:down: PFAA/TWU AFFILIATION AGREEMENT
This Agreement (hereafter the "Agreement") whereby the Professional Flight Attendants Association (hereafter, "PFAA") becomes an affiliate of Transport Workers Union of America, AFL-CIO (hereafter, "TWU") and entered into this 5th day of May, 2006:
WHEREAS, the representatives of the parties have met and have concluded that the interest of both would be best served by the affiliation of PFAA into TWU and establishment of its members as a Local Union of TWU and have agreed on the following terms of affiliation.
NOW, THEREFORE, BE IT AGREED:
1. PFAA shall become an affiliate of TWU as soon as this Agreement receives the approvals required by the Constitutions of both TWU and PFAA for the implementation of such an agreement (see par. 8 below). At such time, the International Secretary-Treasurer of TWU shall issue to PFAA a charter as Local 787 of TWU. Thereafter, all members in good standing of PFAA shall be deemed members of TWU.
2. The affairs of PFAA/Local 787, following the issuance to it of a charter as a TWU local, shall be governed in accord both with the Constitution of PFAA and the Constitution of TWU. Should the documents appear to contradict one another on a given matter, the parties shall endeavor to interpret the documents so as to harmonize with one another.
3. During the first two years of affiliation with TWU, PFAA and TWU shall each appoint a committee to meet to determine whether there are matters which TWU and PFAA Constitutions cannot be harmonized, and if so to make recommendations as to how to deal with these matters, provided that any matters dealt with in this Agreement (see e.g. par. 4 below) shall govern.
4. Notwithstanding anything that may be to the contrary in Article XVII of the TWU Constitution, PFAA/Local 787, during the first four years of its affiliation with TWU, shall make per capita payments to TWU as follows:
First year: 5% of dues collected from members;
Second year: 10% of dues collected from members;
Third year: 15% of dues collective from members;
Fourth year: 20% of dues collected from members.
Thereafter, per capita payments to TWU shall be 30% of dues collected from members and shall be governed by Article XVII of the TWU Constitution.
TWU will provide at its expense experienced and competent Legal service and make available the facilities of its Media, Research, Education, Political-Legislative and Public Relations without charge to the Local.
5. It is the intent of the parties that PFAA/Local 787 be and remain the certified collective bargaining representative of the craft or class of flight attendants at Northwest Airlines. Notwithstanding anything that may be to the contrary in Article XXIV, Section 4.(B) of the TWU Constitution, PFAA/Local 787 shall maintain exclusive rights to sign any collective bargaining agreement between PFAA/Local 787 and Northwest Airlines.
6. PFAA shall retain the right to disaffiliate from TWU, provided that if PFAA chooses to exercise this right, it will send written notice to TWU of its decision to disaffiliate anytime during the third year of the affiliation. Any decision to disaffiliate must be made by either the same procedure which led to the affiliation, or by some other method whereby members have an opportunity to cast a secret ballot on the issue. Should PFAA disaffiliate from TWU in accord with this provision, PFAA will retain its books, records, funds, properties and assets.
7. TWU shall not act under this Constitution to place PFAA/Local 787 in a trusteeship or administratorship, except in strict conformity with the TWU Constitution, and except in strict conformity with the purposes for which the LMRDA permits a parent union to place a subordinate affiliate into trusteeship "... for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreement or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of the national organization...." (42 USC Sec. 462). Further, should TWU decide to impose a trusteeship on PFAA/Local 787 in the first two years and three months of the affiliation, PFAA/Local 787 may choose at that time to disaffiliate from TWU rather than have trusteeship imposed upon it. Finally, TWU shall not impose a trusteeship upon PFAA/Local 787, nor shall it impose discipline on any individual for positions that PFAA/Local 787 or any of its members may take regarding whether or not to exercise the disaffiliation option provided by par. 6 above.
