Delta AFA - Opportunity. Unity. Respect
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SCOPE & RLA LAWSUIT UPDATE - 19OCT10
SCOPE: Earlier this year AFA filed a grievance per Section 1 of our contract due to Delta’s violation of our Scope clause. The company filed a lawsuit to block arbitration over the issue and we filed a countersuit in federal court. AFA won a venue change to Washington DC from New York on June 28, 2010. At this time there is no additional news on our Scope case from the court. Click HERE to read our filling.
RLA: AFA filed a Railway Labor Act complaint in federal court in August over Delta’s continuing and intensifying violations of our contract. Delta originally had 60 days (until October 19th) to respond, however the company requested and received an extension from the court. Delta now has until December 20, 2010 to respond to the Railway Labor Act LAWSUIT, which AFA filed in late August in response to management’s intensifying violations of our contract. We will keep you updated with any additional information, including management’s response, as soon as it becomes available. Click HERE to read more about the RLA complaint.
Profit Sharing & Success Sharing Update
5 September 2010 - Every year, pre-merger Northwest Flight Attendants are eligible for our contractual profit sharing plan, and this year is no exception. Despite rumors to the contrary, even Delta admits our contract provides this benefit. Of course, the downside to this kind of “compensation” is that if the company does not show an annual profit for any reason, there is nothing for us to “share.” Neither PMNW nor PMDL employees received a pay-out this year, due to last year’s loss. Conversely, if the company is profitable in 2010, we will be paid per the terms of our agreement, no later than April 15th of the following year. Pre-merger Northwest profit sharing is a contractually defined program with a formula agreed to by both parties. Our plan cannot be unilaterally changed, from month to month, year to year. The PMDL plan is one of policy, subject to management’s discretion, just like their work rules, on-board rest, sick time (PPT) and uniform allowances. Known for sharp turns as much as wind-driven evolution, Delta makes frequent policy adjustments, often without notice, quietly posting modified documents on the DeltaNet.
Quarterly Performance Incentive/“Success Sharing:” Much has been said about the PMDL “Shared Rewards” payments on DeltaNet. All the while, ours have been quietly added to our paychecks this year in March, June, and August. Delta did unilaterally change the terms of our Success Sharing program, however, in violation of terms agreed upon HERE. This has, undoubtedly, affected payouts under our program and is the subject of an MEC “et al” system wide grievance. Despite yet another example of Delta management not honoring its commitments to PMNW flight attendants, we are fortunate to retain the right and ability to challenge such unilateral changes via our contractual dispute resolution process.
Posted by jrook on 09/02 at 03:17 PMAugust 19, 2010 - AFA Files Lawsuit to Compel Delta to Comply With RLA
Dear Colleagues,
It has been a challenging few years since Northwest Airlines filed for bankruptcy for the first time in its history - “coincidentally” on the same day as Delta Air Lines and in the same court. We’ve been through an awful lot, but due to our tenacity, hard work and sacrifice, we have protected all of our jobs and brought our company through bankruptcy. Now we’re doing everything we can to ensure our merger is successful in spite of the many hurdles we have increasingly had to face.
Your Master Executive Council would like you to know that we’ve heard our fellow members’ outrage loud and clear. We’ve all given far more than our fair share, even as we watched our pilots negotiate a new industry leading contract and our executives snap back to pre-bankruptcy compensation. Even though we’ve shouldered the lion’s share of the concessions since bankruptcy, management now imposes additional cuts through their unwillingness to abide by our legally binding contract. That is not acceptable, nor is it the right thing to do. We are Delta and we have made our company strong again. We deserve better than this.
It is our solemn responsibility to uphold and defend our contract and we will use any means necessary to do so. To that end, today we filed a lawsuit against Delta Air Lines in the United States District Court in Washington, DC. This case arises from Delta Air Lines numerous and intensifying violations of the collective bargaining rights of 7,168 pre-merger Northwest Airlines flight attendants.
