March 12, 2010The middle ground

Have you noticed lately that Delta’s corporate thinking seems to be that you’re either pro-Delta and everything it stands for – or you’re anti-Delta and against the very fabric of its culture and ideals?

There appears to be no room for disagreement, no room for questioning, and no vehicle to express ideas to the contrary. Corporate management seems to view their world in absolutes without any middle ground: You’re either for Delta and against the union – or for the union and against Delta.That thinking is inherently flawed. There can be a world where the company and the union co-exist to create a vitality and synergy for the betterment of all.

In extremely difficult economic times, union memberships have made extremely difficult economic sacrifices to keep the company financially solvent. Unions have also helped companies become even more profitable in good economic times with consistent work rules and the streamlining of processes and cost-cutting measures without sacrificing jobs or benefits while achieving those goals. Unions have helped employees with improved safety and training as well as improved wages, benefits, pensions, and working
conditions.

This benefits the family as well as the community. The customer and the company benefit from a work force that is well paid, well trained, and well equipped. A harmonious work environment produces stability in the work place. It generates customer satisfaction and profits.

You are not being disloyal to Delta by voting for union representation. Envision the day where you have the best of both worlds.

Sign, date, and send in your authorization card today requesting the National Mediation Board to hold an election.

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February 26, 2010Voting rules, interference stymie Delta workers

Despite a high number of votes for the IAM, the election for 91 flight simulator technicians at the recently merged Delta Air Lines and Northwest Airlines was declared invalid by the NMB when fewer than 50 percent plus one of eligible employees participated in the Internet and telephone voting. The Machinists Union received 40 of the 43 valid votes cast.

Delta Air Lines interfered in the election process in violation of the Railway Labor Act and IAM attorneys are reviewing what steps to take next. This matter is not closed.

Unlike traditional political elections in the U.S., as well as representation elections for workers covered by the National Labor Relations Act, a simple majority of votes cast is not sufficient to prevail in elections for the nation's air and rail employees.

In addition to a 50 percent plus one participation requirement, the current NMB rules count all un-cast ballots as votes against union representation.

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February 24, 2010IAM signs historic agreement with Japanese Aviation Federation

"With the potential of a merger between United and Continental, Delta's attempt to consolidate in Asia and the impact foreign carrier alliances have on domestic airlines, the IAM-KOHKUREN alliance provides the unprecedented opportunity to jointly protect wages and benefits of our combined membership," said International President Tom Buffenbarger.

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February 15, 2010Notification of February dues processing error

District 143 would like to update the membership on Delta Air Lines' recent processing
error with regard to the monthly dues deductions. As many of you may already be
aware, on Friday, February 12, 2010, we were made aware by the membership that not
everyone had their monthly dues deducted from their paychecks.

Once notified, District 143 Secretary-Treasurer Steve Dunn contacted representatives from
pre-merger Northwest Airlines as well as Delta Air Lines to inquire as to what had happened. Unlike former Northwest Airlines, Delta Air Lines outsources their payroll department; and apparently "IAM union dues were not deducted from the 2/12/2010 paycheck for some IAM employees due to a processing error," according to the vendor.
District 143 has been advised the missing deductions will be taken on the second check
(2/26/2010) for approximately 3,417 employees. Delta is communicating this to each of
the employees impacted and has been working closely with the IAM to properly resolve
this issue.

Again, if you were an individual who was impacted by Delta's processing error by not
having your monthly union dues deducted on your 2/12/2010 payroll check, please be
advised that your dues will be deducted on your 2/26/2010 payroll check.

While District 143 could not forsee this issue, we appreciate the numerous calls and
emails that we received by the membership alerting us to this error. We hope that this
process is corrected so that this does not happen again in the future.

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February 5, 2010COMMITMENT OR CONTRACT

District 143 has been made aware that Delta Air Lines CEO Richard Anderson has committed to "pay raises" for U.S.-based frontline, non-contract employees effective October 1, 2010. Everyone should question—why not now?

