Questions & Answers

Questions and Answers 1 - 9

Question 1: If there’s a merger, could we lose our Union representation and our contract?

Answer:  Yes, we could.  If there’s a merger, there will be a representation election at the merged airline unless the other group of Flight Attendants is already part of AFA-CWA.  If less than a majority of the combined group casts a vote we would lose our union and our contract immediately.
Here are two possible scenarios if Northwest and Delta announce a merger (the most probable consolidation, according to industry analysts):

Scenario A:  If Delta Flight Attendants enter a Northwest merger without union representation.

If the Delta Flight Attendants are still non-union at the time of a merger, the National Mediation Board (NMB) will call a representation election for the entire combined group of flight attendants from the two airlines.  This election is automatic if at least 35% of the combined Delta and Northwest Flight Attendant workforce either belongs to a union or has signed a union card.  Assume first that Delta presently has about 13,000 Flight Attendants (thousands of whom have already signed AFA-CWA cards) and Northwest has about 8,000. So we would meet that 35% threshold (13,000 + 8,000 = 21,000 x 35% = 7,350) either represented by or having signed a union authorization card.
In order to retain union representation and our collective bargaining rights, 50% + 1 of the combined workforce must cast a vote (or, using the approximate numbers above: 21,000 x 50% = 10,500 + 1).  In this example, if fewer than 10,501 flight attendants from the combined workforce cast a vote, no union is certified the winner and we would immediately lose all union protections and our contract.  Not casting a vote has the same effect as voting against union representation.
The ballot will have AFA-CWA listed by name, along with a line for a write-in vote for any other union the voter may wish to choose.  If another union can demonstrate support with signed cards from at least 35% of the combined workforce, then that union(s) could have its name also printed on the ballot.
Again assuming there are 21,000 flight attendants in the combined workforce, as long as 10,501 participate in the union election, the union with the majority of the votes cast wins the representation.  If no union gets a majority of the votes cast then there would be a runoff election between the top two union vote getters.  In the runoff there is no requirement of a 50% + 1 turnout.

Scenario B:  If Delta Flight Attendants enter a Northwest merger with AFA-CWA as their Union.

If Northwest merges with Delta, and DL Flight Attendants vote in AFA-CWA as their Union before the NMB declares the merged airline to be a “single transportation system,” then both groups are part of AFA-CWA, and Union representation would continue.  We would still have the protection of our current contract, until we negotiate a new one for the combined group.

Question 2: We know the Delta Flight Attendants are in the middle of an organizing campaign.  If they file for a representation election before a merger is announced, will the election proceed?

Answer: National Mediation Board precedent indicates the election would go forward, regardless of a merger announcement.  For example, when US Airways announced an acquisition and merger with Pacific Southwest Airlines (PSA) in the 1980s, the PSA Flight Attendants quickly petitioned for an election in order to protect their seniority.  The NMB went forward with the election despite the pending merger, allowing the PSA Flight Attendants to vote in AFA in time to lock in their seniority.  (According to the AFA-CWA Constitution and Bylaws, the “seniority date” is “the date from which each flight attendant accrues competitive [bidding] seniority as a flight attendant on her/his current seniority list.”)

Question 3: What will happen to our seniority?

Answer: After intense pressure from AFA-CWA activists, new seniority merger protection language in the omnibus budget bill recently passed through Congress despite objections by airline lobbyists.  This now provides a seniority “floor” in airline mergers, but not complete seniority protection.  If there’s a merger with a non-Union airline (for example, if Delta FAs are not yet organized at the time of the merger), then the law provides a process for “fair and equitable” seniority integration, up to arbitration by an outside arbitrator if the parties cannot agree on terms.  This should prevent what happened to the TWA Flight Attendants when they were stapled to the bottom of the American seniority list, but it isn’t foolproof:  US Airways pilots thought they would end up on top using an identical process, yet the arbitrator ultimately ruled against them and they lost seniority.
If the Flight Attendants at both of the merging carriers belong to AFA-CWA, then seniority will be integrated on the basis of the merger policy in the AFA-CWA Constitution and Bylaws, which supercedes federal legislation in such cases.  Under AFA-CWA policy, everyone’s full current seniority (as defined in the C&B) at both carriers is protected, and the lists are merged together on that basis.

Question 4: Do we have to vote again?

