Carrier responds to NMB request regarding CO/CMI mediation
United Airlines responded to the NMB’s request to comment on the Teamster’s objection to move sub Continental and sub Continental Micronesia into mediation. The Division disagrees with the company’s position and remains ready to defend its position to the NMB when and if they require further comment. In their response they wrote;
With respect to Continental Micronesia, Inc. (“CMI”), the IBT contends that mediation is premature and the Board lacks jurisdiction because the parties have not yet engaged in any direct conferences or negotiations. This is incorrect. The text of Section 5, First, states that a carrier may invoke the services of the Board in a case where there is “[a] dispute concerning changes in rates of pay, rules, or working conditions not adjusted by the parties in conference.” The IBT does not challenge the validity of the Section 6 notice that re-opened the CMI/IBT Collective Bargaining Agreement. Thus, there clearly is a pending “dispute concerning changes in rates of pay, rules, or working conditions,” and that dispute clearly has “not [been] adjusted by the parties in conference.” The text of Section 5, First, does not require that the parties must engage in any particular number of conferences (or any conferences at all) before the Board’s services may be invoked, and the IBT’s October 14, 2011 letter cites no authority in support of such a limitation on the Board’s jurisdiction. In any event, even if it were necessary for the parties to have engaged in a conference, the parties are scheduled to do so on November 8, 2011.
With respect to Continental Airlines, Inc. (“Continental”), the IBT first contends that the contractual re-opener provision in Article 1.D.4 of the Continental-IBT Collective Bargaining Agreement, and hence Section 6 of the Railway Labor Act, have not been appropriately triggered because the process of merging the airline operations of Continental and United has not yet been completed. However, the interpretation of the contractual re-opener provision in Article 1.D.4, and the validity of Continental’s Section 6 notice, are issues of contract and statutory interpretation over which the Board of Adjustment and the federal courts have exclusive jurisdiction. The Board should exercise its mediatory jurisdiction based on the notice of intended change served by Continental. The IBT also contends that mediation is premature because the parties have not engaged in any direct conferences or negotiations since the service of Continental’s notice on October 7, 2011. For the same reasons discussed above, while the absence of such conferences may be relevant to how the Board exercises its discretion in providing its mediatory services, it is not relevant to whether the Board has jurisdiction in the first place.
ASA Negotiations Continue
ASA MX negotiations continued November 2nd through November 4th with a TA achieved on Section 4, (Seniority). To date Sections 5 – (Filling of Vacancies), 6 (Reduction in Force and Recall), 13 (Training), 14 (Safety and Health), 20 (Grievance Procedure) and 21 (System Board of Arbitration) have been tentatively agreed to.
Progress was also made on Sections 3 (Classifications), 10 (Leaves of Absence) and 12 (Fieldtrips)during the session. Due to the upcoming holidays and scheduling conflicts, the next session with the company will not occur until January 4th, although the committee will continue meeting throughout November and December to complete contract proposals to pass to the company at that time.
Question and Answer sessions for the LU 528 members’ will be held in Atlanta on December 7th to discuss the negotiations and answer member’s questions. The meeting will be hosted by Local 528 principal Officer Don Toney and BA Johnny Edwards. The panel will consist of Airline Division Director David Bourne, Airline Division Attorney Nick Manicone, Airline Division Representative Chris Moore as well as Negotiating Committee members Mike Cline BA (Local 19), Geoff Maloney, Juan Ruiz, Don Taylor, and Chris Rogers. Meeting times and Location will be announced in the coming days.
ASA / XJT Stock Clerk Negotiations Commence
The IBT Negotiating Committee led by Local 210 Business Agent Bob Luciano, Airline Division Representative Chris Moore, and Local Union Business Agent Mike Cline will meet with the company on December 14th and 15th in Atlanta. A steering committee from the work group will be formed shortly in order to ensure member input.
XJT MX Negotiations to Continue in Mediation
On Tuesday, November 1st, the Federal Mediator who has been assigned to work on the XJT contract negotiation met with both the Company and Union leadership in separate sessions at the National Mediation Board offices in Washington, D. C.
After going through the formality of explaining the process and the role of the mediator, the parties discussed the issues and the mediator explained how he wished to proceed. Although the mediator has no dates available for the rest of the year, he has committed to providing the parties a series of meeting dates early in 2012.
U.S. Foods Retaliates Against Employees, Teamsters Mobilize In Unity
On Sunday, October 30th, two US Foods maintenance workers in Streator, Illinois were forced to strike after the company refused to bargain in good faith and after it retaliated against one of them for serving on the bargaining committee.
In the ultimate show of solidarity, thousands of Teamsters all across America have put up sympathy pickets at US Foods facilities and exercised their right to honor picket line extensions originating from the Streator facility. In refusing to cross these picket lines, US Foods Teamsters have sent a strong message to the company and its private equity owners that no employee should ever have to experience unfair treatment in the workplace.
To date, US Foods has not taken any steps to address the Unfair Labor Practice charges filed in Streator, IL. To friend the campaign, go to: www.facebook.com/usfoodserviceworkers
Airline Industry News
Government and Regulatory
The Government Accountability Office said the TSA last year found non-compliance issues at a number of airports inspected but had no consistent way to compare or assess the level of risk…The Federal Aviation Administration is concerned about cracks in the fuselage of several Boeing 737 models.
Airlines and Labor
Aeromexico plans to expand its maintenance, repair and overhaul operations in Guadalajara, Mexico, through a joint venture with Delta Airlines…Frontier
Airlines may face layoffs as its parent company, Republic Airways, trims its schedule.
United Parcel Service has reached an agreement with the union representing aircraft maintenance technicians and other employees to return some laid-off employees to work. Mike Mangeot, manager of public relations for UPS Airlines, said the
mechanics brought back will primarily fill in for employees on disability or leave. "This is a temporary situation; we are not bringing back any of our laid-off mechanics on a permanent basis," he said…USAirways is moving some customer-service positions from a Manila, Philippines, call center back to U.S. soil through an agreement with one of its unions…
Boeing CFO James Bell announced that he plans to retire in April after serving in the position since 2003