First of all, they are not "pay raises"; more likely they are giving back a fraction of what they have taken from their employees years ago. Secondly, it is very ironic that Mr. Anderson waited to make this announcement as soon as the first IAM representation election (Simulator Technicians) begins with the mere hope of influencing pre-merger Delta and pre-merger Northwest voters throughout their election.

You see, this is nothing new for Delta Air Lines employees. During a previous organizing drive in 1999, Delta Air Lines made similar commitments to their "non-contract" employees a few weeks prior to a representation filing, all in the hope that they could stave off a union representation drive—and it worked for Delta management. But a few years later, Delta Air Lines arbitrarily took whatever they wanted from them—without any say
from their employees because they did not have a union to negotiate for them.

Furthermore, in their effort to divide and conquer, Delta Air Lines feels compelled to refuse pre-merger Northwest employees the same increases. They would like you to believe that because of our collective bargaining agreements they cannot give you an increase. This is simply not true. Both District 143 in the past and the Grand Lodge recently have sent letters to Mr. Anderson reminding him that there is NOTHING in our agreements that would prohibit him from providing increases to ALL Delta Air Lines employees—contract and noncontract.

If Mr. Anderson were truly "committed" to pay increases for Delta employees, then I say—give it to them now; why wait until October? I can assure you, however, Delta Air Lines is not looking to be "industry standard," and we should not settle for anything other than "industry leading." After all, we are now the largest airline in the world!
Remember, there is a big difference between the word "commitment" versus "contract."

Sincerely and in solidarity,

Stephen M. Gordon

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February 5, 2010GVP Robert Roach Jr. sends letter to Richard Anderson on Delta union employee raises

OFFICE OF THE GENERAL VICE PRESIDENT

Yesterday, February 4, 2010 you issued a letter stating that the October 2010 pay raises would only be provided to non-contract employees. One reason you gave for not providing it to contract employees was that you contend you "have continued to honor the packages of pay, benefits and work rules provided for in the contracts still in place in workgroups where representation has not yet been resolved." Yet, the lAM has already advised you that there are no restrictions in the IAM-NWA collective bargaining agreements preventing raises above the minimum amounts listed in the contracts. Indeed, in 1999 when you were CEO of Northwest Airlines, you had no problem raising the wages of lAM-represented Mechanic and Related employees in the middle of a representation dispute. Therefore, you are certainly aware that you can apply these raises to contract employees as well.

To be clear, in the event that there is any lingering misunderstanding, the lAM's consistent position· is that thereJs nothing in our collective bargaining agreements that prohibits management from raising our members' salaries above the minimum rates set forth in those contracts.

If you are serious about bringing standards up for all your employees, these raises should apply to all employees - contract and non-contract alike, notwithstanding your gamesmanship of announcing these increases, which do not take effect until eight months from now, on the first full day of representation voting for Simulator Technicians.

Sincerely,

Robert Roach, Jr.
General Vice President

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January 28, 2010Latest Union "Yes" Delta Worker publication

122 years of justice on the job and service to the community.

 

 

 

 

 

 

 

January 22, 2010The reality of IAM dues

This bulletin is to address some questions raised by pre-merger Delta employees regarding IAM union dues.

Dues rates vary from one IAM local lodge to the next based upon the will of the membership at any particular local. The IAM is an extremely democratic organization. On January 1, 2010, IAM dues were adjusted based on the formula approved by delegates to the IAM's 2008 Grand Lodge Convention and provisions contained within District and Local Lodge Bylaws.

What do union dues pay for? A few examples are a guaranteed pension that requires no employee contributions and has no Social Security offsets; long-term disability benefits; an 8-hour work day, as opposed to an 8.5 hour day; lower medical premiums with greater benefits; and two (2) more weeks of vacation. IAM dues are spent for the benefit of IAM members The benefits of a union contract far outweigh the cost of union dues. To prove this to Delta workers, IAM International President Tom Buffenbarger has waived all union initiation fees for newly-organized Delta employees. Additionally, no pre-merger Delta employee will be asked to pay one cent of monthly union dues until the IAM negotiates a new agreement with Delta Air Lines and employees have ratified their first collective bargaining agreement.