Delta management has been unwilling to resolve disputes with us despite its statutory obligations to do so, pending completion of the election process. Currently, Delta routinely violates our contract in ways both big and small: refusing to negotiate over numerous issues, refusing to arbitrate the LOA 35 #2 “Me Too” grievance, imposing inferior Delta scheduling policies on our members, refusing to work together to resolve serious health & safety issues, not notifying flight attendants of schedule and hotel changes, disciplining a union leader for simply submitting honest feedback about this summer service and scheduling fiasco, and much more.
After this pressure cooker of a summer, which was designed and executed solely by our new corporate leadership team, our members and leaders have reached the boiling point. We are all flight attendants; we hear you and we have acted on it.
In our complaint, AFA requests injunctive relief compelling Delta to abide by the requirements of the Railway Labor Act, as well as monetary relief and punitive damages. To read the entire complaint, click HERE.
In unity for a better future,
Janette Rook
DTW Flight Attendant &
NWA AFA MEC President
UNITED WE BARGAIN, DIVIDED WE BEG
A Message of Unity from NWA-AFA MEC President Janette Rook
Whether pre-merger Northwest or Delta, we are all flight attendants. Together, we’ve formed the largest airline in the world. We share many of the same concerns. We have similar dreams for our future. And whether based in the north, south, east, or west, we go to our office in the sky and do our best to care for our passengers and one another.
It is no secret that past mergers became divisive at times, but we can do better. Let’s choose to avoid management’s divide and conquer tactics, recognize our individual strengths and join together as the unified team of professionals that we are. By focusing on our goals and sticking together, we can make our airline a great place to work for years to come.
Through this summer’s hectic schedule, its catering issues, hot airplanes and tight staffing, keep taking care of each another, without yielding to divisive tactics. Let’s give constructive feedback directly where it’s needed: to our management team. Beyond working hard to make our airline great and holding executives accountable for a safe and viable operation, we must focus on our collective goal of a world class contract. Our pilots and others enjoy the security and respect a contract provides, and the equal business relationship that comes with it. We can do the same, together.
We are Pro-Delta AND Pro-Contract. DeltaAFA - Opportunity. Unity. Respect.
Posted by dgrey on 07/19 at 04:54 PMJune 28, 2010 Scope Grievance/DL Lawsuit Scope Update
June 28, 2010 - Following our submission of a counterclaim and our request for venue change to Washington DC, the Court ordered today that the New York case for Delta’s Scope lawsuit will be closed and the matter will be transferred as we requested to the Washington DC Court. The notice of the filing is below.
U.S. District Court
Eastern District of New York
Notice of Electronic Filing
The following transaction was entered on 6/28/2010 at 4:35 PM EDT and filed on 6/28/2010
Case Name: Delta Air Lines, Inc. v. Association of Flight Attendants-CWA
Case Number: 1:10-cv-01129-ENV -VVP
Filer:
WARNING: CASE CLOSED on 06/28/2010
Docket Text:
Case transferred to District of Columbia. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.
June 10, 2010 - There isn’t much news on the lawsuit Delta filed to stop our Scope grievance and our counter suit. AFA’s change of venue request has been briefed, but the court has not yet ruled on our motion to move the case from New York to Washington DC. Other than that, unfortunately we have no news. As soon as we do, we will update the membership.
Posted by jrook on 06/10 at 01:22 PMAFA Answers Delta Lawsuit, Files Counterclaim
April 9, 2010 - Our Collective Bargaining Agreement (CBA) calls for all disputes over Section 1 - Scope to be resolved by an expedited 60-day arbitration process. In direct violation of these agreed-to procedures, Delta responded to our recently filed Scope Grievance by going to federal court to ask for permission to violate its own contractual promises and not arbitrate the grievance. Last week AFA responded to Delta’s lawsuit and filed an answer and counterclaim requesting the court to compel the company to follow the contract and arbitrate our Scope Grievance. A venue change was also requested at the same time the answer/counterclaim was filed.
