melodramatic.
BTW, I think it's against this board's rules to post an individual's writing with his/her name without providing a link.
Or as you so often put it: Link?