Below is the procedure for change that Jim Little claimed was sufficient change and therefore he signed off the concessions without further ratification.
Did the deadline come and go for change without one union official asking the membership what they might be interested in changing?
Does the TWU MEMBER matter anymore?
What is the status of this special procedure?
C. Special Reopener Procedure for Change.
1. The parties agree that fFor a period not to exceed thirty (30) days beginning on written notice by the TWU no later than May 15, 2003, they Parties will meet and discuss the deletion or modification of a single item in the Restructuring Agreements, that is(the Original Provision), such as, the change to Article 34(d) of the Mechanic and related agreement regarding payment of Sick Leave for the first 16 hours at 50% and the substitution of one or more alternative items (the Offset Modification(s)) such that the net economic result of the deletion or modification and substitution provides cost savings to the Company equal to the cost savings originally projected by the Company for the Original Provision (i.e. $7.0 million per year).
The purpose of the discussion will be to reach an agreement on a modification of the ½ pay for sick provision along with a corresponding modification of the Agreement (“original offset modificationâ€) which have the net effect of not increasing the costs of the Agreement to American.
2. If the parties cannot reach agreement during the thirty (30) day period on the an oOffset mModification(s) having the appropriate aggregate value described in C.1., above,- they will select a neutral arbitrator in accordance with the System Board procedure in the Restructuring Agreement. Said arbitrator must be available to hear the matter with seven (7) days of selection and shall issue a decision within 21 days of selection.
3. The There willarbitrator shall conduct a hearing of no more than one day in duration. American and the TWU will each have a maximum of one-half day for its presentation, with appropriate procedural rules to be set by the arbitrator.
4. At the hearing, the TWUAssociation will identify one or more additionaloOffset mModification(s), the aggregate value of which must achieve the result described in C.1., above. will equal the difference between the cost of the ½ pay for sick provision modification and the Company’s valuation of the original offset modification proposed by the Association. For example, if the proposed modification to the Original Provision has a cost of $7 million and the Company arbitrator values the original oOffset mModification(s) at $6 million, the UnionAssociationwill must identify some additional oOffeset mModification(s) with a value of $1 million.
5. The Parties’ original valuation of the Restructuring Agreement will determine the value of the Original Provision. The arbitrator will determine the value of the originalall changes to less than all of the Original Provision, as well as the value of all oOffset mModification(s). If the arbitrator determines that the value of the Offset Modification(s) it is less in aggregate value to the Company than the cost of the modifications or deletions to the Original Provision, unless the TWU selects some additional Offset Modification(s) which achieves the result described in C.1., above, the arbitrator will ofurther modify the Original Provision so that the changes to the Original Provision compared to the aggregate value of the Offset Modifications(s) achieves the result described in C.1., above.
6. The decision of the arbitrator will be final and binding on the TWU and the Company.
THE TWU SUCKS!
Did the deadline come and go for change without one union official asking the membership what they might be interested in changing?
Does the TWU MEMBER matter anymore?
What is the status of this special procedure?
C. Special Reopener Procedure for Change.
1. The parties agree that fFor a period not to exceed thirty (30) days beginning on written notice by the TWU no later than May 15, 2003, they Parties will meet and discuss the deletion or modification of a single item in the Restructuring Agreements, that is(the Original Provision), such as, the change to Article 34(d) of the Mechanic and related agreement regarding payment of Sick Leave for the first 16 hours at 50% and the substitution of one or more alternative items (the Offset Modification(s)) such that the net economic result of the deletion or modification and substitution provides cost savings to the Company equal to the cost savings originally projected by the Company for the Original Provision (i.e. $7.0 million per year).
The purpose of the discussion will be to reach an agreement on a modification of the ½ pay for sick provision along with a corresponding modification of the Agreement (“original offset modificationâ€) which have the net effect of not increasing the costs of the Agreement to American.
2. If the parties cannot reach agreement during the thirty (30) day period on the an oOffset mModification(s) having the appropriate aggregate value described in C.1., above,- they will select a neutral arbitrator in accordance with the System Board procedure in the Restructuring Agreement. Said arbitrator must be available to hear the matter with seven (7) days of selection and shall issue a decision within 21 days of selection.
3. The There willarbitrator shall conduct a hearing of no more than one day in duration. American and the TWU will each have a maximum of one-half day for its presentation, with appropriate procedural rules to be set by the arbitrator.
4. At the hearing, the TWUAssociation will identify one or more additionaloOffset mModification(s), the aggregate value of which must achieve the result described in C.1., above. will equal the difference between the cost of the ½ pay for sick provision modification and the Company’s valuation of the original offset modification proposed by the Association. For example, if the proposed modification to the Original Provision has a cost of $7 million and the Company arbitrator values the original oOffset mModification(s) at $6 million, the UnionAssociationwill must identify some additional oOffeset mModification(s) with a value of $1 million.
5. The Parties’ original valuation of the Restructuring Agreement will determine the value of the Original Provision. The arbitrator will determine the value of the originalall changes to less than all of the Original Provision, as well as the value of all oOffset mModification(s). If the arbitrator determines that the value of the Offset Modification(s) it is less in aggregate value to the Company than the cost of the modifications or deletions to the Original Provision, unless the TWU selects some additional Offset Modification(s) which achieves the result described in C.1., above, the arbitrator will ofurther modify the Original Provision so that the changes to the Original Provision compared to the aggregate value of the Offset Modifications(s) achieves the result described in C.1., above.
6. The decision of the arbitrator will be final and binding on the TWU and the Company.
THE TWU SUCKS!