8. TWU and PFAA both agree that, once this agreement is signed, they will expedite all procedures required by their respective Constitutions to implement this Agreement. Each party shall notify the other promptly when it has obtained (or failed to obtain) the needed approval. Once each party has informed the other that approval has been obtained, then the Agreement shall be implemented in full, and PFAA/Local 787 shall received a charter as a TWU Local in accord with par. 1 above.
9. Notwithstanding anything that may be to the contrary in Article XIV, Section 3. of the TWU Constitution, in the event of dissolution of PFAA/Local 787, the International Administrative Committee shall act as agent for the membership and dispose of all the physical assets of PFAA/Local 787 by suitable means. All of the liquid assets shall then be prorated to the active members on record of PFAA/Local 787 at the time of such dissolution in proportion to the monies then being paid by such members, less any indebtedness, or legal proceeding arising out of the dissolution. The dues paid during the last completed fiscal year by each active member relative to all dues income shall determine such prorated share. Any disputes concerning a member's prorated share shall be submitted to the PFAA/Local 787's retained Certified Public Accountant for a final and binding disposition.
10. PFAA/Local 787 shall attempt to ensure its Constitution and By-Laws conform to the TWU Constitution. In the event that PFAA/Local 787 desires to amend its Constitution or Bylaws, the International Administrative Committee shall not reasonably refuse such amendments.
11. TWU agrees that PFAA/Local 787's structure shall be as delineated in the PFAA/Local 787 Constitution, as may be amended.
12. Notwithstanding anything that may be to the contrary in Article XVII, Section 1.(a) of the TWU Constitution, PFAA/Local 787's dues shall be as delineated in the PFAA/Local 787 Constitution.
For TWU
James C. Little, TWUA International President
John J. Kerrigan, TWUA International Secretary Treasurer
Gary W. Yingst, TWUA Vice President Director Air Transport Division
For PFAA
Guy D. Meek, PFAA President
Doug Moe, PFAA Vice President
Andy Damis, PFAA Secretary Treasurer
Hal Peterson, PFAA Member-at-Large
Karen Schultz, PFAA Member-at-Large
This Agreement (hereafter the "Agreement") whereby the Professional Flight Attendants Association (hereafter, "PFAA") becomes an affiliate of Transport Workers Union of America, AFL-CIO (hereafter, "TWU") and entered into this 5th day of May, 2006:
WHEREAS, the representatives of the parties have met and have concluded that the interest of both would be best served by the affiliation of PFAA into TWU and establishment of its members as a Local Union of TWU and have agreed on the following terms of affiliation.
NOW, THEREFORE, BE IT AGREED:
1. PFAA shall become an affiliate of TWU as soon as this Agreement receives the approvals required by the Constitutions of both TWU and PFAA for the implementation of such an agreement (see par. 8 below). At such time, the International Secretary-Treasurer of TWU shall issue to PFAA a charter as Local 787 of TWU. Thereafter, all members in good standing of PFAA shall be deemed members of TWU.
2. The affairs of PFAA/Local 787, following the issuance to it of a charter as a TWU local, shall be governed in accord both with the Constitution of PFAA and the Constitution of TWU. Should the documents appear to contradict one another on a given matter, the parties shall endeavor to interpret the documents so as to harmonize with one another.
3. During the first two years of affiliation with TWU, PFAA and TWU shall each appoint a committee to meet to determine whether there are matters which TWU and PFAA Constitutions cannot be harmonized, and if so to make recommendations as to how to deal with these matters, provided that any matters dealt with in this Agreement (see e.g. par. 4 below) shall govern.
4. Notwithstanding anything that may be to the contrary in Article XVII of the TWU Constitution, PFAA/Local 787, during the first four years of its affiliation with TWU, shall make per capita payments to TWU as follows:
First year: 5% of dues collected from members;
Second year: 10% of dues collected from members;
Third year: 15% of dues collective from members;
Fourth year: 20% of dues collected from members.
Thereafter, per capita payments to TWU shall be 30% of dues collected from members and shall be governed by Article XVII of the TWU Constitution.
TWU will provide at its expense experienced and competent Legal service and make available the facilities of its Media, Research, Education, Political-Legislative and Public Relations without charge to the Local.
