mike33
Veteran
- Nov 7, 2007
- 2,252
- 1,128
Thank You TimTim Nelson said:All seniority questions are under MBA. Nobody disputes that. But where the union represents each group, the MBA allows the exception ( i.e. Association)? And all results of representational disputes WILL fall under this exception since the winner will represent both groups. The MBA was constructed for situations like TWA where there was no representational dispute. And there isn't any qualifier in the law that bars a union from using its internal policies if it wins a representational election. In fact, it doesn't even make sense what you are talking about. Are you saying that a union will argue against itself if it wins a election like the IAM did against the IBT regarding Fleet service at United? The reality, and application of this law, was that the IAM decided to employ a seniority advisor and consider his written opinion on the matter. Did the IAM represent both groups, prior? Of course not but that had nothing to do with it.
Could be prior, could be after, etc. In fact, each case 'after' has just applied internal union decisions, which are allowed under the MBA. You can't cite me one case [NOT ONE], using the MBA, where there is a representational dispute that backs up your argument. See Southwest/AirTran, and United/Continental. In each and every case, where a representational dispute exist, as with this case, the union used internal decisions to work out seniority questions, because the MBA gave them the freedom to do so. In the cases where a representational dispute did not exist, like at Southwest, then cases were resolved by two unions or arbitration.
This may be a wasted point anyways, i.e., as management signed an unconditional seniority integration agreement with the IAM/TWU. Would AMFA be able to change the agreed upon conditions if management didn't want to reopen it?