IAM Fleet Service topic (Mini Thread)

[700UW]

Hope this helps you.

The first Judge in the Airbus case believed it was a major dispute as it was a change to an exsisting CBA, the appeals court ruled differant.

Article on Court Case and Appeal

Arbitration Award

IAM Wins US Airways Arbitration
October 1, 2004 - The International Association of Machinists and Aerospace Workers (IAM) today announced a major victory over US Airways in a year-long dispute over subcontracting heavy maintenance of the airline’s Airbus aircraft.

“The IAM more than a year ago told US Airways that our contract prohibited subcontracting this work,†said Robert Roach, Jr., IAM General Vice President of Transportation. “US Airways wasted countless dollars on attorneys to fight their employees, and is now financially liable to our members for their corporate arrogance. I urge US Airways to begin embracing their employees as valuable assets and listen to our ideas for addressing the substantial challenges facing the airline.â€

US Airways began illegally subcontracting Airbus Heavy Maintenance Visits (HMV) to Singapore Technologies Mobile Aerospace Engineering located in Mobile, Alabama in October 2003. The IAM won an immediate injunction in Federal District Court halting the subcontracting, but the Third Circuit Court of Appeals on February 3, 2004 lifted the injunction. The Appeals Court ruled the dispute should be resolved through the System Board of Adjustment, which is the arbitration mechanism provided for in the IAM-US Airways contract. The three-member System Board is made up of one Union member, one company member and a neutral.

“The Airbus was acquired by the Company in October of 1998 and the Company was, or should have been, well aware of maintenance obligations, particularly with respect to HMV work,†says the System Board of Adjustment’s decision. “If the Company is now faced with a bona fide dilemma, it is one that could have been, and to a certain extent was, recognized early on, but never accommodated in bargaining. The Company is ordered to cease and desist in outsourcing Airbus HMV work.†ST Mobile Aerospace has completed twelve Airbus overhauls in violation of the IAM collective bargaining agreement.

The complete signed is available here for review.

“This decision reaffirms 55 years of contract language,†said William O’Driscoll, President of IAM District 142. “US Airways illegally outsourced Airbus work just months after IAM members provided $1.5 billion in savings to rescue the airline and allow it to emerge from its first bankruptcy. US Airways’ actions severely damaged the labor-management relationship that is critical for the company’s success.â€

The parties have been ordered to meet and discuss how affected employees will be made whole for losses caused by the airline’s flagrant contract violation.

“The IAM will use every legal venue necessary to enforce this award,†said Roach.

The RLA and Federal Courts, here is some info from a court case:

The Railway Labor Act defines three classes of labor disputes and provides different procedures for the resolution of each type of dispute. United Transp, Union v. Gateway Western Ry, Co., 78 F.3d 1208, 1213 (7th Cir. 1996). A "minor" dispute is a dispute growing out of grievances or out of the interpretation or application of agreements concerning rates of pay, rules, or working conditions. Chicago & North Western v. Railway Labor Executives' Ass'n, 908 F.2d 144, 148 (7th Cir. 1990), cert. denied, 498 U.S. 1120 (1991). The test is whether the conflict can be resolved by reference to an existing agreement. Atchison, Topeka & Santa Fe v. United Transportation Union, 734 F.2d 317, 321 (7th Cir. 1984) (Atchison I). If reference to an existing agreement resolves the disagreement, the dispute is considered minor unless the claims of contractual justification are "frivolous" or "obviously insubstantial." National Ry. Labor Conf. v. International Ass'n of Machinists, 830 F.2d 741, 746 (7th Cir. 1987). Section 3 of the Act requires that minor disputes are to be finally decided through compulsory arbitration by the National Railroad Adjustment Board or a special adjustment board. 45 U.S.C. § 153; see United Transportation Union v. Burlington Northern Ry. Co., 875 F.Supp. 468, 470 (N.D.111. 1994). Under § 153 First (q), the findings and order of the division of the Adjustment Board are conclusive on the parties, but can be set aside, inter alia, for "failure ... to conform, or confine itself, to matters within the scope of the division's jurisdiction."

A "major" dispute is one in which a party wants to change an existing collective bargaining agreement. Chicago & North Western, 908 F. 2d at 148. A major dispute "is subject to section 6 of the Railway Labor Act, 45 U.S.C. § 156, and the parties are required to follow a long, drawn-out conciliation process, which includes negotiation between the parties, mediation by the National Mediation Board (NMB), and possibly a review and report by an emergency board appointed by the President." National Ry. Labor Conf., 830 F.2d at 745.

A "representation" dispute involves the composition of the collective bargaining unit and the identity of that unit's authorized representative for collective bargaining purposes. Gateway, 78 F. 3 d at 1213. Representation disputes are governed by section 2 Ninth of the Railway Labor Act, 45 U.S.C. § 152 Ninth, and they fall within the National Mediation Board's exclusive jurisdiction. Switchmen's Union of North Am. v. National Mediation Bd., 320 U.S. 297, 305-06 (1943). Thus, once it is clear that a complaint alleges what is properly characterized as a representation dispute, the district court must dismiss the case for lack of subject matter jurisdiction. Gateway, 78 F.3d at 1213. Moreover, where the precise character of the dispute is in doubt, a federal court should not proceed, for "the NMB has primary Jurisdiction to determine whether it has exclusive jurisdiction over the dispute." United Trans. Union v. United States, 987 F.2d 784, 789 (D.C.Cir. 1993).

 

[The Bagfather]

why is it that the east hubs all have to vote at the local but PHX and LAS get to vote at the airport?

