GREAT NEWS! MN Appeals court rules in AMFA's favor!

[PurduePete]

All of the striking AMFA technicians living in Minnesota finally got some good news today...a ruling that they were entitled to receive unemployment benefits from the state (something that the cleaners and custodians received from the start)!

http://www.courts.state.mn.us/opinions/coa...052128-0912.htm

From the Judge's opinion above:

We therefore affirm the determination that the custodians and cleaners are eligible for unemployment benefits. But we conclude that the ULJ erred as a matter of law in determining that the technicians and inspectors were ineligible for benefits, and that determination is reversed.

 

[tech2101]

All of the striking AMFA technicians living in Minnesota finally got some good news today...a ruling that they were entitled to receive unemployment benefits from the state (something that the cleaners and custodians received from the start)!

http://www.courts.state.mn.us/opinions/coa...052128-0912.htm

From the Judge's opinion above:

We therefore affirm the determination that the custodians and cleaners are eligible for unemployment benefits. But we conclude that the ULJ erred as a matter of law in determining that the technicians and inspectors were ineligible for benefits, and that determination is reversed.

Sweeeeet!

 

[Kev3188]

 

[Vortilon]

Will there be back pay?

 

[robbedagain]

great job folks! but do the scabs that crossed the line qualify for it since they had originally been on strike before crossing? Great job and that should be a huge victory of sorts against Scabby Patch Airlines

 

[groundcontrol]

Will there be back pay?

back pay?
do you mean will the nw employees be able to collect from day one? I would expect they would. It should go back to Aug. 19 or 20, 2005. One week waiting period then they can collect the weeks they didn't work up to 26 weeks (6 Mos.)
And yes I am sure a SCAB can collect for the weeks they were out of work, as long as they had put in for it.

 

[PurduePete]

Here's an article from the Minneapolis StarTribune with more details on the outcome...

http://www.startribune.com/535/story/673055.html

Thirteen months after their strike began, many Northwest Airlines mechanics will now get Minnesota unemployment benefits.
The Minnesota Court of Appeals ruled Tuesday that Northwest locked out union mechanics, cleaners and custodians when the airline proposed pay cuts in August 2005 that averaged 25 percent.

Some mechanics will receive up to $13,390 in benefits, said Lee Nelson, an attorney with the Minnesota unemployment insurance program. About 1,600 mechanics are affected by this ruling, but many mechanics won't receive the maximum benefit because they got full-time or part-time jobs during the eligibility period.

Members of the Aircraft Mechanics Fraternal Association (AMFA) walked off their jobs on Aug. 19, 2005. Minnesota law does not permit unemployment benefits to be paid when a strike is in "active progress," and AMFA members remain on strike against Northwest.

However, the Court of Appeals noted Tuesday that a Minnesota Supreme Court ruling from the 1980s states that benefits can be granted when there has been a "constructive lockout."

In the Northwest labor conflict with AMFA, the Court of Appeals determined that AMFA members, in effect, were locked out of their jobs by the airline.

That lockout conclusion was reached last fall by Richard Croft, a Minnesota unemployment law judge, who determined that AMFA custodians and cleaners should be paid unemployment benefits. But he ruled in early October that higher-paid maintenance technicians and inspectors should be denied benefits.

"Northwest's terms imposed on AMFA members of both crafts constituted 25 percent wage reductions," the Court of Appeals said Tuesday, and determined that all job classes of union members were locked out of jobs.

The top hourly wage for a maintenance technician dropped from $30.89 to $22.95, according to the unemployment law judge. At the same time, a top-scale custodian's wage fell from $19.97 to $14.76.

"The unemployment law judge's determination that no constructive lockout occurred for the [maintenance] technicians and inspectors was arbitrary and capricious," the court ruled.

Nick Granath, an AMFA attorney, characterized the decision as a major victory for the union.

"We are vindicated," Granath said, noting that many other states in the United States have paid unemployment benefits to striking AMFA members.

Since the strike began, Granath said, "people have lost their houses, people have gotten divorced." In 2005, Northwest eliminated the AMFA cleaner and custodian jobs on its payroll and outsourced most of the mechanics' jobs to slash labor costs. "Unemployment [benefits] should have been there to ease the pain and move the transition along," Granath said.

With the court's ruling on Tuesday, he said, AMFA members also will be eligible for job-retraining benefits.

Nelson said that AMFA members who filed for unemployment benefits should receive their checks within days. But the state requires unemployed workers to contact the state every two weeks to continue to request benefits and report on their job searches and any income they are receiving from part-time jobs.

If AMFA members stopped contacting the state after the unemployment law judge ruled they were ineligible for benefits, they will face some hurdles before receiving any benefits. Nelson said Minnesota statutes require people to show good cause why they did not request benefits at the time of eligibility.