Until there is a contract that pre-merger Delta employees help negotiate and ratify, they will
have no IAM dues. If employees do not believe the negotiated contract is better than what they have today and reject the agreement, negotiations will resume and Delta employees will still not be required to pay dues until they approve and are protected by an IAM contract. Questions about union dues are natural, even after becoming a union member. I encourage any pre-merger Delta or Northwest employee to contact an IAM representative to learn the facts about union dues from the only organization that has the truthful answers -- the union itself.

Stephen Gordon
President and Directing General Chair

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January 5, 2010FAA certification has no bearing on IAM contracts

Many of our members continue to inform District 143 of some of the ridiculous rumors that Delta Air Lines management continues to state regarding what will happen to us once Delta Air Lines receives their Single Operating Certificate (SOC). Management's rhetoric is nothing more than a played-out anti-union strategy because even they know nothing changes with our collective bargaining agreements. Simply put, IAM members have labor contracts with Northwest Airlines, and Delta Air Lines assumed the responsibility for the contracts negotiated by Northwest Airlines when it made that airline a subsidiary.

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January 4, 20102010 Long Term Disability insurance certificate- "Your Benefit Plan"

YOUR HARTFORD LONG-TERM DISABILITY PLAN

January 4, 2010Machinists voter fairness campaign concludes

The Machinists Union today presented the National Mediation Board (NMB) an additional 12,000 signed post cards expressing support for their proposed rule change to make air and rail union elections more democratic. Today is the end of the NMB's public comment period.

"When the NMB solicited public comments on their proposed rule change, the Machinists union asked our members to get involved," said General Vice President Robert Roach, Jr. "To no one's surprise, the response was overwhelming."

In total, IAM members and supporters generated more than 23,000 postcards, letters and emails urging the NMB to adopt its proposal to allow air and rail union representation elections to be determined by a majority of participating voters. Currently, anyone eligible to vote in an election who does not vote, for whatever reason, is considered to have voted against union representation.

The Machinists Union today also submitted to the NMB its formal comments on the proposal.

"The proposed change will allow the Board to best perform its administrative duties to investigate representation disputes," stated the IAM in its submission. "It will mean that the Board no longer presumes that all those who do not vote, do not want representation. Instead, the Board will determine the true intent of each voter, whether the intent is to vote for the union, against the union or to abstain. The Board will level the playing field so that all employees will have equal footing to declare whether or not they want representation. The proposed change brings the NMB's voting process squarely in line with American ideals of democracy."

The NMB will now consider all comments and issue a final decision in the next few months.

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December 13, 2009Richard Anderson goes to “Rick’s Place”
Courtesy William Wilder, Baptiste & Wilder, P.C.

Railway Labor Act Blog

The executives at Delta Airlines in Atlanta are becoming positively unglued.  For months, Richard Anderson and other execs have complained that the Association of Flight Attendants and International Association of Machinists weren’t agreeing to conduct a union election by the National Mediation Board among the combined Delta/Northwest flight attendants and ground employees. In the Fall, both the AFA and IAM filed with the NMB to have an election conducted among the combined employees (for flight attendant and ground service employees, respectively.)

Then, the National Mediation Board announced a proposed rule to change its ballot procedures to use the same simple majority of voters standard used in all other elections in our country.  The current NMB rule requires a union to get a majority of all potential voters (as opposed to those actually voting), and has the effect of requiring a union to get a “super-majority” of votes.  The proposed rule is subject to a 60-day comment period with a potential adoption early next year.

Anticipating the NMB proposed rule change, both AFA and IAM withdrew their applications for elections so that they could potentially occur under a more favorable ballot rule.  That withdrawal is permissible under the NMB procedures.  No special permission was required from the NMB for the unions to withdraw the requests.

Then Delta’s execs lost it.

CEO Richard Anderson attacked the Mediation Board directly because it wasn’t jumping quickly enough to do the company’s bidding in holding an election among Delta employees.

