District lodge 141 news

District Lodge 141 Update: It's Started

April 3, 2011—This has been a very active week for District 141 and the IAM. Issues involving our ongoing securing of work, representation decisions by the National Mediation Board, and policy changes both within United Airlines and the Congress of the United States that affect our members were part of the week. Single Carrier Update, Flight Attendants: The National Mediation Board has determined that United and Continental are now a single transportation system for purposes of representation for flight attendants. What this means is that the NMB has investigated the single carrier status request, made by the AFA on January 18, 2011, and decided that the two carriers are combined enough in their management and plans to integrate the two operations that the NMB agrees there should be an election to determine which union represents the total population of Flight Attendants.Continued...

IAM LEGISLATIVE NEWS

Despite Obama veto threat, House passes FAA bill with union rules intact

April 1, 2011 – The Republican-led House on Friday passed a $59 billion funding bill for the Federal Aviation Administration with labor provisions that have drawn a veto threat from President Obama.

The House defeated an amendment to remove the controversial provision affecting union elections in a 206-220 vote. The overall measure was approved 223-196.

The fight over the rules for union elections overwhelmed debate on the underlying bill, which would fund the FAA for the next four years after 17 short-term extensions.

At issue are rules adopted last year by the National Mediation Board that make it easier for workers to unionize.

Under the NMB's rules, only votes in favor of or against forming a union count in an election. Before the NMB's action, employees who did not vote in a union election were counted as votes against forming a union. That created a much bigger hurdle for a union to organize.

The House language in the FAA bill would undo those rules.

The White House on Wednesday warned that President Obama would veto the FAA bill if it included the union provision. It is also unclear whether the House bill could move through the Senate with that language, given Democratic control of the upper chamber. Continued...

IAMAW LEGISLATIVE NEWS

Obama signs temporary FAA bill

April 3, 2011 – President Obama on Thursday signed a bill that funds the Federal Aviation Administration re-authorization bill through May, as Congress began debating a longer-term measure that contains controversial amendments.

The White House said without additional comment that Obama signed H.R. 1079, dubbed the “Airport and Airway Extension Act of 2011," which was approved by Congress earlier this week. It continues FAA funding at current levels for 60 days, with an expiration date of May 31. Continued...

AirTran Employees Choose ‘Union’

March 28, 2011 — The International Association of Machinists and Aerospace Workers (IAM) today announced AirTran Airline’s 2,900 Fleet and Passenger Service/Reservation employees have voted to join the Machinists Union.

“Whatever the outcome of AirTran’s proposed merger with Southwest, AirTran employees understand the need for professional representation during this critical time,” said IAM General Vice President Robert Roach, Jr. “This was a grass roots campaign, and I commend our organizing committee and AirTran employees for taking this positive step toward a better, more secure future.”

The National Mediation Board conducted the Internet and telephone vote from February 28-March 28, 2011. A majority of participating employees voted in favor of the Machinists Union. 

“We are proud of our new AirTran members for making the decision to be participants in shaping their future,” said IAM District 141 President Rich Delaney. “As airlines consolidate, merge and partner with each other to protect themselves, the employees of AirTran realize that joining together is the best protection they have.”

The IAM represents Passenger Service/Reservation employees at AirTran’s proposed merger partner, Southwest Airlines. IAM members at Southwest earn $8.56 an hour more per hour than Air Tran Passenger Service Agents, and $9.66 an hour more than Air Tran Reservation Agents.

IAMAW NEWS

U.S. Bureau of Labor Statistics Data Confirms Union Advantages

February 12, 2011 – The Bureau of Labor Statistics announced that the number of wage and salary workers belonging to unions declined in 2010 by 612,000 to 14.7 million. The rate was 11.9 percent, down from 12.3 percent in 2009.

The data also shows the median usual weekly earnings of full-time wage and salary union members was $917 per week, compared to $717 for non-union workers. For Latinos, the wage disparity is even greater with union members earning an average of $771 compared to $512 for non-union Latino workers, a difference of 33.6 percent.

“When coupled with existing data showing that union members have access to better health care, retirement and leave benefits,” said Department of Labor Secretary Hilda Solis, “today’s numbers make it clear that union jobs are not only good jobs, they are central to restoring our middle class.

