NMB & Election News


Delta AFA - Opportunity. Unity. Respect

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September 3, 2010 - 3 September 2010 - Just in time to drive home the significance of labor’s holiday weekend, the National Mediation Board authorized our representational election and announced an official election schedule. Delta flight attendants everywhere kicked off the workers’ holiday with fresh excitement, knowing many months of hard work will soon culminate in an historic election to retain a legal voice in our future. Thanks to more democratic NMB voting rules established earlier this summer, this will be the first such election where every voice truly counts in the voting process. Read the complete press release HERE.

The Board's investigation determined our combined group is comprised of approximately 7,184 flight attendants from pre-merger Northwest joined with approximately 12,930 from pre-merger Delta. Voting instructions will be mailed to all employees on the eligibility list, and voting will commence on September 29, 2010, just after midnight. Polls will close November 3, 2010 at 2:00 p.m. EDT. The vote count will be known shortly thereafter. The eyes of the entire industry are on this vote, knowing its outcome has far-reaching implications on airline contracts throughout the country. For Northwest flight attendants, this election is about preserving more than 60 years of collective bargaining rights. For Delta flight attendants, it is gaining the strength of a unified voice, so critical to our profession.

September 2, 2010 - The National Mediation Board (NMB) notified us they’ve authorized our election! No election dates have been scheduled, but we could know election dates by next week. This means that the NMB found that our “showing of interest” we filed on Friday, August 27th was accepted and approved by the NMB. Today the NMB ordered Delta management to produce mailing labels for all eligible voters by September 9th. Management requested and was granted an extension, given the Labor Day holiday. The labels are for the mail house that will print the voting instructions and mail them to all flight attendants on the eligibility list. Delta provided the eligibility list to the NMB on Monday, August 30th. A dedicated team of PMDL & PMNW flight attendant campaign activists will review the company-provided eligibility list, checking for accuracy and to determine if anyone on the list should be ruled ineligible. As a general rule, the NMB allows the printing firm 2-3 weeks to print the voting instructions and envelopes and prepare them for mailing. With this information we predict our voting time frame will begin in late September or early October.

August 27, 2010 - AFA-CWA filed its "showing-of-interest" with the National Mediation Board (NMB). The showing-of-interest process means that we provided cards signed by PMDL flight attendants and the System Seniority list of PMNW flight attendants to show that we have support or interest from at least 35% of the total group in order to call a representation election. Delta has until Tuesday, August 31 to provide a list of eligible voters for the election. These are the critical steps necessary for the NMB to call for the election and set the election dates. We continue to believe that we will be voting by the end of September and/or the first week of October.

August 17, 2010 -The National Mediation Board (NMB) issued its determination that Delta Air Lines is a Single Transportation System (STS) for the purposes of a representational election, as requested in AFA's July 1 petition. This decision initiates the election process, starting with a 14-day window, during which AFA will submit our showing of interest to be placed on the representational ballot. Other parties seeking to represent DAL Flight Attendants must submit the necessary 35% showing of interest (signed NMB cards) by August 31, 2010, as well. The NMB has not yet determined the actual election timeline, which is expected to follow shortly thereafter.

August 10, 2010 - No news yet from the NMB regarding our own election, however today the NMB ruled that Delta illegally interfered in the IAM Sim Tech election that took place earlier this year and has ordered a re-run of that election. As we can all see management's campaign to toss our right to a legal contract is ramping up as well. Visit www.deltaafa.org for tools you can use to help preserve our collective bargaining rights! Are you experiencing Election Interference by management? Click HERE.

July 21, 2010 - Despite the Air Transport Association and Delta Air Lines' appeal today of the court decision on the new NMB voting rules, the process for calling for our election continues. As you know, we filed with the NMB on July 1, 2010, asking the agency to declare Delta-Northwest a single transportation system. On that same day, the NMB sent a letter to Delta executives and AFA-CWA requesting certain information from Delta and a deadline to respond to the letter. The deadline was July 16, 2010. Delta responded last Friday, July 16, 2010 - concurring with AFA-CWA and declaring that it is a single transportation system. AFA-CWA had five (5) days to respond to Delta's response.