Then, after AFA and IAM withdrew their applications for election as allowed under Board procedures, Delta Labor Relations V-P Mike Campbell lost his composure and attacked the IAM:

“The IAM’s action is repugnant, and is nothing more than the continuation of a pattern of stalling resolution of union representation among our work groups. The IAM communicated to Delta employees in early August that it could file for elections for the remaining 20,000 employees ‘within weeks.’ Now, months later, and on the one-year anniversary of our merger, the IAM instead withdraws its application claiming that we are not a single carrier.”

“Repugnant”?  Get a grip.

This is from the same airline (and Labor V-P) who earlier this year defied decades of NMB precedent and tried to manipulate a filing by ALPA (the union of its pilots) to railroad its mechanics, flight attendants and ground employees (not represented by ALPA) out of their right to select a union.  Delta asked the NMB to call elections in those other employee groups even though no union had filed for election and Delta is not permitted under the law to request one.

Delta complaining about manipulation of election procedures reminds one of that shopworn movie line from Casablanca where Claude Rains says he’s “shocked, shocked” that gambling is going on in Rick’s place.

The AFA and IAM used the rules permitted by the NMB to withdraw their applications for election among Delta employees in the hopes of getting a more favorable election rule.  Nothing untoward or unusual about that.  They didn’t require any special permission from the NMB.

Delta on the other hand wanted the Board in January 2009 (which at that time had a Republican majority) to ignore its rules (and the law) and order elections for employee groups who hadn’t asked for them.

“Repugnant”, indeed.

December 10, 2009NMB hears compelling comments on proposed voting rule

Marianne Bickler, a former Delta flight attendant supervisor, provided compelling testimony of how she was trained to intimidate flight attendants in a previous union organizing drive. "We were given anti-union fliers to ensure they were stocked and present in the lounges. We collected any union information in the lounge area and threw it away. We conducted intimidating one-on-one meetings behind closed doors with flight attendants to tell them not to join the union. We stood near AFA activists when they were speaking to other flight attendants to intimidate them. Delta kept as many flight attendants as they could on the seniority list to manipulate the current voting system. In simple terms: the more flight attendants on the list, the greater amount of no votes. After all, under the current rules everyone begins as a no vote."

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December 8, 2009NMB rule change has broad congressional support

The National Mediation Board's (NMB) proposed change to its current election process is gaining wide bi-partisan support in Congress. On December 7, 2009 James Oberstar (D-MN) Chairman of the House Committee on Transportation and Infrastructure and George Miller (D-CA) Chairman of the House Committee on Education and Labor led 178 Democratic members of the House of Representatives in sending the NMB a letter in support of the agency's proposed rule change that would end its practice of counting eligible voters who do not cast a ballot as voting against unionization.

"We believe such an election system is inappropriate for any industry," wrote the House Democrats. "The process is all the more flawed in a setting where voter rolls include significant numbers of furloughed employees who are not in regular communication with other voters." Their complete letter with all signatories is available here.

Thirteen House Republicans sent the NMB their own letter of support, stating "We believe the Board is granted broad discretion in setting its election policies and procedures as reinforced by the Supreme Court, and is free to amend its Representation Manual as it has done throughout its history. We believe it is a fundamental matter of fairness for workers governed by the Railway Labor Act to have the same opportunity to determine the question of representation through the same democratic method practiced in other industries and throughout our society." The House Republican's December 1, 2009 letter is available here.

Dozens of United States Senators also agree with the Machinists Union that now is the time to ensure workers have a fair chance to express their true feelings in union representation elections. Senators Tom Harkin (D-IA), Chairman of the Senate Health, Education, Labor and Pensions Committee, Daniel Inouye (D-HI), Chairman of the Appropriations Committee and John Rockefeller (D-WY), Chairman of the Commerce Committee and 36 other Senators on December 7, 2009 sent a letter to the NMB in support of their proposed change.

