- Banned
- #1
IAM Sets the Record Straight on Teamsters / AWA Scope Language
On October 20, 2005 the Teamsters posted on their website the following AWA Teamsters scope language, which would mislead you to believe that their scope language protected their member’s jobs.
Article II Scope of the current AWA agreement states that all maintenance work performed in-house by Teamsters mechanics shall remain in-house and be performed by Teamsters mechanics. Management is prohibited from subcontracting; this has been tested and upheld trough the grievance procedure,
Here is the entire Article II Scope clause from the current AWA Teamsters agreement.
Article 2 Scope
2.1 The Company hereby recognizes the Union as the sole collective bargaining agent and authorized representative for those employees of America West Airlines, Inc. composing the craft or class of Mechanics and related employees as certified by the National Mediation Board in Case No. R-6420 on April 19, 1996 and as clarified in Case No. CR-6618 on January 13, 1998.
2.2 All Aircraft maintenance work, facilities maintenance work and ground equipment maintenance work performed for the company shall be within the jurisdiction of the Union and shall be performed by employees on the America West Airlines Mechanic seniority list except as provided in Section 2.3 below.
2.3 The parties agree that the Company may continue to (a) contract out work heretofore customarily or historically contracted out (B) return equipment parts or assemblies to the manufacture or to a manufacture-approved repair station for repair or replacement, © contract out work when the Company’s facilities and equipment are not sufficient, or qualified personal are not available, or where employees available do not have the experience and the ability to perform the work required, (d) contract out work at any location where such work has not heretofore been performed by unit employees on a regular basis, or at any location where the Company has not heretofore maintained permanent maintenance facilities or employees. The Company shall not, however, contract out work if such contracting out would result in a reduction in force for any employee covered by this agreement. Nothing in this article, however, shall prevent the Company from implementing a furlough for economic reasons unrelated to contracting out.
2.4 If the Company needs to contract out work presently performed by employees covered by this agreement and not described in paragraph 2.3(a) through (d) above, the Company will so notify the Union by written notice. If after the effective date of this agreement, the Union believes the Company is abusing the right to contract out as provided in this Article, the Union shall initiate discussions with the Company on that issue within ten (10) days of notice. Not later than ten (10) days after the conclusion of such discussions (as may be indicated in writing by one of the parties(, the Union may seek resolution of any alleged violation by filing a grievance using the procedures set forth in Articles 6 and 7. The Union shall file any sub-contracting grievances directly with the Company’s Vice President – Maintenance and Engineering, bypassing Steps One and Two of the Grievance Procedure set forth in Article 6.
What Does This Say
2.3 (d) says that the company can open as many stations as they want and do not have to staff Mechanics. They can out-source the work. In fact the Teamsters agreement allows supervisors to be staffed in some stations to oversee vendors that perform scheduled maintenance on America West Aircraft.
Sounds like very weak Scope language.
2.3(d) says that the company can contract out any work as long as it does not result in a reduction of employees covered by the agreement. But the company can have a furlough for economic reasons without violating the above language.
So let me understand what this means. If the company contracts out work, but does not layoff anyone this is good language.
But on the other hand the company can layoff for economic reasons employees covered under the agreement without brining back the work that was contracted out.
Sounds like very weak Scope language.
You should ask yourself one question, where would you be today on US Airways if the above Scope language was in your contract.
After two bankruptcies and the abrogation of the collective bargaining agreement by Judge Mitchell, the scope language in the current IAM&AW agreement is far superior to the America West Agreement.
On October 20, 2005 the Teamsters posted on their website the following AWA Teamsters scope language, which would mislead you to believe that their scope language protected their member’s jobs.
Article II Scope of the current AWA agreement states that all maintenance work performed in-house by Teamsters mechanics shall remain in-house and be performed by Teamsters mechanics. Management is prohibited from subcontracting; this has been tested and upheld trough the grievance procedure,
Here is the entire Article II Scope clause from the current AWA Teamsters agreement.
Article 2 Scope
2.1 The Company hereby recognizes the Union as the sole collective bargaining agent and authorized representative for those employees of America West Airlines, Inc. composing the craft or class of Mechanics and related employees as certified by the National Mediation Board in Case No. R-6420 on April 19, 1996 and as clarified in Case No. CR-6618 on January 13, 1998.
2.2 All Aircraft maintenance work, facilities maintenance work and ground equipment maintenance work performed for the company shall be within the jurisdiction of the Union and shall be performed by employees on the America West Airlines Mechanic seniority list except as provided in Section 2.3 below.
2.3 The parties agree that the Company may continue to (a) contract out work heretofore customarily or historically contracted out (B) return equipment parts or assemblies to the manufacture or to a manufacture-approved repair station for repair or replacement, © contract out work when the Company’s facilities and equipment are not sufficient, or qualified personal are not available, or where employees available do not have the experience and the ability to perform the work required, (d) contract out work at any location where such work has not heretofore been performed by unit employees on a regular basis, or at any location where the Company has not heretofore maintained permanent maintenance facilities or employees. The Company shall not, however, contract out work if such contracting out would result in a reduction in force for any employee covered by this agreement. Nothing in this article, however, shall prevent the Company from implementing a furlough for economic reasons unrelated to contracting out.
2.4 If the Company needs to contract out work presently performed by employees covered by this agreement and not described in paragraph 2.3(a) through (d) above, the Company will so notify the Union by written notice. If after the effective date of this agreement, the Union believes the Company is abusing the right to contract out as provided in this Article, the Union shall initiate discussions with the Company on that issue within ten (10) days of notice. Not later than ten (10) days after the conclusion of such discussions (as may be indicated in writing by one of the parties(, the Union may seek resolution of any alleged violation by filing a grievance using the procedures set forth in Articles 6 and 7. The Union shall file any sub-contracting grievances directly with the Company’s Vice President – Maintenance and Engineering, bypassing Steps One and Two of the Grievance Procedure set forth in Article 6.
What Does This Say
2.3 (d) says that the company can open as many stations as they want and do not have to staff Mechanics. They can out-source the work. In fact the Teamsters agreement allows supervisors to be staffed in some stations to oversee vendors that perform scheduled maintenance on America West Aircraft.
Sounds like very weak Scope language.
2.3(d) says that the company can contract out any work as long as it does not result in a reduction of employees covered by the agreement. But the company can have a furlough for economic reasons without violating the above language.
So let me understand what this means. If the company contracts out work, but does not layoff anyone this is good language.
But on the other hand the company can layoff for economic reasons employees covered under the agreement without brining back the work that was contracted out.
Sounds like very weak Scope language.
You should ask yourself one question, where would you be today on US Airways if the above Scope language was in your contract.
After two bankruptcies and the abrogation of the collective bargaining agreement by Judge Mitchell, the scope language in the current IAM&AW agreement is far superior to the America West Agreement.