For its part, the airline said Tuesday: "Northwest is reviewing the decision and has no further comment at this time."

 

[jenny@nw]

GOOD OL' STATE of Minnesota- THUMBS UP? :down: THUMBS DOWN FOR ME.

IF THEY DID THIS EARLIER would we have this many moronic scabs crossing.

People got kids to feed, wives to please. (or whomever the other half is)

Just my 2 cents.

great you guys get it


:down: SUCKS it happens NOW!

 

[Spock]

GOOD OL' STATE of Minnesota- THUMBS UP? :down: THUMBS DOWN FOR ME.

IF THEY DID THIS EARLIER would we have this many moronic scabs crossing.

People got kids to feed, wives to please. (or whomever the other half is)

Just my 2 cents.

great you guys get it
:down: SUCKS it happens NOW!

Over in Michigan, which on its determination said the strike/labor dispute ended in their eyes when NW replaced your position effective the week ending Sep 17, 2005. Benefit payments began from that week.

Ours brothers in MN. But the state of MN, I agree with Miss Jenny, :down:

 

[CSAR GYRENE]

All of the striking AMFA technicians living in Minnesota finally got some good news today...a ruling that they were entitled to receive unemployment benefits from the state (something that the cleaners and custodians received from the start)!

http://www.courts.state.mn.us/opinions/coa...052128-0912.htm

From the Judge's opinion above:

We therefore affirm the determination that the custodians and cleaners are eligible for unemployment benefits. But we conclude that the ULJ erred as a matter of law in determining that the technicians and inspectors were ineligible for benefits, and that determination is reversed.

Well Done gentlemen...I gotta agree with you on this one.

 

[Don Smith]

In DTW we filed and were initially denied. We were denied for approximately two months while the appeals went on. Every two weeks I still faithfully entered my status and when we were finally approved I received a nice check. I would think you would have to keep your information entered every two weeks like we did. Hopefully the MSP guys did this. I'm really happy for all you guys. Its about time the state came to their senses.

 

[tech2101]

In DTW we filed and were initially denied. We were denied for approximately two months while the appeals went on. Every two weeks I still faithfully entered my status and when we were finally approved I received a nice check. I would think you would have to keep your information entered every two weeks like we did. Hopefully the MSP guys did this. I'm really happy for all you guys. Its about time the state came to their senses.

The appeals were a joke in my state. They were all denied. We were not constructively locked-out at the outstations. We were escorted off the airport premises and given a termination letter. We were told we might be able to get a job at Swissport (scabs) if we wanted, doing the same work for $10-12/hour less. There was simply no NWA maint left after 8/19/2005 at any stations other than DTW of MSP. We were told that we could have gone to MSP or DTW to keep our job. All I had to do was commute 1000+ miles or so. No problem. Welcome to the right to work (for less) states. :down:

 

[Don Smith]

The appeals were a joke in my state. They were all denied. We were not constructively locked-out at the outstations. We were escorted off the airport premises and given a termination letter. We were told we might be able to get a job at Swissport (scabs) if we wanted, doing the same work for $10-12/hour less. There was simply no NWA maint left after 8/19/2005 at any stations other than DTW of MSP. We were told that we could have gone to MSP or DTW to keep our job. All I had to do was commute 1000+ miles or so. No problem. Welcome to the right to work (for less) states. :down:

It seems that there was no rhyme or reason to the granting of benefits from state to state. Guys here in Ohio received them almost immediately, MI took 2 months and now MN a year and a month. Same with signing terminations. In DTW we didn't sign a term letter. It all just defies reason.

 

[finman]

It seems that there was no rhyme or reason to the granting of benefits from state to state. Guys here in Ohio received them almost immediately, MI took 2 months and now MN a year and a month. Same with signing terminations. In DTW we didn't sign a term letter. It all just defies reason.

Every state has their own criteria for eligibility. Naturally, I don't think a striking worker should be entitled to workers comp, since it basically swings the negotiating power more in favor of the union. I.E., if there is less financial hardship that can come from a strike, then the union members will be more willing to strike, and the state will basically provide the strike fund. Since NWA pays into this system, it's an odd system whereby NWA is basically funding the strike fund (through the state unemployment system) for workers striking against NWA.

 

[ThirdSeatHero]

Every state has their own criteria for eligibility. Naturally, I don't think a striking worker should be entitled to workers comp, since it basically swings the negotiating power more in favor of the union. I.E., if there is less financial hardship that can come from a strike, then the union members will be more willing to strike, and the state will basically provide the strike fund. Since NWA pays into this system, it's an odd system whereby NWA is basically funding the strike fund (through the state unemployment system) for workers striking against NWA.

You obviously haven't read the finding. It isn't simply "they're on strike, they get unemployment"