"Requiring affirmative votes of an absolute majority of eligible employees in order to recognize a union treats rail and aviation workers differently than employees covered by the National Labor Relations Act and U.S. citizens voting for government officials," wrote the Senators. "We strongly believe that the same democratic process that governs other elections - requiring a simple majority of those who cast a ballot - should be extended to workers covered by the Railway Labor Act... Aviation and rail workers should not be subject to a different and more onerous process when deciding whether to choose union representation. We strongly encourage the NMB to use its broad discretion in setting its election policies to amend its election procedures to allow a majority of those voting to choose union representation." The Senate letter is available here.

Individuals can add their names to the growing list of people who support the rule change through the IAM website at www.goiam.org/nmb.

December 7, 200939 U.S. Senators send letter to NMB in support of the proposed change in union representation elections

Dear Chairman Dougherty and Members Hoglander and Puchala:

We write in support of the National Mediation Board's (NMB) proposed change to allow for a majority of voting employees to organize under the Railway Labor Act if they so choose.

As you know, current election procedures require a majority of all eligible workers to cast a vote for a union in order for those wanting a union to prevail. All workers who do not vote are counted as "no" votes for the union.

Requiring affirmative votes of an absolute majority of eligible employees in order to recognize a union treats rail and aviation workers differently than employees covered by the National Labor Relations Act and U.S. citizens voting for government officials. We strongly believe that the same democratic process that governs other elections - requiring a simple majority of those who cast a ballot - should be extended to workers covered by the Railway Labor Act.

Employees must have a choice to vote for union representation, against union representation, or not to vote at all. There are often reasons for an individual not to vote - they may simply forget, do not have a tradition of voting, or may be unable to vote. A decision to abstain in an election National Mediation Board Letter is simply not the same as a "no" vote and should not be treated as voting against union representation.

Further, by counting non-participating employees as "no" votes, the Board has created an
incentive to suppress voter participation as employers may seek to influence the election by encouraging workers not to vote. The NMB should be encouraging employee participation in representational elections, not hindering involvement.

We do not believe the Railway Labor Act, which was designed to protect the rights of workers to organize and bargain collectively, requires the NMB to conduct elections in this manner. Further, we see no convincing policy reason to require an absolute majority of all eligible workers to cast a vote for a representational election.

Aviation and rail workers should not be subject to a different and more onerous process when deciding whether to choose union representation. We strongly encourage the NMB to use its broad discretion in setting its election policies to amend its election procedures to allow a majority ofthose voting to choose union representation.The change will allow for a majority of voting employees to organize under the Railway Labor Act.

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December 7, 2009Machinists support NMB voting rule change

International Association of Machinists and Aerospace Workers (IAM) General Vice President Robert Roach, Jr. testified today at the National Mediation Board’s (NMB) public hearing on the agency’s proposed change to rules governing union representation elections.

“Every employee should be allowed to choose for themselves whether to vote yes, no or to abstain in union elections,” said Roach. “The government should not employ a process that assigns a viewpoint to voters who do not cast a ballot.” The Machinist Union’s complete testimony is available at www.goiam.org/transportation.

Currently, the NMB considers eligible voters who do not participate in air and rail union representation elections, for whatever reason, to have voted against unionization. The proposed rule change would allow voters who actually cast a ballot to determine the outcome of the election, as is done in every other union representation and public election in the United States.

“The new rule will not suddenly give unions an edge in elections, as some claim,” said Roach. “It will only take the advantage away from the carriers who are opposed to air and rail voters’ rights for the same reason people were opposed to guaranteeing voting rights for women and African Americans – they are afraid to upset the status quo and lose the advantages they enjoy at the expense of others.”

Thousands of IAM members have already submitted comments to the NMB in favor of the rule change. The NMB is accepting comments until January 4, 2010. Individual comments can be submitted directly through the IAM website at www.goiam.org/nmb.

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GVP ROBERT ROACH TESTIMONY

November 18, 2009NMB rule change is historic opportunity for unions

With the looming prospect of additional consolidation in the airline industry, workers at United, Continental and all carriers need to understand how a rule change proposed by National Mediation Board (NMB) would dramatically increase their chances of retaining their contracts, retirement benefits and seniority rights.

The IAM is encouraging all members and family members to contact the NMB and support what could be the biggest and most positive change to U.S. labor law in decades.

