When will we strike?
The most frequently asked question is "When will we strike?" It depends on the details behind the Company motion to abrogate and the court’s ruling. Even then, resolution may be delayed. The US Airways judge abrogated the mechanics’ contract, but stayed his order pending a vote on the final offer before allowing the Company to impose its own terms. As I have said before, precedence does not establish the right to strike under the bankruptcy process. By that I mean it has never been attempted. Many unions make the threat but ultimately resolve their disagreements. This may be because the law is less clear on the right to self help under 1113 than it is under Section 6 of the Railway Labor Act (RLA). We must be cold blooded and look at our options before deciding our tactics. It does not appear logical that a judge would allow permanent contract changes and then allow a legal strike.
Going outside the box
Due to this lack of legal precedence to strike a company in Chapter 11, unions assume the right to strike. Citing the same lack of precedence, companies assume the position that 1113© is not a unilateral change, but is in fact an “authorized change by the court.†The companies argue that any strike is illegal in this context. Proceeding down a legal path at that point, we may be able to strike immediately but the issue could get bogged down in court. If court action denies the right to strike, then a Temporary Restraining Order (TRO) would most likely bar the AMFA National Director from calling a legal strike. Striking would require AMFA National to violate a TRO and call for actions. The members themselves would have to likewise violate a TRO and walk. While all this is hypothetical, it does have some thought provoking points. If we say “No†to any terms, and then subsequently have terms imposed, are we willing as a group to spontaneously walk out? Would there be enough support not only from inside AMFA-UAL, but also the other unions on the property? So far the pilot’s and flight attendant’s unions have reached a settlement [On April 8 the AFA rejected that settlement and now will be a party to the 1113© hearing on May 11]. The smaller unions have done the same. Because most are affiliated with the AFL-CIO, their leaders have made clear that they may not honor our picket lines if we go on strike. While not decisive, it is a factor we should consider.
The bottom line is we must be ready to do what it takes to forge a solid united front to achieve our goals. Solidarity among us is crucial in these difficult times. The Local 9 leadership is prepared to take whatever action we must to defend our rights and protect the contract. It is essential that we do so with our eyes wide open. The membership, as is AMFA’s philosophy, will make the final decision without a recommendation from the NC or other leadership bodies. This is the essence of democracy in action: individual members acting in concert with each other to make a decision with no small consequences either way.
Joseph Prisco, President Local 9
