yoyodyne
Veteran
First off, the two companies making a single union a contingency of the merger is wholly within their legal right to do. All it says is no unified workforce, no merger. It would be up to the work groups to call the elections.
Are you saying that the union can put contingencies on the merger, but not management? How many times have we heard, "We will not approve this merger unless the company restores [fill in the blank] which they took away during bk?"
P.S. You totally misread what I posted. I never said they would call off the merger if the work groups voted FOR a merger. I just said that they could establish a contingency that the issue had to be resolved one way or the other for the merger to go through. And, as I said before, DL has been pretty slick so far in getting their f/as to vote NO. You can't argue with success.
P.P.S Some of you are posting as if you think it is still the 1950's--i.e., in any dispute between union vs. non-union, the union will always win. The Federal government with a Republican administration and Federal courts that are stacked with Republican-appointed judges may have a different interpretation of the law from you. Our success rate in winning disputes with management--the disputes that count, pay and work rules--has been pretty poor the past few years with the courts tending to be on management's side. I wouldn't bet the rent money on any of this "NMB will control", "Arbitrator will decide" kind of stuff. Maybe, maybe not. The companies can pay their lawyers longer than the unions can pay theirs.
All you have to do is ask the Air Traffic Controllers !!!