Representation elections are most often the result of a successful organizing campaign at a non-union facility; however, they can also be required by the NMB following a merger of union-represented carriers to determine if the merged carrier will be union or non-union.

Under the proposed rule change, union representation elections will be determined in the same way that American voters choose their presidents, senators and state legislators - by a majority of voters who choose to cast ballots.

By contrast, current election rules count non-voters as “no” votes and dramatically increase the possibility of decertification, giving employers the opportunity to unilaterally dictate wages, benefits and working conditions in an “at will” environment.

Airline executives and their corporate allies are mounting an intense campaign against the rule change, which would close a loophole they hoped to use to de-unionize large portions of the highly unionized airline industry.

With progressive issues like health care, the Employee Free Choice Act and regulation of the financial industry mired in partisan wrangling, the NMB proposal to strengthen voting rights for transportation workers stands out as a golden opportunity to quickly achieve positive change for workers in an industry that desperately needs it.

To learn more about the proposed NMB Rule change click here.

IAM launches voter rights campaign for air & rail workers

The National Mediation Board (NMB) is proposing historic changes to the rules governing representation elections in the air and rail industries, and the NMB is inviting comments from the public. With the near-certain prospect of additional consolidation in the airline industry, workers at United, Continental and all carriers need to understand how a rule change proposed by NMB would dramatically increase their chances of retaining their contracts, retirement benefits and seniority rights.

The proposed rule change would grant air and rail employees the same voting rights enjoyed by workers in other industries and would end a discriminatory practice which treats non-voters as if they had voted "no".

The current rules also require an absolute majority of eligible voters in a bargaining unit to cast ballots in favor of representation before a union can be certified. If similar rules were applied to U.S. political elections, many states would have no elected representatives.

Elections in the United States are decided by a majority of voters who participate in an election. Nowhere but in the transportation industry do non-voters routinely determine the outcome of an election.

Airline executives and their corporate allies are already mounting an aggressive campaign against the rule change, which would close a loophole they have exploited to suppress union organizing drives.

All IAM members are strongly urged to submit comments supporting the voting rights of air and rail workers. Family and friends are also encouraged to submit comments - all members of the public are welcome to submit comments. Instructions on how to submit comments electronically, download a pre-written letter to sign and return, or how to submit your own personal comments are available a www.goiam.org/nmb. 

The deadline for submitting comments to the NMB on the proposed election rules is January 4, 2010. The time has come to provide full and fair voting rights for tens of thousands of air and rail employees who have been unfairly denied their full rights as citizens and workers. Please take the time to send a message to the NMB today.

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November 9, 2009What is Delta not telling you?

After the IAM withdrew its single carrier application covering Northwest and Delta Fleet Service employees, Delta called the IAM's withdrawal "repugnant" and "suspicious" given the NMB's recently announced proposal to change its voting rules. Here is what Delta is NOT telling you in Delta's own words to the NMB. Read and decide for yourself.

In the Company's October 5, 2009 filing with the NMB, Delta insisted that the IAM could not proceed with the Fleet Service craft or class without the Board also considering the representation consequences of the Clerical, Office and Passenger Service employees because at Northwest all three groups were lumped together in what was once known as a "1706" craft or class.

Delta wrote:

• "The IAM application requires the Board to address the representation status of all employees in the 1706 craft or class at Northwest."
• "Since the IAM was the certified incumbent only as to the entire 1706 craft or class, the IAM's application requires the Board to determine the future representation status of all the employees covered by the IAM's certification."
• "Failure to address all of the representation consequences as to the former 1706 craft or class would plainly violate the Board's duty."
• "The IAM's attempt to invoke its incumbent status on a piecemeal basis intrudes upon the Board's authority."
• "To allow the IAM to thus limit the scope of the Board's investigation [to just Fleet Service] would be an impermissible usurpation of the Board's authority."
• "The Board's prior decisions do not permit the IAM to narrow the scope of the former 1706 craft or class [to just Fleet Service]..."