Today, our AFA-CWA General Counsel Ed Gilmartin sent this letter to the NMB, meeting our deadline. The short letter acknowledges that Delta has agreed with AFA-CWA that NWA-Delta is a single transportation system and asserts that the NMB should declare NWA-Delta a single transportation system. From here, the NMB will make its determination - as we expect it will - that NWA-Delta is a single transportation system. Once it does, some additional procedures will take place, but ultimately the NMB will declare that a dispute exists and will call for an election. We continue our march toward Opportunity, Unity and Respect and a World Class Contract for all Delta flight attendants.

July 15, 2010 - Delta's Response to NMB - 7/15/10
July 1, 2010 - We Filed! NMB Pre-Docket Letter
June 28, 2010 - Court issues final order and opinion, ATA/Delta Vs. NMB HERE

June 25, 2010 - Democracy wins again! The U.S. District Court in Washington, DC has just issued its decision granting summary judgment to the National Mediation Board (NMB), in support of new voting procedures. The order denies the preliminary injunction request made by ATA/Delta. U.S. District Judge Paul Friedman indicated a written opinion will follow on Monday, June 28th. Click HERE for more information and to read the official AFA-CWA press release. Your MEC will provide more information when it becomes available.

June 21, 2010 - Today's hearing in United States District Court in the District Of Columbia regarding the ATA/Delta legal challenge to the NMB voting reform rule ended earlier this afternoon. Government lawyers from the Department of Justice represented the NMB. A lawyer from the Teamsters worked with with Justice Department's lawyers to present the government's case. ATA (includes Delta) lawyers, an attorney for the U.S. Chamber of Commerce (Jack Gallagher) and a lawyer from NRTW Foundation representing a handful of Delta employees presented the plaintiff's case. The Judge limited oral arguments to one hour for each side. Lengthy legal briefs have already been submitted to the judge from both sides. In a post analysis of the hearing, a group of attorney's from various labor organizations indicated that our written briefs are sound and written briefs are vastly important in this type of hearing. The judge told the courtroom, at the end of the hearing, that he is keenly aware of the June 30/July 1 dates in which the new NMB would be final. July 1 - just after midnight - is when the rule becomes final and active. June 30 is the last day that the rule is enjoined or not imposed. He indicated that he is aware that if he rules on all issues for one side or the other that the case can be immediately appealed. No decision today was expected, but as soon as we know of a decision, we will broadcast the decision immediately.

June 10, 2010 - The court in the ATA v. NMB suit has issued an order converting the ATA's preliminary injunction motion into a motion for summary judgment, and re-scheduled the next hearing on that motion to June 21, 2010, at 1:30 pm. Therefore the June 21 hearing will now be a final hearing on the merits - the court will rule on the ATA's motion to overturn the new balloting rule.

U.S. District Court, District of Columbia, Notice of Electronic Filing
The following transaction was entered on 6/10/2010 at 12:03 PM and filed on 6/10/2010
Case Name: ATA v. NMB
Case Number: 1:10-cv-00804-PLF
Docket Text:
MINUTE ORDER: Plaintiffs' motion to consolidate the hearing on the motion for a preliminary injunction with a final hearing on the merits [47] is hereby GRANTED. The following schedule has been agreed by the parties: the date for the hearing, which was scheduled for June 14, 2010, will be rescheduled for June 21, 2010 at 1:30 p.m. Each side shall have no more than one hour for argument, which will include any argument made by the intervening parties as well as any time reserved for reply. The Court will convert ATA's motion for a preliminary injunction into a motion for summary judgment. The government may file a motion for summary judgment, with a supporting brief of no more than 20 pages, by June 15, 2010. ATA may file a response brief of no more than 20 pages by June 17, 2010. The intervenors may file briefs of no more than 10 pages by June 17, 2010. The government has reserved the right to move for leave to file a reply of no more than 10 pages. If the Court grants leave to file a reply, the reply will be due by 5:00 p.m. on June 18, 2010. Signed by Judge Paul L. Friedman on 6/10/10. (lcplf1).