AMFA's Appeal to NMB Determination (CASE NO. R-7365) Aug 20, 2013 - Posted by: AMFA National
August 20, 2013
BY FAX (202) 692-5085
Mary Johnson, General Counsel
National Mediation Board
1301 K Street, N.W., Ste. 250E
Washington, DC 20005
Re: NMB Case No. R-7365
Dear Ms. Johnson:
We write on behalf of the Aircraft Mechanics Fraternal Association (“AMFA&rdquo
to request that the National Mediation Board (“NMB&rdquo not apply a one-year bar to organizing by Mechanics and Related Employees at American Airlines, Inc. (“American&rdquo based on the imminent dismissal of the application of the International Brotherhood of Teamsters (“Teamsters&rdquo in the above-referenced case. In our view, such a one-year bar would not only frustrate the democratic aspirations of American employees who have collected thousands of authorization cards in order to obtain representation by AMFA, but would also result in the NMB’s creation of a powerful ongoing incentive to resort to fraud as weapon in the union organizing context.
Through the latter part of 2012 and 2013, the Mechanics and Related Employees of American Airlines, Inc. (“American&rdquo conducted a well-publicized campaign to obtain representation by the Aircraft Mechanics Fraternal Association (“AMFA&rdquo. By mid-May, 2013, these AA employees had, by their own calculation, collected sufficient cards to satisfy the National Mediation Board’s (NMB) majority showing of interesting requirement and were in the final stages of collecting additional authorization cards to provide an adequate safety margin.
On May 28, 2013, the Teamsters, by their own filing, preempted the American employees’ application on behalf of AMFA. Moreover, despite the fact that the NMB’s Representation Manual provides for intervention by other unions, an AMFA intervention application filed within 24 hours, with thousands of supporting authorization cards, was rejected by the NMB as untimely. Substantial evidence indicates that the democratic aspirations of thousands of American employees has been subverted by criminal fraud.
The incumbent Transport Workers Union (“TWU&rdquo, as part of its Challenges and Objections, dated July 23, 2013, submitted two declarations from professional organizers from the Teamsters Organizing Department that an International Teamster Organizer and Teamster Directors and Coordinators were involved in falsifying cards and other related documents. In the aftermath of the TWU’s submission of this evidence of fraud, the Teamsters have chosen to “voluntarily” withdraw their application to the NMB.
AMFA is the only labor union that constitutionally limits itself to representing the craft or class of Mechanics and Related Employees in order to avoid conflicts of interests. AMFA is a democratic organization whose officers are directly elected by the members and subject to recall by these same members. The Teamsters cast a wider net and utilize a more centralized system of governance. Over the years, the resulting ideological rivalry has been one of great intensity. It beggars the imagination that the Teamsters flawed filing was motivated by anything other than a desire to frustrate the AMFA representation drive.
Irrespective of the Teamsters motivations, the NMB has in its possession substantial evidence of Teamsters’ fraud and substantial evidence that this fraud has frustrated the democratic aspirations of thousands of American employees who supported AMFA. Pursuant to 29 CFR §1206.4, the NMB has the authority to decline to impose a one-year bar under unusual or extraordinary circumstances. If the existing circumstances – involving substantial evidence of fraud and the frustration of an imminent filing supported by thousands of American employees – do not qualify under this standard, it is difficult to imagine what circumstances would.
Of equal significance, however, is that the application of a one-year bar under these circumstances would give rise to a new NMB-sanctioned strategy – the use of a fraudulent application to frustrate a representation drive by a rival union.
In its July 23rd submission, the TWU characterized the fraud committed in this matter to constitute criminal conduct in violation of 18 USC § 1001(a). We concur and hereby request that the NMB refer this matter to the appropriate prosecutorial body. The persons responsible should be behind bars.
In order to protect American democracy and to take a stand against criminality, we respectfully request that the NMB not impose a one-year bar in this matter.