“As workers across the country continue to face lower wages and difficulty finding work due to the recent recession, these numbers demonstrate the pressing need to provide workers with a voice in the workplace and protect their right to organize and bargain collectively.” Click HERE for a look at the complete report.

IAM4Delta NEWS

IAM Files Interference Charges in Delta Fleet, Passenger Service, And Stock & Stores Elections

The International Association of Machinists and Aerospace Workers (IAM) has filed the formal charge of election interference with the National Mediation Board (NMB) against Delta Air Lines in the representation elections for 19,700 Delta Fleet, Passenger Service, And Stock & Stores Workers. Read the charges and responses below:

• IAM Delta Fleet Service Interference Charges
• Delta's Fleet Service Response


• IAM Delta Passenger Service Interference Charges
• Delta's Passenger Service Response


• IAM Delta Stock & Stores Interference Charges

IAM4Delta NEWS

Delta Air Lines Status Report: "The IAM has not stopped fighting on Behalf of our former members"

December 24, 2010 — While the IAM's certification to represent pre-merger Northwest Ramp, Passenger Service and Stores employees ended following the results of the initial representation elections at Delta Air Lines, the IAM has not stopped fighting on behalf of our former members. As the National Mediation Board (NMB) investigates Delta's widespread illegal interference that prevented employees from voting in fair elections, the Machinists Union continues to protect the interests of pre-merger NWA employees.

LUMP SUM PAYMENT
The IAM has successfully convinced Delta that it is required to comply with Exhibit J of the Equipment Service Employee and Stores Clerk (ESSC) contract (the Black Book) while the IAM's charges are investigated. The Machinists Union negotiated Exhibit J to require Northwest Airlines to pay its IAM-represented Ramp and Stores employees a $13 million payment on December 31, 2010 in exchange for the sacrifices they made during Northwest's bankruptcy.

Delta Air Lines will make that payment on December 30, 2010, which is the last payroll prior to the agreed upon date of December 31, 2010. Only pre-merger Northwest employees who were covered by the Northwest Black Book are eligible to receive this payment. The Union negotiated these benefits and fought to make sure you receive them. This is a prime example of the benefits of belonging to the Union.

Although Delta has determined the method of distribution without consulting with the IAM, the Machinists Union will not take any action that would slow the distribution of the $13 million to eligible employees.

PENSIONS
Delta Air Lines informed the IAM National Pension Plan (NPP) that it would no longer fund the negotiated pension plan for pre-merger Northwest IAM members.  The IAM fought for its members and after much correspondence between the IAM, the IAM National Pension Plan and Delta Air Lines, Delta agreed to continue funding our former members' pensions pending the outcome of the NMB's investigation and possible re-run elections. Another benefit that proves it pays to be in the Union.

If the final result of the NMB's investigation or any re-run elections fails to re-instate the IAM as the collective bargaining representative for a particular classification, Delta's payments into the NPP will end for employees in that classification – also ending the accrual of future pension benefits for those employees.

GREIVANCES
The IAM has proposed to Delta that we jointly address grievances that were pending prior to the elections and that they be handled with the NMB Grievance Mediation Services. We also proposed to arbitrate outstanding discharge cases. Delta has not provided a response as of this date.

The IAM will keep you updated of any additional progress we make in dealing with Delta Air Lines.

We got the ESSC employees their 13 million dollars, we are protecting your pensions, we are pursuing your pending grievances.  If there is a re-run election and the employees do not vote to keep the Union, we will no longer be able to fight to get you these kinds of benefits. Remember, it pays to be in the Union. Printable Version

District lodge 141 news

District 141 launches website dedicated to United/Continental merger information.

December 24, 2010 — The IAM is the only union at the "new" United with potential to exceed 55,000 Members at one airline. Strength in numbers is reinforced by almost every living creature on this planet. Animals know enough to stick together to survive indidually. Fish swim in schools. Wolves travel in packs. Birds fly in flocks. Business executives herd together at country clubs, but that's another story. It doesn't matter whether animals are tough or frail. It doesn't matter if they live in the ocean or soar over mountain tops. Animals consistently work together so they can live better and longer lives. Humans sometimes take longer to catch on. IAM philosophy and goals are simple: You can never change by fighting the existing reality. Instead, you build a new model that makes the old one obsolete. Humans, let's go.

