Machinists Union Prevents US Airways From Subcontracting Maintenance
Washington D.C., October 21, 2003 - The Honorable Robert Cindrich of the U.S. District Court for the Western District of Pennsylvania today issued the injunction sought by the International Association of Machinists and Aerospace Workers (IAM) to prevent US Airways from subcontracting heavy maintenance of the airline’s Airbus aircraft. Judge Cindrich agreed with the IAM’s assertion that US Airways’ attempt to subcontract the maintenance work created a major dispute under the Railway Labor Act.
“A well negotiated contract and the professionalism, support and unity of our US Airways members made today’s decision possible,†said International President R. Thomas Buffenbarger. “International, District and Local Lodge officers worked as a team to protect our members and preserve their contract.â€
“The court recognized the harm US Airways’ actions would have inflicted on our membership,†said IAM General Vice President Robert Roach, Jr. “While these were the same tactics used by notorious airline destroyer Frank Lorenzo, the IAM was confident that we would prevail. We had a strong case backed by 54 years of history and only wanted the opportunity to present our case before the court. Our contract language is clear and unambiguous.â€
Today’s order prohibits US Airways from subcontracting Airbus heavy maintenance. Maintenance is currently being performed on two US Airways Airbus aircraft at Singapore Technologies Mobile Aerospace Engineering (MAE) in Mobile, AL. Maintenance of these aircraft by MAE must cease immediately.
“US Airways’ ill-advised attempt to violate our collective bargaining agreement did nothing but aggravate an already tense worker-management relationship,†said Roach. “But with the support of the other AFL-CIO transportation unions, this day belongs to airline workers. The airline would be well served to stop alienating its employees and begin mending relations.â€
IAM District 141-M represents 5,000 Mechanic & Related employees at US Airways. IAM District 141 represents the airline’s 4,450 Fleet Service Employees. More information about the Machinists Union can be found on our web site at
http://www.goiam.org/.
October 22, 2003
Dear Sisters and Brothers:
Fifty-four years of IAM representation has triumphed over the unconscionable efforts of US Airways’ executives to send IAM jobs to a foreign-owned company. The Honorable Robert J. Cindrich rebuffed the airline’s ill-advised attempt to subcontract heavy maintenance of Airbus aircraft and ordered US Airways to abide by the terms of their Collective Bargaining Agreement (CBA) with IAM District 141-M.
Today’s ruling will have an effect on all US Airways employees. The carrier is now aware that it cannot break contracts with their employees and that the arrogance of CEO David Siegel and CFO Neal Cohen will not be tolerated.
These are the same tactics that were used by Frank Lorenzo in the late ’80’s to destroy Eastern Airlines and cut the wages and benefits of Continental Airlines’ workers by 50 percent, demoralizing employees. US Airways would be well advised to learn that no airline, no service company, can survive without the goodwill of its most precious asset – working men and women.
This ruling should serve as notice to US Airways that it must stop the destructive attacks on its own employees and immediately begin recalling IAM members to perform the work that rightfully belongs to them.
Furthermore, the US Airways Board of Directors should terminate the employment of any US Airways executive that recommended the airline violate the CBA in such a callous, destructive and illegal manner.
If US Airways were permitted to subcontract Airbus heavy maintenance it would have opened the door to subcontract maintenance on any future aircraft purchases. US Airways could have phased out its current Boeing fleet for Airbus or new model Boeing aircraft and subcontracted the maintenance on those fleets as well. It wouldn’t take long before all maintenance work was outsourced and the airline did the same for other classifications. This was a fight that had to be won.
The IAM’s victory would not have been possible if US Airways had been successful in terminating labor agreements while in bankruptcy. Our attorneys were able to fight with the tools that first-rate negotiators gave them and IAM members preserved under difficult circumstances a year ago. Without the strong language in the IAM agreement, US Airways would be free to subcontract any work it desired.
We won this important battle, but it certainly won’t be the last time we are tested. US Airways has indicated that it would appeal today’s ruling. The IAM is ready to defend our members and their contract anyplace, anytime. Your IAM International, District and Local Lodge Representatives remain committed to taking all legal steps necessary to protect our members. Your continued support and solidarity is essential as we prepare for whatever comes next.
Sincerely and fraternally,
Robert Roach, Jr.
GENERAL VICE PRESIDENT
October 28, 2003
Via Facsimile
Mr. David N. Siegel
President & C.E.O.
US Airways, Inc.
2345 Crystal Drive
Arlington, VA 22227
Dear Mr. Siegel:
I have been advised by IAM counsel that US Airways has appealed the preliminary injunction order issued by U. S. District Court Judge Robert Cindrich. This is a waste of time and resources.
US Airways should be working with the IAM-represented Mechanic and Related employees to expedite the performance of heavy maintenance checks on the Airbus aircraft. This would not only be a gesture of good faith to your dedicated employees, it would also allow the Company to have a safe and reliable fleet available during the most profitable period of the year.