This is huge! It was huge in Sept and It's huge now. It's completely
unfair and I think It could be challeged. I just don't know
the wisdom of it. I don't know how the west field stations vote,
but we vote about 6 miles away in an impossible to find union hall.
I think in June we can change venues with a vote but I'm not sure
about the May vote.

 

[Theo Corner]

when this deal came out I would say that alot more here in ORD would have voted yes but thankfully Randy has gave us the time to go over this mess and now ORD at least looks like a strong NO. Can't speak for the other stations but I do know that PHL and CLT are very strong No's also.

The masses are starting to realize that there is absolutely no reason to compel the masses to vote for this.

PHX has to do what they feel is best for them and I understand that. Tim says he would sign on for $20 and extra vacation and that isn't hardballing. I personally think we would do ourselves better if we wait 16 months and start REAL negotiations for an industry leading contract with United.

 

[The Bagfather]

Thanks for that info. It seems a little wierd that such an important
thing could not be litigated. Not to belittle the FA grievance but
a positive ruling on the COC could have bought a lot of Flexi-passes.

 

[700UW]

Your welcome.

Well you know the RLA is set up to protect interstate commerce and not really members of a union, but it did give trasnportation workers the right to organize, it was written back in 1926 and only amended a few times, once was to include Airlines.

 

[Theo Corner]

Hemenway wants the change of control out this time, as opposed to last time in 2005 where he didn't see the need to take it out. It's reasonable to suspect a merger is going to happen especially when Parker sends us a letter telling us so.

Here's my thinking, the COC AT LEAST gives us leverage in a merger, whether it wins or not, even Canale has admitted to this day that the COC DOES give us at least leverage.

The reason why Canale can't discuss the COC or why he brought this thing back is because he is sworn to the United stockholders interest and sits on the United Board of Directors.

Here's a few of Randy's clips about why you should vote for a bad contract and throw your family under the bus.
"Live to fight another day so vote yes", "I had a knife to my belly and a gun to my head so vote yes" and now he tells me, "Aloha and Skybus went bankrupt, stock is low and a merger is coming so vote yes".
Am I missing something?

Mergers is the exact reason why I want to wait or at least negotiate something better. We vote this in and like Timmy said, we are stuck till at least 2016 with the worst contract in the industry. No way United or whoever will open up this 'gold mine' contract and no way Randy shares United's profit sharing with us if we screw ourselves for 8 years.

 

[dexter]

....Don't forget we have a new President being elected in the middle of this ado and if turns to be Democratic, we will not have Republican arbitrators running the show this time with COC and the Employee Free Choice Act will be opened for all. The gloom and doom of our Company and country will be lifted an it will be a totally new ball game putting us in the lead. Just think how a no vote on this TA will have on all labor groups within our company.

 

[700UW]

Arbitrators are not appointed by the government, there is nothing political about it.

And Mr Bloch is a very well respected one, used by the NFL, NHL and has ruled in many cases in favor of the IAM before, inlcuding the Airbus Outsourcing.

And both the union and the company agree on who arbitrates the case.

 

[dexter]

700UW-all I can say is "pipe dreams" and the pope is jewish. You are very wishy washy on these threads. I guess it is how you wake in the morning. Its either IAM or I Am Management. Guess today is the latter.

 

[700UW]

How is it pipe dreams?

I explained myself if you can refute me then be my guest.

 

[giantfan]

GF You may be right. For one thing in any big merger the 3 to 4 hundred million dollar
payoff to any body in the east contract would seem to be peanuts.

Bagfather--keep dreaming dude

I think we should chill on the CIC issue overall. To me it's a non-issue to others a big deal.

But the day I see Fleet get a 3 to 4 hundred million dollar payout is the day I chalk a pig not a plane.

Jus' trying to keep it real.....

 

[kmsurvey]

KDKA news in Pittsburgh just reported that US Airways and United have been in merger talks for a least a month. Canale wants the CIC out for his United boys. I'll take at minimum what United has. My vote is NO and I'm not debating anyone about it. Final answer!

 

[YVINTERN]

The reporters in Moon Township are behind on the times, merely antiquated.

 

[Jimmy Neutron]

US Airways chief talks to employees about merger speculation:


http://telecom-expense-management-solution.../16/3391589.htm

"Doug Parker warned employees Wednesday that airlines will have to make "dramatic changes" as oil prices rise and the economy sours."

US Airways, United Discussed Merger

http://www.thestreet.com/s/us-airways-unit...E&cm_ite=NA

"A deal between United and US Airways would provide United with two things it has always lacked: a Southeast hub in Charlotte and a strong presence at key Northeast airports."


Everyone here better wake up and realize what's happening here----------

FACT----We will be merging and it will be soon.......

The question you must ask yourself is, Do you want to do it without any CIC protection at all, I sure don't


GET EDUCATED

 

[doing it on my knees]

This is huge! It was huge in Sept and It's huge now. It's completely
unfair and I think It could be challeged. I just don't know
the wisdom of it. I don't know how the west field stations vote,
but we vote about 6 miles away in an impossible to find union hall.
I think in June we can change venues with a vote but I'm not sure
about the May vote.

Why can't we vote by proxy on the computer? At least have a couple of options to vote, instead of this scavenger hunt voting hall stuff.

GiantsFan,
you have a ton of fight in you. I love how you take no crap from anyone. I'd work a bin with you any day of the week. Stand strong behind what you believe in and they'll line up behind you. Go BLUE!!