Q & A
Questions and Answers 37 - 38
Question 37: Now that there’s federal legislation regarding seniority list integration, how does that work if we have a union, or if we don’t? Don’t we end up with “date of hire” anyway?
Answer: The seniority merger legislation (H.R. 2764, SEC. 117. LABOR INTEGRATION – Omnibus Budget Bill) was adopted by Congress after an intensive lobbying effort by AFA-CWA, to provide a “floor” or minimum protection for seniority. Prior to this law there was no legal protection for seniority, which led to unfair results – like thousands of senior TWA flight attendants being stapled to the bottom of the seniority list at American.
If both work groups in a merger are represented by the same union, the law explicitly recognizes that the union’s merger policy has jurisdiction. So, if Delta flight attendants vote for AFA-CWA, or if we all vote to keep AFA at the time of the merger, then our full, current bidding seniority will be protected under AFA’s date-of-hire merger policy in our union’s Constitution and Bylaws (C&B). If both groups are not in the same union, or if both groups are unrepresented at the time of the merger, then the minimum protections of the new law kick in, and seniority would be integrated on the basis of a “fair and equitable” standard.
H.R. 2764 is based on Sections 3 and 13 of the Allegheny-Mohawk Labor Protective Provisions (LPPs). It doesn’t guarantee date-of-hire protection, but it does provide for final and binding arbitration if the two groups cannot agree on how to integrate the seniority lists. An arbitrator, independent of the company or the union, is selected from a list provided by the National Mediation Board and hears both sides of the seniority integration case. The law recognizes that if one or both groups is not represented by a union, they can still avail themselves of the arbitration process, but it would be at the group’s own expense.
While Delta executives are hinting that one group might get a better result under the omnibus system – instead of AFA’s date-of-hire policy – don’t fall for management’s propaganda. The US Airways pilots thought they would do better under a “fair and equitable” arbitration decision just like in the new legislation. But when their case was heard they actually ended up losing seniority. The seniority integration language in AFA’s Constitution and Bylaws is so much better. As the US Airways pilots are finding out, once an arbitrator issues a final and binding ruling, it’s next to impossible to do anything about it, even if seniority is unfairly taken away.
Question 38: Richard Anderson has given his word in front of Congress that there won’t be any involuntary layoffs of frontline employees. This is the same Richard Anderson who tried to outsource our jobs in the early ‘90s. What would prevent him from putting this plan into place again if we lose our union?
Answer: Delta and Northwest executives have been very careful when they have spoken about the impact of the merger on employees. They have avoided saying there will no involuntary layoffs; they have said they don’t anticipate any layoffs of frontline employees as a direct result of the merger. They leave themselves an out, saying that other factors like the rising cost of fuel could result in layoffs.
Mr. Anderson has likewise attempted to skirt the issue of outsourcing. For example, Delta recently published a piece attacking AFA for suggesting that outsourcing is a real threat, and claiming that Delta never outsources. The only problem with that statement? It is false. When Delta acquired Pan Am it also acquired Pan Am’s foreign national flight attendants. There were foreign nationals based in Tel Aviv, Warsaw, New Delhi and Mumbai. In fact, the Mumbai flight attendants were the last to go after U.S.-based Delta crews began non-stop flights from NYC to BOM.
To say that Delta does not outsource international flying is not true. Delta is simply not outsourcing international flying at this time. And, of course, many of the Northwest executives who fought us for the right to outsource our flying worked with or were hired by Mr. Anderson when he was here at Northwest. The only thing that will guarantee Delta does not outsource international flying is the same thing that prevented Northwest from doing it: a strong, enforceable union contract.
Posted by Communications on 05/20 at 06:16 PM