The IAM wants to resolve representation issues for all classifications where we currently represent Northwest employees as soon as possible. But Clerical, Office and Passenger Service are not yet operating as a single transportation system. Therefore, Delta's insistence that all three groups be considered at the same time as Fleet Service employees, even though they agree with the IAM that each classification should have their own election, means that none of the three groups could be considered at the present time. The IAM had to withdraw its Fleet Service application until the other classifications are also a single transportation system.

First, Delta deceitfully told Office, Clerical and Passenger Service workers that the IAM left them behind. Now that Delta has gotten what it insisted upon, it is seeking to paint the IAM's motives as "repugnant." This is just the continuation of Delta's campaign to contaminate the election process. Having read the facts, it is Delta's conduct that is suspicious and repugnant.

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November 3, 2009NMB proposes fair Air/Rail Elections
 
The National Mediation Board (NMB) this week took the first step toward overhauling the union representation election rules for air and rail workers in the United States. The NMB is proposing to change the threshold for a successful union election from a majority of eligible voters in a classification to a majority of voters who actually participate in the election.

The NMB published its proposed rule change this week in the Federal Register and is seeking comments from interested parties for 60 days.

"As part of its ongoing efforts to further the statutory goals of the Railway Labor Act, the National Mediation Board (NMB or Board) is proposing to amend its Railway Labor Act rules to provide that, in representation disputes, a majority of valid ballots cast will determine the craft or class representative," said the Board. "The NMB believes that this change to its election procedures will provide a more reliable measure/indicator of employee sentiment in representation disputes and provide employees with clear choices in representation matters." The Machinists union will submit formal comments in favor of the proposed rule change.

The NMB's proposal has support in Congress as well. "Elections across our country are based on recognizing the choice of the majority of voters who participate in the election. Non-votes are not counted as favoring one outcome or the other. This should be the practice of the NMB as well," wrote House Committee on Transportation and Infrastructure Chairman James Oberstar and House Committee on Education and Labor Chairman George Miller in an October 29, 2009 letter to the National Mediation Board.

The NMB's authority to make such a rule change is contained within the Railway Labor Act and has been affirmed by the Supreme Court.

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November 2, 2009New rule to benefit rail, plane unions
By MIKE ESTERL and MELANIE TROTTMAN

Organized labor appears to be gaining the upper hand in the skies and on rails, as labor and business battle for influence under the Obama administration.

The National Mediation Board wants to make it easier for thousands of airline and railway workers to unionize under the Railway Labor Act by seeking to junk a 75-year-old election rule, according to a proposal published Monday in the Federal Register.

The move comes after a White House appointment shifted the balance of the government agency's three-person board. Linda Puchala, a former flight attendant union leader, was selected to replace Read Van de Water, a former Northwest Airlines lobbyist, earlier this year. She joined Harry Hoglander, a former pilots union leader appointed in 2002. The NMB regulates labor relations in aviation and rail.

More than 570,000 workers are employed by railroads and airlines, more than two-thirds of whom already are unionized. But changes to the election rules could affect thousands more workers. Delta Air Lines, Inc. the world's largest airline, and Continental Airlines Inc. are awaiting unionization votes that would affect about 40,000 workers.

The new policy could mark a significant victory for unions.

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October 30, 2009Machinists withdraw Delta Fleet Service single carrier application

The International Association of Machinists and Aerospace Workers (IAM) today withdrew the single carrier application it filed with the National Mediation Board (NMB) on behalf of Delta Air Lines' and Northwest Airlines' fleet service employees on August 13, 2009. The withdrawal is in response to Delta's insistence that fleet service representation issues be resolved at the same time as passenger service and office & clerical employees, whose single carrier applications have yet to be filed.

"Delta and Northwest have spent the last three months vigorously litigating their position that the IAM cannot submit an application for fleet service employees separately from the office & clerical and passenger service employees," said IAM General Vice President Robert Roach, Jr. "But Delta and Northwest are not yet a single carrier for representation purposes in the office & clerical and passenger service classifications. If the three separate crafts or classes must be investigated simultaneously, as Delta and Northwest insist, then the two carriers are not yet a single transportation system for fleet service either and the IAM must withdraw its application."