Answer:  If the Delta Flight Attendants win AFA-CWA representation in a separate election prior to the merger, then there would be no need for the Northwest Flight Attendants to vote again.  But if the Delta Flight Attendants are still non-union at the time of the merger, then there will be another vote to determine Union representation for the combined Flight Attendant workforce.  As noted earlier in this Q & A, that election will be held under NMB rules.
Like previous representation elections, at least 50% + 1 of the combined Flight Attendant group must cast a vote, or the result would be no union and no contract. If less than a majority of the combined workforce casts a vote we would lose our contract—including our scope language and all Union representation—immediately. Management would then be free, for example, to outsource our flying, change our scheduling rules, cut our sick leave, or do anything else they wanted to do.  That’s why it is so important that we all stand together and that everyone cast a vote for AFA-CWA representation if there is an election.

Question 5:  Delta seems to have it much better than we do, so why do we need a Union?

Answer: Delta does not have it better overall than we do. In fact, many of DL’s workrules are much worse than ours.  Things we take for granted are unheard of at Delta, like having access to the seniority list to guard against seniority violations.  And, things that we have fought for at Northwest are not part of the “policy manual” at Delta—sick time cannot be carried over into the following year.  There are many other examples where their current workrules at Delta are worse than ours, but remember:  the biggest difference is that there is no legally enforceable contract at Delta and management can and does change the pay, benefits and working conditions whenever it wishes.  If Delta management decides to cut their pay, change their seniority or outsource international flying, they just do it because there’s no legally binding contract to prevent it.
Delta’s Flight Attendant unit costs are the lowest of the major legacy carriers, substantially lower than ours, overall.  Ask yourself, if their costs are lower, what’s the first thing the controlling management group will try to do after a merger?  If there’s no contract and no Union, management will cut our costs even more to bring us in line with Delta.  Don’t fall for the management propaganda:  yes, Delta’s hourly rates are higher than ours, but the full package doesn’t add up.  Management would love to have a free hand to outsource our jobs and impose conditions even worse than those forced upon us by the U.S. Bankruptcy Court.  If you’re not crazy about this concessionary contract, negotiated under the constraints of bankruptcy, imagine your life without any contract.

Question 6: What is the Union doing for us, and how can we help?

Answer: Your Union leaders have adopted a strategic action plan to secure our contract and our representation rights in the event of a merger.  AFA-CWA’s professional negotiators and attorneys are working closely with our Northwest MEC leadership to monitor developments and prepare for a merger. Once there?s an announcement of a merger involving Northwest, we will evaluate the specifics and determine our best course of action.  We have already set the groundwork by establishing conditions for support of a merger, and we will be aggressive in pursuing an agenda that protects the rights of all Northwest Flight Attendants.  Any merger plans that are announced will be reviewed with respect to our scope language and appropriate steps will be taken to enforce our Union contract.
We also are working hard to organize the Delta Flight Attendants so there won’t need to be another election for the combined group.  If Delta Flight Attendants come into a merger as part of AFA-CWA already, we eliminate the risk of losing our contract and our Union representation.  We have redoubled our efforts to mobilize Northwest Flight Attendants in support of organizing efforts at Delta as our best first line of defense.  We are focused on retaining our contract and our representation rights, and preparing for negotiations in a post-merger environment.

Question 7: No way do I want to lose our contract and our Union.  How can I help?

Answer: Get involved in your future!  Volunteer to spread the facts about Union membership to our peers at Delta and within the ranks at Northwest:  Contact your LEC officers today.  If we all volunteer to grow our Union by bringing AFA-CWA to Delta Flight Attendants, we will help protect our contract, maintain our Union representation, and increase our strength at the bargaining table during the airline industry’s profit surge in consolidation.
Question 8:  Why should I wear my Union pin?

Answer:  The AFA-CWA pin is the outward sign of support for our Union.  Now, more than ever, we need to show our unity - to management, to each other and to the Delta Flight Attendants.  Management monitors how many Flight Attendants are wearing a pin as a way to gauge how strongly we support the Union, whether in an organizing campaign or during ongoing negotiations.  Wearing the pin is the easiest way of showing that we are unified and working together to protect our contract and our representation rights.  If you don’t have a Union pin, contact a Local Executive Council officer (information available on the “Contact” page of our website, nwaafa.org.)
Question 9:  How can I stay informed about what’s happening in my Union?

Answer: With so much at stake, it more important than ever to stay informed and stay involved. There is a lot of misinformation circulating from management and others.  We will provide you the latest info and accurate facts as the process unfolds.  Visit your Local and Master Executive Council websites, read what’s posted on Union bulletin boards throughout the system, sign up for Union email (link here).  And become active!  Ask questions, get answers, and share your knowledge with other Flight Attendants.  It is our Union, it is our future, it is our shared responsibility to protect it.

Posted by NWA Webmaster on 02/18 at 07:35 PM