How to win IAM Representation

When airline or railroad employees want to win union representation, they must follow the rules specified in the Railway Labor Act (RLA). Congress passed the RLA in 1926 and extended its jurisdiction to airlines in 1934. It was the first federal law to recognize that employees have a right to join the union of their choice.

Authorization Cards - the first step.

The Railway Labor Act designates the National Mediation Board (NMB) to set the rules and administer the process for employees to choose union representation. Employees must first circulate authorization cards (A-cards) and return the signed and dated cards to the union. A-cards are good for one year from the date of signing. The cards or their signers are not disclosed to the company at any time.

Employees must gather sufficient cards from their classification (system-wide) before the union can use them to petition the NMB. When the union submits the cards, the NMB checks them by validating the signatures, dates, and status of the employees.

When employees collect enough cards for the union to petition the NMB, three things can happen:

1. The company can voluntarily recognize the union.
2. The union can submit the cards to a neutral party for a "card check." If the neutral party finds that there are valid cards from more than 50% of the employees, the company can agree to have the NMB certify the union as the bargaining agent, foregoing an election.
3. If the company refuses voluntary recognition, the union can request an election by submitting valid cards to the NMB from a minimum of 35% of the employee group.
   

The Election

If the NMB determines that the union submitted enough valid cards and an election is necessary, they will schedule one. Only employees who were part of the craft or class at the time the union submitted the cards to the NMB are eligible to vote. The representation election process normally takes less than 90 days, concluding with a telephone or Internet election. All correspondance are secret and handled only by the NMB and the US Postal Service.

After the close of the election period, the NMB tallies the votes. If a majority (50% + 1) of the eligible voters cast votes, the Board certifies the union receiving the majority of votes as the bargaining agent for the entire employee group.

Frequently Asked Questions

Protection From Employer Action

Under Section 8 of the National Labor Relations Act, your employer cannot legally punish or discriminate against any worker because of union activity.For example, your employer cannot legally do any the following:

• Threaten to or actually fire, lay off, discipline, harass, transfer, or reassign
  employees because they support the union.
• Favor employees who don't support the union over those who do in
  promotions, job assignments, wages, hours, enforcement of rules, or any other working condition.
• Shut down the work site or take away any benefits or privileges employees
  already enjoy in order to discourage union activity.
• Promise employees a pay increase, promotion, benefit, or special favor if they oppose the union.

Enforcing Your Rights

Some employers try to prevent the workers from joining a union. The best way to encourage your employers to recognize your union and negotiate a fair contract is to build a strong organization where you work. If your employer violates the law, the union can help you file "unfair labor practice" charges with the proper government agency.

The Labor Board has the power to order an employer to stop interfering with employee rights, to provide back pay, and to reverse any action taken against workers for union activity.
You can help protect your legal rights by:

• Keeping written notes of any incidents in which company officials or supervisors threaten, harass, or punish workers because of union activity.
• Immediately report any such incidents to your organizing committee and the union staff. Your notes don't have to be worded a certain way, but you should include what was said or done, who was involved, where and when it happened, and the names of any witnesses.

"Good Faith" Bargaining

After your union election victory is officially certified by the National Labor Relations Board, your employer is legally required to negotiate in "good faith" with the union on a written contract covering wages, hours, and other working conditions.Examples of Employer Violations:
Section 8 of the National Labor Relations Act codifies your rights. Managers, supervisors and foremen are all considered employer representatives and are obligated to obey the law. Be forewarned, employer representatives will probably try to "rev up the rumor mill" rather than make incriminating statements directly to employees. If any employer representative does any of the following, it is a violation of law and you should get in touch with an IAM representative as soon as possible.

