If a merger occurs what will be most important to the majority of AA union members?
Last December, the CWA filed a request with the National Mediation Board to hold an election for the Passenger service agents at AA. At the time, the board required a “showing of interest” from at least 35 percent of the eligible employees who wanted a union vote.
The board determined the union gathered sufficient signature cards from employees to call the election, and ordered American to submit a list of names and addresses of eligible employees.
American refused and filed a lawsuit in U.S. District Court in Fort Worth to block the election, citing legislation passed in February that required at least 50 percent of eligible voters to express interest for the board to call an election. AA sued the Mediation Board
The U.S. Department of Justice argued for the National Mediation Board. Court of Appeals should dismiss American Airlines’ request to rehear the court’s unanimous decision supporting agents’ right to vote for representation, and issue an immediate mandate for the district court to throw out the suit and allow the election to proceed
U.S. senators sent a letter to AMR CEO Tom Horton disputing the company’s basis for filing the lawsuit, saying an amendment to the FAA authorization bill was not intended to be retroactive to cover elections already filed before the NMB, including our election.
The appeals court declared that the board was correct to allow a union election based on the rule in place when the CWA requested an election (requiring interest from at least 35 percent of eligible employees).
AA has wasted nearly $2 million on legal actions to stop them from voting. CWA filed for a election almost a year ago “What are they afraid of? delaying the election while putting employees through layoffs, outsourcing and downgrading.
Five legal firms have been hired to work on labor law against CWA.
AA refused to turnover eligible names and addresses to the National Mediation Board (NMB) as ordered. AA contends that CWA should be held to a 50 percent card-signing mandate, which was attached to the longterm FAA spending bill that passed Congress in February 2012. CWA filed under the 35 percent rule, which was in effect in December 2011.
AA filed a lawsuit against the NMB to stop CWA first scheduled election in May 2012. The U.S. Department of Justice ruled it meritless.
A second election was scheduled by the NMB for June 2012. AA filed another lawsuit against the NMB.
AA prevailed in federal court in June 2012, when a Texas Judge Terry Means basically legislated from the bench, stating we have to be held to the “new” standard. The DOJ filed an expedited appeal in federal court on behalf of the NMB. Despite three separate letters sent to CEO Tom Horton, including from the authors of the amended FAA bill, various senators and members of Congress, AA still contends that the “new” standard should apply.
American Airlines agents will vote for representation beginning Dec. 4, and ending Jan. 15, 2013. American Airlines management has indicated that it would appeal the decision to the U.S. Supreme Court, threatening to continue its frivolous legal actions.
Passenger service agents at USAirways may end up without union representation if AA gets it way
