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Non-contract employees who are active on January 1, 2006, will also receive two (2) floating holidays. In some operational workgroups covered by the America West Employee Handbook, employees may elect to have the two floating holidays paid out. President’s Day, Monday, Feb. 20, 2006 and Columbus Day, Monday, Oct. 9, 2006 will be the holidays observed for this pay out. Accrual and use of floating holidays is explained in greater detail in the Employee Handbook (for pre-merger America West employees) and the US Airways Corporate Policy Manual (for pre-merger US Airways employees).You just posted so that is not an excuse.
Still waiting.
And when the ibt was voted out at WN and AMFA took over, there was not contract renegotiated as you just take over the exsisting CBA just like when the IAM was voted out at UAL, and AMFA took over, no new contract was negotiated just because of a change of representation.
Please show me in the RLA or the NMB representation manaul where a change in representation forces the company into Section 6 negotiations.
When AMFA took over at WN and UAL they did not have the right to open the CBAs.
Time for the ibt to post the sections of the RLA and NMB's policies that forces a company to open section 6 negotiations when there is a change of representation when the CBA is not amendable.
Will they admit they are wrong and spread false information?
We are not going through just a change in representation like the examples your gave... We are going through a Merger with a possible change in representation. NMB and RLA are not the only governing agentcies in this, being that under the RLA this dispute will be concidered a Major Dispute.
First off , it is documented that a change in representation does not make our IBT AWA contract a dead letter . The IBT contract will be serviced by IAM representing former HP employees until the current IAM contract is ammended. Case No. 92-7253 US Court of Appeals.
The same case involving USAir Shuttle inc. goes on, and on, and on but in a nutshell says since the formers unions member retified CBA was ammendable as of the date of the merger it is still ammendable and the company is legally obligated to renegotiate.
Its all on there website Teamsters along with a link to the court of appeals case.
November 7, 2005
US Airways Mechanic and Related Collective Bargaining Agreement Update
“Teamsters’ Misrepresentationsâ€
The Teamsters have been feeding misinformation to US Airways’ mechanics and related employees in a desperate attempt to collect enough authorization cards to force an election with the IAM after the National Mediation Board (“NMBâ€) rules that the combined US Airways and America West constitute a single transportation system or “single carrier.â€
The Teamsters’ latest tactic has been to distribute a court decision that arose in an entirely different situation than that faced by US Airways and America West mechanics today. In that case (AFA v. USAir), AFA sought to extinguish the TWU contract and apply its own USAir mainline contract to Shuttle flight attendants who had been represented by TWU before the NMB determined that USAir and Shuttle were a single carrier. The court, however, agreed with USAir that the TWU-Shuttle agreement survived the change in representation to AFA as a result of the single carrier determination.
The AFA case did not involve a carrier emerging from bankruptcy. Under bankruptcy law, a collective bargaining agreement cannot be modified after a company emerges from bankruptcy unless the company files a new Chapter 11 case.
In the AFA case the TWU-Shuttle contract was not amendable as the IBT-America West contract is in this case. Rather, when the AFA filed its lawsuit, it had been negotiating changes to its own agreement with USAir for nearly three years and did not conclude those negotiations for another six months.
The real holding of the AFA case is that “collective bargaining agreements survive a change in representative.†That has consistently been the policy of the NMB since the Railway Labor Act (“RLAâ€) was enacted. In its first annual report in 1935, the NMB wrote that “a change in representative does not alter or cancel any existing agreement made on behalf of the employees by their previous representatives.â€
The Teamsters’ misrepresentations put your contract and your future at risk. If there is a representation election for US Airways’ mechanics and related employees and fewer than 50 percent of all active and furloughed employees of US Airways and America West cast ballots, there will be no union representative and no contract, and the carrier will be able to impose any terms it wants.
Sincerely and fraternally,
William O’Driscoll
President and Directing General Chairman
The ibt contract means nothing to US, even if their is an election, and the ibt wins, they are going to be faced with the current IAM CBA and cannot renegotiate it until the amendable date of 2009.
Morning Mr. 70,How many mergers have you been in?
I have been in three. If and when the IAM is certified for single carrier status the former ibt represented mechanics become IAM members and fall under the exsisting CBA a transisition agreement is negotiated to bring them under the IAM CBA.
When the ibt represented PSA and US merged they fell under the US/IAM CBA. Same for PI except that PI was all ready IAM.
Protecting it's own?
So the question still lingers. WHY are they not confident and what are they afraid of?
http://www.fordharrison.com/fh/consultants/default.asp