The TWU scope language has been tested in a PEB and held.
A PEB is not an Arbitrator nor is it a court. A PEB does not make legal rulings nor are its findings binding.
From their website;
The President may create an emergency board to investigate and report on a dispute over the terms of a collective bargaining agreement. Under the Railway Labor Act, the President may exercise his discretion to create an emergency board when the labor dispute threatens "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service."
Creation of an emergency board delays a strike, lockout or other form of self-help, generally for 60 days. The emergency board has 30 days to issue its report. Generally, emergency boards provide recommendations for settlement of the dispute. After the emergency board reports to the President, the parties to the dispute have another 30 day cooling off period to consider the recommendations of the emergency board and to reach an agreement.
If no agreement is reached at the end of the cooling off period, then the parties may engage in self-help, including strikes, lockouts and unilateral changes in terms and conditions of employment.
http://www.nmb.gov/mediation/pebothr.html
More from the NMB;
1. Q: What are the functions of emergency boards?
A: Each emergency board's role is defined by the executive order creating the board. Typically, each emergency board is charged with investigating and reporting to the President about a specific labor dispute or labor disputes. Emergency Boards often include recommendations for settlement in their reports to the President.
2. Q: Who are the members of emergency boards?
A: The members of emergency boards are appointed by the President. Typically, they are professional arbitrators with experience in labor disputes. In recent years, most members of emergency boards have been members of the National Academy of Arbitrators.
So while the PEB opinion could be used to bolster our arguement its not a legal ruling. AA may claim they said what they did because of the System protection, that if they got rid of the heavies and replaced them with RJs they would still have all those workers from AA on payroll.
That was over ten years ago and AA now does more work in house then at the time the PEB met and the UAL AMFA language didn't stop all their outsourcing, or the NWA outsourcing, or the Alaska outsourcing, or the Southwest outsourcing. UPS new contract allows more outsourcing of line work overseas. Southwest new contract expands outsourcing to foreign repair stations in El Salvador. There's your proof.
UAL was under the IAM at the time the company started outsourcing, and that was in Bankruptcy.
True, AMFA did not stop NWA or Alaska from outsourcing.
SWA was outsourcing before AMFA got there, from what I was told the trade off to bring more work in house was to allow some of the work that was outsourced to go overseas. The IBT had allowed outsourcing but kept it in the US, I think they have similar language at UPS. Does SWA have more mechanics employed today than they did in 2001? I believe the answer is yes, and at top rates. Does AA? NO.
UPS is getting $50/hr, from what I've read the new agreement places more restrictions on where the do Maintenance, not less.
So you trashed the IAM, IBT and AMFA but you left out the fact that we have lead the industry in concessions, created multple pay levels or in house outsourcing which other unions found so unacceptable that the only alternative was to go BK and send the work out. Who was wrong? Us for undermining the rest of the industry or them for not willingly allow the profession to be destroyed?
What is stopping AA from sending those 757s to El Salvador instead of TIMCO? Please show me the language that prevents AA from sending the work overseas. The fact is you cant, I recall preparing our Airbus engines to be shipped overseas for OH a few years back, but after 97.
I remain convinced that System Protection remains the most important component as far as job security in the contract. A lot was given up to get it, the eight hour day,that concession equated to a 6% paycut, along with other concessions. We should not rely on claims that other clauses in our contract provide us more security than System Protection and we should remain committed to rolling it up to DOS like we have for all the other contracts except for 2003 when we rolled it back.
Your answer should be simple. Produce the verbage and the arbitrated cases that support your opinion. I dont know of any significant change in our scope since I was preparing Airbus engines for shipment to Europe, or APUs to Garret or when TWA worked our 747s or when we shipped 727s to Delta or when outside vendors worked our entertainment systems, or when they outsouced line maintenence at BDL and scores of other stations that were once staffed by AA mechanics, etc etc. The contract says they have to discuss it with us first, but discuss does not mean that we get the work, I beleieve we have to prove we can do it cheaper.
We need to roll up system protection to DOS and that will keep the work in house. Like I've said, the flaw with system protection is that it degrades over time. People leave, new people are hired without it creating the opportunity to outsource. Thats what our objection was in 2001 when we were pushing for stricter SCOPE language
The fact that despite having around 2000 people without system protection we continue to insource additional new work tells me that we do it cheaper in house, not that we have an excellent Scope clause. The fact that the company is seeking language that allows them to send work back out after we bring it in indicates that the language is good enough to protect current work but "new work" is a different story.
With all these new planes coming in and MD-80s and 757s going away we need to push system protection up to DOS. If not then I could see the company cutting heads as the MD-80s and 757s are retired. most of the reduction would be through attrition, meaning system protected workers retiring. Then the company would be using the new work for new aircraft as leverege for their next round of concessionary demands.