This week, AFA once again offered to coordinate with Delta to most efficiently work through contractual disputes. As union members, we are equal business partners in this endeavor because we have a contract; as employees, we have the greatest vested interest in our employer’s success. Recent company actions legally obligate AFA to respond in order to uphold your contractual benefits. Even so, we hope to sit down and work together with Delta to resolve outstanding differences. To that end, NWA-AFA MEC President Janette Rook extended THIS OFFER, as we anticipate the opportunity to expedite progress.
Posted by jrook on 04/10 at 09:25 AM
Delta Hires High Priced 3rd Party Law Firm
Please see below for documents submitted so far to the NMB, by the law firm of Paul Hastings for Delta Air Lines, and from AFA, regarding our application for single carrier determination for the purposes of flight attendant representation.
The law firm of Paul Hastings and the attorney Jack Gallagher in particular - have been hired by management to represent Delta Air Lines for our upcoming union representation election and NMB process. Mr. Gallagher is reportedly an expert in slashing contracts in bankruptcy, creating non-union subsidiaries, and just good old fashioned union busting. It's an outrage that in these times of job cuts and company losses, our management team would choose to hire an expensive outside law firm, simply for the purposes of union busting. How many jobs could be saved and benefits improved if the money for this firm went unspent? Union contracts give us bargaining power and Delta executives clearly acknowledge that value by fighting so hard to block our right to a contract in the future.
Despite the flood of cash executives choose to spend, we are buoyed by increasing support at both Northwest and Delta. The chance for collective bargaining rights at the new Delta is actually quite simple to achieve for individual flight attendants. We can and will protect our career by working together. Take a second to put on your union pin and an AFA bag tag and have conversations with fellow flight attendants, spend a few minutes on the phone or internet to vote in our upcoming representation election, and that will ensure that we have the chance to negotiate our own legally binding contract. Our pilots, meteorologists and executives have decided they want a contract at Delta, and they know there is nothing anti-company or substandard about a legally binding contract - its just good business sense. We are Pro-Delta and Pro-AFA. -- MEC President Janette Rook
 Exibit list |
AFA Response |
Delta Response |
Prepare NOW! Join The Campaign
A joint campaign has been set up to make sure we retain our contract and our union. A Committee of Northwest and Delta flight attendants (The Campaign Coordination Committee or C3) are in place to achieve a successful organizing campaign and provide AFA representation for the Delta and Northwest combined flight attendant group at the 'new' Delta global airline. Our strategy to win our next vote is a '50 State Strategy' that requires flight attendant activists and leaders in every state where Delta and Northwest flight attendants live. To join the campaign, please visit the Join The Campaign page of our website and contact the Regional Leader(s) for the state where you live. A complete list of activists and their contact information can be found on this web page.
APOLOGY & ENDORSEMENT FROM DELTA PRESIDENT ED BASTIAN ON THE HORIZON?
In a vicious anti-union video distributed by Delta Air Lines last year, Mr. Bastian stated, "If someone came in and was able to convince me that AFA actually allowed us to serve our customers better, I'd say vote for a union, but I don't believe that to be the case." Well, the 2009 Airline Quality Ratings for 2009/2008 performance were announced in April and the highly unionized Northwest ranked 4th in overall quality, with Delta coming in at 12th with the worst performance of any major carrier, and just above the regional carriers. For the record, 4 AFA represented carriers were in the top 5 positions in the survey, demonstrating that representation is a benefit to customer service in the airline industry and not a hindrance.This week I sent Mr. Bastian a request Letter to Bastian for an apology for Northwest flight attendants for his suggestion that unionized flight attendants don't care about customers the way Delta flight attendants do. That was not only an insult to Northwest's dedicated flight attendant group, but was also a slur against flight attendants everywhere. But more than his apology, based upon his earlier comment, we eagerly await his endorsement for AFA to represent all flight attendants at the new Delta. After all, our customers deserve it.
- MEC President Janette Rook
Airline Quality Rating Scores |
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