• It is illegal for your employer to: Attend IAM meetings.
• It is illegal for your employer to: Park across the street from the meeting place to see which employees enter the meeting, or engage in any undercover activity which would indicate that the employees are being kept under surveillance to determine who is and who is not participating in the IAM program.
• It is illegal for your employer to: Tell employees that the employer will fire or punish them if they engage in IAM activity.
• It is illegal for your employer to: Lay-off or discharge any employee for IAM activity.
• It is illegal for your employer to: Grant employees wage increases or special concessions in order to persuade employees against being represented by the IAM.
• It is illegal for your employer to: Bar employees from soliciting for the IAM (asking for support and/or membership) during non-working hours.
• It is illegal for your employer to: Ask employees what they think about the IAM or an IAM representative.
• It is illegal for your employer to: Ask employees how they intend to vote.
• It is illegal for your employer to: Threaten employees with economic reprisal for participating in IAM activities. For example, threaten to move the facility or close the business, curtail operations or reduce employee benefits.
• It is illegal for your employer to: Promise benefits to employees if they reject the IAM.
• It is illegal for your employer to: Give financial support or other assistance to a union or to employees, regardless of whether or not they are supporting or opposing the IAM.
• It is illegal for your employer to: Announce that the employer will not negotiate with the IAM.
  
• It is illegal for your employer to: Tell employees that they will be fired or punished if they engage in union activities.
  
• It is illegal for your employer to: Ask employees whether they belong to the IAM or have signed an IAM Petition.
  
• It is illegal for your employer to: Ask an employee, during the interview when they are being hired, about their affiliation with the IAM.
  
• It is illegal for your employer to: Make anti-union statements or actions that might show preference for a non-union person.
  
• It is illegal for your employer to: Make distinctions between union and non-union employees when assigning overtime or desirable work.
  
• It is illegal for your employer to: Transfer employees based on their IAM affiliation or activity.
  
• It is illegal for your employer to: Purposely team up non-union employees and keep them apart from those the employer may think support the IAM.
  
• It is illegal for your employer to: Select employees for lay off to discourage support for the IAM.
  
• It is illegal for your employer to: Discriminate against IAM supporters when disciplining employees.
  
• It is illegal for your employer to: Use work assignments to discriminate against IAM supporters.
  
• It is illegal for your employer to: Discipline IAM supporters for a particular action and permit non-union employees to go unpunished for the same action.
  
• It is illegal for your employer to: Deviate from policy to get rid of an IAM supporter or member.
  
• It is illegal for your employer to: Take actions that adversely affect an employee's job or any pay rate because of IAM activity.
  
• It is illegal for your employer to: Engage in arguments to provoke a physical confrontation with an employee about the union.
  
• It is illegal for your employer to: Threaten an IAM member or supporter through a third party.
  
• It is illegal for your employer to: Threaten the employees or coerce them in an attempt to influence their vote.
  
• It is illegal for your employer to: Promise employees a reward or a future benefit if they vote "No."
  
• It is illegal for your employer to: Tell employees overtime work (and premium pay) will be discontinued if they choose to be represented by the IAM.
  
• It is illegal for your employer to: Say unionization will cause employees to be laid off or fired.
  
• It is illegal for your employer to: Say that unionization will take away vacations, bonuses, pensions, insurance, profit sharing, or any other benefits and privileges presently enjoyed. (This is the "start from zero" threat.)
  
• It is illegal for your employer to: Start a petition or circular against the IAM or take part in its circulation if started by employees.
  
• It is illegal for your employer to: Urge employees to try to induce others to oppose the IAM.
  
• It is illegal for your employer to: Visit the home of employees to urge them to reject the IAM.
  
• It is illegal for your employer to: Make campaign speeches to assembled groups of employees on company time within the 24-hour period before the secret ballot election.

Know Your Rights

Your right to form a union, to organize your workplace, is protected by Federal Law

The Railway Labor Act is the law governing labor relations in the airline and railroad industries. Under the law, employees have the right to determine who their representative will be, without influence, interference or coercion from their carrier, its officers or agents.

Rule § 1205.2 The Employees' Bill of Rights, of the National Mediation Board provides as follows:

The provisions of the third, fourth, and fifth paragraphs of section 2 are by law made a part of the contract of employment between the carrier and each employee and shall be binding upon the parties regardless of any other express or implied agreements between them. Under these provisions the employees are guaranteed the right to organize without interference of management, the right to determine who shall represent them, and the right to bargain collectively through such representatives. This section makes it unlawful for any carrier to require any person seeking employment to sign any contract promising to join or not to join a labor organization. Violation of the foregoing provisions is a misdemeanor under the law and subjects the offender to punishment. What the National Labor Relations Act Says: Section 7: "Employees shall have the right to self-organization, to form, join, or assist labor organizations to bargain collectively through representation of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining . . ." Section 8 (a): "It shall be an unfair labor practice for an employer. . . to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7 . . ." Examples of Your Rights Under the Law.

