In its June 5 2-1 ruling, the NMB, which governs labor-management relations at airlines and railroads, said American could not demand, retroactively, application of a new federal law requiring unions to collect election authorization cards from at least half of the workers, rather than from 35%. CWA presented its needed cards on Dec. 7, 2011, but American had stalled the board’s ruling with its appeal and a lawsuit.
“There is no statutory language or legislative history indicating Congress intended for the amendments to the Railway Labor Act,” the law that governs airline labor relations, “to be applied retroactively,” the board majority ruled (their emphasis). The new law, with its 50%+1 card requirement, “cannot have a retroactive effect on a party’s rights or liability without clear congressional intent,” NMB added.
The federal agency also turned aside another American delaying tactic: A company demand that NMB ask the Justice Department for a ruling on which law governing union recognition elections – the old one or the new one – should apply.
CWA hailed the ruling, which lets the election go ahead. But it’s being conducted under unusual circumstances: American is in bankruptcy court and bargaining with its other unions, led by the Transport Workers, over revising their contracts. It’s also up for sale, and three other unions at the airline support its sale to USAirways, TWU President James Little told the carrier’s board in an early-May letter.
“American Airlines has been doing everything it can think of, legal and not, to stop nearly 10,000 agents from exercising their legal right to a union representation vote,” CWA said. “The airline repeatedly refused to turn over the list of agents, violating a direct order from the board. The latest outrage was a lawsuit” American filed on May 2, trying “to substitute its own judgment for that of Congress, so it can stop passenger service agents from having a union voice.”
CWA’s petition to the NMB for a vote at American also drew backing from top congressional Democrats. The lawmakers demanded American CEO Thomas Horton “obey the law and stop blocking workers’ right to vote in a democratic union election.”
The union also said American is using the bankruptcy process – even though it has $4 billion in the bank – to rip up workers’ contracts, pensions and job security. And it wants to outsource service jobs in 45 days, CWA added. “The workers very much want their union representation election before their jobs are gone,” CWA said.
This article was written by Press Associates, Inc., news service. Used by permission.
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In its June 5 2-1 ruling, the NMB, which governs labor-management relations at airlines and railroads, said American could not demand, retroactively, application of a new federal law requiring unions to collect election authorization cards from at least half of the workers, rather than from 35%. CWA presented its needed cards on Dec. 7, 2011, but American had stalled the board’s ruling with its appeal and a lawsuit.
“There is no statutory language or legislative history indicating Congress intended for the amendments to the Railway Labor Act,” the law that governs airline labor relations, “to be applied retroactively,” the board majority ruled (their emphasis). The new law, with its 50%+1 card requirement, “cannot have a retroactive effect on a party’s rights or liability without clear congressional intent,” NMB added.
The federal agency also turned aside another American delaying tactic: A company demand that NMB ask the Justice Department for a ruling on which law governing union recognition elections – the old one or the new one – should apply.
CWA hailed the ruling, which lets the election go ahead. But it’s being conducted under unusual circumstances: American is in bankruptcy court and bargaining with its other unions, led by the Transport Workers, over revising their contracts. It’s also up for sale, and three other unions at the airline support its sale to USAirways, TWU President James Little told the carrier’s board in an early-May letter.
“American Airlines has been doing everything it can think of, legal and not, to stop nearly 10,000 agents from exercising their legal right to a union representation vote,” CWA said. “The airline repeatedly refused to turn over the list of agents, violating a direct order from the board. The latest outrage was a lawsuit” American filed on May 2, trying “to substitute its own judgment for that of Congress, so it can stop passenger service agents from having a union voice.”
CWA’s petition to the NMB for a vote at American also drew backing from top congressional Democrats. The lawmakers demanded American CEO Thomas Horton “obey the law and stop blocking workers’ right to vote in a democratic union election.”
The union also said American is using the bankruptcy process – even though it has $4 billion in the bank – to rip up workers’ contracts, pensions and job security. And it wants to outsource service jobs in 45 days, CWA added. “The workers very much want their union representation election before their jobs are gone,” CWA said.
This article was written by Press Associates, Inc., news service. Used by permission.