Sincerely,
George Diamantopoulos
cc: Service List
August 20, 2013
BY FAX (202) 692-5085
Mary Johnson, General Counsel
National Mediation Board
1301 K Street, N.W., Ste. 250E
Washington, DC 20005
Re: NMB Case No. R-7365
Dear Ms. Johnson:
We write on behalf of the Aircraft Mechanics Fraternal Association (“AMFA&rdquo
to request that the National Mediation Board (“NMB&rdquo not apply a one-year bar to organizing by Mechanics and Related Employees at American Airlines, Inc. (“American&rdquo based on the imminent dismissal of the application of the International Brotherhood of Teamsters (“Teamsters&rdquo in the above-referenced case. In our view, such a one-year bar would not only frustrate the democratic aspirations of American employees who have collected thousands of authorization cards in order to obtain representation by AMFA, but would also result in the NMB’s creation of a powerful ongoing incentive to resort to fraud as weapon in the union organizing context. Through the latter part of 2012 and 2013, the Mechanics and Related Employees of American Airlines, Inc. (“American&rdquo
conducted a well-publicized campaign to obtain representation by the Aircraft Mechanics Fraternal Association (“AMFA&rdquo. By mid-May, 2013, these AA employees had, by their own calculation, collected sufficient cards to satisfy the National Mediation Board’s (NMB) majority showing of interesting requirement and were in the final stages of collecting additional authorization cards to provide an adequate safety margin. On May 28, 2013, the Teamsters, by their own filing, preempted the American employees’ application on behalf of AMFA. Moreover, despite the fact that the NMB’s Representation Manual provides for intervention by other unions, an AMFA intervention application filed within 24 hours, with thousands of supporting authorization cards, was rejected by the NMB as untimely. Substantial evidence indicates that the democratic aspirations of thousands of American employees has been subverted by criminal fraud.
The incumbent Transport Workers Union (“TWU&rdquo
, as part of its Challenges and Objections, dated July 23, 2013, submitted two declarations from professional organizers from the Teamsters Organizing Department that an International Teamster Organizer and Teamster Directors and Coordinators were involved in falsifying cards and other related documents. In the aftermath of the TWU’s submission of this evidence of fraud, the Teamsters have chosen to “voluntarily” withdraw their application to the NMB. AMFA is the only labor union that constitutionally limits itself to representing the craft or class of Mechanics and Related Employees in order to avoid conflicts of interests. AMFA is a democratic organization whose officers are directly elected by the members and subject to recall by these same members. The Teamsters cast a wider net and utilize a more centralized system of governance. Over the years, the resulting ideological rivalry has been one of great intensity. It beggars the imagination that the Teamsters flawed filing was motivated by anything other than a desire to frustrate the AMFA representation drive.
Irrespective of the Teamsters motivations, the NMB has in its possession substantial evidence of Teamsters’ fraud and substantial evidence that this fraud has frustrated the democratic aspirations of thousands of American employees who supported AMFA. Pursuant to 29 CFR §1206.4, the NMB has the authority to decline to impose a one-year bar under unusual or extraordinary circumstances. If the existing circumstances – involving substantial evidence of fraud and the frustration of an imminent filing supported by thousands of American employees – do not qualify under this standard, it is difficult to imagine what circumstances would.
Of equal significance, however, is that the application of a one-year bar under these circumstances would give rise to a new NMB-sanctioned strategy – the use of a fraudulent application to frustrate a representation drive by a rival union.
In its July 23rd submission, the TWU characterized the fraud committed in this matter to constitute criminal conduct in violation of 18 USC § 1001(a). We concur and hereby request that the NMB refer this matter to the appropriate prosecutorial body. The persons responsible should be behind bars.
In order to protect American democracy and to take a stand against criminality, we respectfully request that the NMB not impose a one-year bar in this matter.
Sincerely,
George Diamantopoulos
cc: Service List