The law protects and guarantees your rights to do any of the following without fear of reprisal from the employer:

• IT'S YOUR RIGHT to form a union and bargain for increased wages, improved benefits, better working conditions, security and protection.
• IT'S YOUR RIGHT to serve on the IAM Organizing Team.
• IT'S YOUR RIGHT to ask your coworkers to assist or serve on the IAM Organizing Team.
• IT'S YOUR RIGHT to attend and take part in IAM meetings.
• IT'S YOUR RIGHT to invite your coworkers to attend and take part in IAM meetings.
• IT'S YOUR RIGHT to distribute IAM material on the employer's property during non-working time.
• IT'S YOUR RIGHT to ask your coworkers to distribute IAM material on employer's property during non-work time and in non-work areas.
• IT'S YOUR RIGHT to distribute IAM material away from the employer's property.
• IT'S YOUR RIGHT to join the IAM.
• IT'S YOUR RIGHT to invite your coworkers to join the IAM on the employer's property during non-work times and in non-work areas.
• IT'S YOUR RIGHT to wear IAM buttons, T-shirts, caps and jackets on the employer's property during working and non-working time. (Provided such items or objects do not create a safety hazard.)
• IT'S YOUR RIGHT to ask your coworkers to wear IAM materials.
• IT'S YOUR RIGHT to phone your coworkers to discuss and encourage support for the IAM.
• IT'S YOUR RIGHT to visit the homes of your coworkers to discuss and encourage support for the IAM.
• IT'S YOUR RIGHT to meet and discuss the IAM with your coworkers on the employer's property during non-work time and in non-work areas. (Provided the meeting does not create a disturbance in the plant.)
• IT'S YOUR RIGHT to VOTE YES for the IAM during the secret ballot election conducted by the Federal Government.
• IT'S YOUR RIGHT to accept wage increases and other improved benefits and still VOTE YES for the IAM during the secret ballot elections conducted by the Federal Government.
• IT'S YOUR RIGHT to write, sign and distribute letters, flyers or petitions supporting the IAM.
• IT'S YOUR RIGHT to ask questions and take notes during captive audience meetings conducted by the employer.
• IT'S YOUR RIGHT to make supportive statements for the IAM during captive audience meetings conducted by the company.

The situations listed above are only examples. You have many more ways to assert your rights at work. If you have any questions, please contact an IAM representative who will provide specific advice regarding your activities.

IMPORTANT!
If your employer prohibits you or your coworkers from exercising your rights, it may constitute an Unfair Labor Practice. If this should happen, be sure to write down the basic facts (who, what, where, when and witnesses) and discuss the incident with your IAM representative as soon as possible.These guidelines are intended to assist you in understanding your rights, and to ensure that you stay within the legal bounds for such protected activity.

While at work you can discuss the union just the same as you can talk about family, the weather, the latest sports scores or industry news. Like any other conversation, it should not interfere with work duties.

Organizing activity, like soliciting your co-workers to sign an IAM representation card, must be limited to non-work times and in non-work areas. In other words, before and after work, crew lounges, break rooms, and other non-work areas at the airport are okay for such activity, unless the company has specific, non-discriminatory rules in place that prohibit such activity. Any other location away from work is fine.

Supervisors must not intimidate, coerce or interfere with you in any way for conducting such organizing activity. If this happens to you please report it to an IAM representative. Do not be confrontational or insubordinate. If you are given a direct order by a supervisor or company representative to cease certain union organizing activity, comply with that order and inform the IAM immediately.

It is illegal for the company to favor one union over another, or for one union to be given greater access or fewer restrictions for organizing activity. Again, report any such favoritism to an IAM representative.

While you are engaged in organizing activity never interfere with another employee in the performance of her or his work duties or cause a disruption in the work place. If someone does not want to talk about the union simply end the conversation politely and walk away.