The fact that US Airways continues to resist and delay does nothing more than create a
self-fulfilling prophecy that there is not sufficient time to perform this work in-house.
US Airways employees are becoming more and more demoralized with the actions of the current management. It is time that you clearly understand that in the service industry no entity can survive or be successful without the support of its most important asset – its employees.
I urge you to stop this unnecessary and frivolous litigation and to move forward with the business of running a successful US Airways and rallying your employees, our members, to accomplish this goal.
Sincerely,
Robert Roach, Jr.
GENERAL VICE PRESIDENT
The Concession Stand is Closed!
To All IAM Members at US Airways:
Dear Sisters and Brothers,
District 141 and 141-M Representatives today met with US Airways at the carrier’s headquarters in Arlington, VA.
CEO David Siegel again spoke about the need to reduce costs, due in part to increased competition from low-cost carriers such as Southwest Airlines and JetBlue. However, Siegel did not make any specific requests to the IAM. It appeared obvious that there is a lack of a strategic plan on the part of US Airways.
While we are willing to discuss plans to permit the carrier to remain a viable employer, the Machinists Union today informed US Airways that we will not enter into any discussions to change the terms of our collective bargaining agreements – the concession stand is closed!
Our members ratified significant cost reductions while the company was in bankruptcy, providing the carrier with the tools needed to return US Airways to profitability. If US Airways’ executives are incapable of successfully running this airline within the framework of our existing collective bargaining agreements, a more capable management team should be employed.
IAM members have made significant sacrifices to save US Airways. The fate of the airline now rests solely in the hands of David Siegel and his management team.
No further discussions are scheduled.
Sincerely and fraternally,
Scotty Ford
President and General Chairman
IAM District 141-M S.R. (Randy) Canale
President and General Chairman
IAM District 141
March 3, 2004
Appeals Court Sends IAM-US Airways Subcontracting Dispute to Arbitration
The U.S. Third Circuit Court of Appeals today denied an International Association of Machinists and Aerospace Workers (IAM) request for the full thirteen-member court to rule on whether US Airways' subcontracting of Airbus heavy maintenance constitutes a major dispute under the Railway Labor Act. On February 3, 2004 a three-member panel of the court ruled the dispute to be minor, reversing an October 21, 2003 District Court injunction that prevented US Airways from subcontracting heavy maintenance.
"The appellate court has not ruled that US Airways has the right to subcontract our work," said IAM General Vice President Robert Roach, Jr. "They have only ruled that the dispute should be settled through arbitration. Although we disagree, we will expedite the process and we are confident that our members will prevail once an arbitrator reviews the issue and the clear and unambiguous language in our contract."
Under the Railway Labor Act, the law governing labor relations in the airline industry, minor disputes must be resolved through an established arbitration process. The IAM will seek an expedited arbitration decision to
include damages for members affected by US Airways' flagrant contract violation.
"US Airways has taken airplanes out of service rather than having their own employees perform their maintenance, " said IAM District 141-M President Scotty Ford. "Such arrogance toward employees and passengers hasn't been seen since Frank Lorenzo was banished from the industry."
Maintenance is currently being performed on US Airways' Airbus aircraft at foreign-owned Singapore Technologies Mobile Aerospace Engineering in Mobile, AL.
The National Transportation Safety Board recently cited poor maintenance practices by another independent maintenance provider as a factor in last year's Air Midwest crash of a Beech 1900D in Charlotte, NC.
"Subcontracting maintenance work can be a very costly way to save money," said Roach.
Home Page US Airways Updates
Airbus Subcontracting Arbitration Update
May 6, 2004
To All District 141-M Members at US Airways:
Dear Sisters and Brothers,
The arbitration hearing in the US Airways Airbus subcontracting dispute took place on April 30, May 3 and May 4, 2004 in Arlington, Virginia. Arbitrator Richard Bloch heard testimony from witnesses for both the IAM and US Airways.
The IAM maintains the same position we had when this dispute began last August –IAM-represented US Airways employees must perform all airframe heavy maintenance on US Airways’ aircraft, regardless of manufacturer or where the maintenance is performed. Several current and retired IAM Representatives testified at the hearing about the origin and intent of the contract language that has protected this work for more than fifty years.
A verbatim transcript of the three-day hearing will be sent to all parties within three weeks. The IAM and US Airways will file post-hearings briefs within thirty days of receipt of the transcript. Following submission of the post-hearing briefs, each party will have fifteen days to file a reply brief.
A three-member System Board, made up of one person appointed by the IAM, one by US Airways and neutral arbitrator Richard Bloch, will meet to discuss the case and issue a decision after all briefs have been submitted. No date has been set for the System Board to meet.
Thank you for your continued support.
Sincerely and fraternally,
Scotty Ford
President and Directing General Chairman
IAM District 141-M