5. It is the intent of the parties that PFAA/Local 787 be and remain the certified collective bargaining representative of the craft or class of flight attendants at Northwest Airlines. Notwithstanding anything that may be to the contrary in Article XXIV, Section 4.(B) of the TWU Constitution, PFAA/Local 787 shall maintain exclusive rights to sign any collective bargaining agreement between PFAA/Local 787 and Northwest Airlines.
6. PFAA shall retain the right to disaffiliate from TWU, provided that if PFAA chooses to exercise this right, it will send written notice to TWU of its decision to disaffiliate anytime during the third year of the affiliation. Any decision to disaffiliate must be made by either the same procedure which led to the affiliation, or by some other method whereby members have an opportunity to cast a secret ballot on the issue. Should PFAA disaffiliate from TWU in accord with this provision, PFAA will retain its books, records, funds, properties and assets.
7. TWU shall not act under this Constitution to place PFAA/Local 787 in a trusteeship or administratorship, except in strict conformity with the TWU Constitution, and except in strict conformity with the purposes for which the LMRDA permits a parent union to place a subordinate affiliate into trusteeship "... for the purpose of correcting corruption or financial malpractice, assuring the performance of collective bargaining agreement or other duties of a bargaining representative, restoring democratic procedures, or otherwise carrying out the legitimate objects of the national organization...." (42 USC Sec. 462). Further, should TWU decide to impose a trusteeship on PFAA/Local 787 in the first two years and three months of the affiliation, PFAA/Local 787 may choose at that time to disaffiliate from TWU rather than have trusteeship imposed upon it. Finally, TWU shall not impose a trusteeship upon PFAA/Local 787, nor shall it impose discipline on any individual for positions that PFAA/Local 787 or any of its members may take regarding whether or not to exercise the disaffiliation option provided by par. 6 above.
8. TWU and PFAA both agree that, once this agreement is signed, they will expedite all procedures required by their respective Constitutions to implement this Agreement. Each party shall notify the other promptly when it has obtained (or failed to obtain) the needed approval. Once each party has informed the other that approval has been obtained, then the Agreement shall be implemented in full, and PFAA/Local 787 shall received a charter as a TWU Local in accord with par. 1 above.
9. Notwithstanding anything that may be to the contrary in Article XIV, Section 3. of the TWU Constitution, in the event of dissolution of PFAA/Local 787, the International Administrative Committee shall act as agent for the membership and dispose of all the physical assets of PFAA/Local 787 by suitable means. All of the liquid assets shall then be prorated to the active members on record of PFAA/Local 787 at the time of such dissolution in proportion to the monies then being paid by such members, less any indebtedness, or legal proceeding arising out of the dissolution. The dues paid during the last completed fiscal year by each active member relative to all dues income shall determine such prorated share. Any disputes concerning a member's prorated share shall be submitted to the PFAA/Local 787's retained Certified Public Accountant for a final and binding disposition.
10. PFAA/Local 787 shall attempt to ensure its Constitution and By-Laws conform to the TWU Constitution. In the event that PFAA/Local 787 desires to amend its Constitution or Bylaws, the International Administrative Committee shall not reasonably refuse such amendments.
11. TWU agrees that PFAA/Local 787's structure shall be as delineated in the PFAA/Local 787 Constitution, as may be amended.
12. Notwithstanding anything that may be to the contrary in Article XVII, Section 1.(a) of the TWU Constitution, PFAA/Local 787's dues shall be as delineated in the PFAA/Local 787 Constitution.
For TWU
James C. Little, TWUA International President
John J. Kerrigan, TWUA International Secretary Treasurer
Gary W. Yingst, TWUA Vice President Director Air Transport Division
For PFAA
Guy D. Meek, PFAA President
Doug Moe, PFAA Vice President
Andy Damis, PFAA Secretary Treasurer
Hal Peterson, PFAA Member-at-Large
Karen Schultz, PFAA Member-at-Large