"The two airlines have also repeatedly and falsely accused the Machinists Union of not caring about the employees for which we have not yet filed a single carrier application," continued Roach. "Based on Delta's efforts to poison the mindset of employees, none of the employees can have a fair election at this time. The IAM looks forward to filing single carrier applications for fleet service, office & clerical and passenger service classifications when the taint of Delta's conduct has dissipated and each of those groups on Delta and Northwest are functioning as a single transportation system for representation purposes."

A ruling by the NMB that the two carriers are operating as a single carrier for a particular classification must occur before union representation issues can be resolved for that classification. The IAM's previous single carrier applications for Delta and Northwest flight simulator technicians and plant protection employees are not affected by the withdrawal of its fleet service application. The IAM will also file for stores clerks separately when both Northwest and Delta stores groups are operating as a single carrier."

A letter to Delta and Northwest employees, as well as a Q&A about the withdrawal of the IAM's fleet service application, are available below:

LETTER TO NWA/DELTA EMPLOYEES

Q&A

PDF VERSION OF THIS NEWSWIRE

October 30, 2009Two House Chairman send joint letter to the NMB asking for change

The House Committee Chairman on Transportation and Infrastructure, James L. Oberstar, and House Committee Chairman on Education and Labor, George Miller, have sent a joint letter to the NMB saying, "We are writing in support of changing current election procedures of the National Mediation Board (NMB) which treat non-voters as if they had voted "no."

JOINT LETTER TO NMB

CONGRESSMAN JAMES L. OBERSTAR'S LETTER TO DELTA CEO RICHARD ANDERSON

October 30, 2009 Mediator set to back change that eases airline, railway unionization
Courtesy Mike Esterl, and the Wall Street Journal

The National Mediation Board is proposing an overhaul of a decades-old election rule that would make it easier for airline and railway employees to unionize in the future, according to a person familiar with the matter.

Under the current interpretation of the Railway Labor Act that governs airlines and railroad companies, any employees who don't vote on whether to create a union are counted as "no" votes, meaning a union can't be approved without a full majority of all employees voting in favor of it.

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October 29, 2009Why we want better union election rules

The president of the Transportation Trades Department (TTD) responds to a recent Star Tribune editorial on the proposed NMB election changes.

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October 15, 2009NMB considers rule change for Air and Rail elections

In what would be a dramatic improvement to the rules governing union elections for airline and railroad employees, the National Mediation Board (NMB) is weighing a request from the AFL-CIO to allow representational elections to be decided by a majority of workers who cast ballots.

"It's time to give air and rail workers the same opportunity to form unions that other workers in the U.S. have had for decades," said Transportation GVP Robert Roach, Jr.

Under current NMB rules, any employee who does not cast a ballot is counted as a "no" vote. The rules for transportation workers are unlike the rules for employees covered by the National Labor Relations Act, which determines the outcome of elections the same way U.S. citizens elect their leaders - by a simple majority of those who cast ballots.

The current system is deeply flawed. Even if 100 percent of voters in an air or rail representation election were to cast ballots in favor of union representation, the NMB will declare the election invalid unless an absolute majority of eligible voters cast votes.

The AFL-CIO's Transportation Trades Department has developed a Q&A to help understand their request. That Q&A document is available here.

The AFL-CIO request is expected to face stiff resistance from carriers who have enjoyed an unfair advantage in union representation elections for more than 80 years. The IAM is coordinating with other AFL-CIO unions to guarantee fair elections for all transportation workers.

The IAM has submitted election petitions to the NMB for employees at several carriers. What impact, if any, the rule change request would have on pending representations disputes that have not yet come to elections is unknown.

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TRANSPORTATION TRADES DEPARTMENT (TTD) WEB SITE

October 15, 2009Attention Delta Air Lines' employees: Read some of the collective bargaining contracts that IAM members have negotiated and ratified

See it in writing. Read some of the contracts that our members work under in the airline industry. These contracts are enforceable by law. Forget about what you have been told. See it with your own eyes.

NOTE: Some of these PDF files are hundreds of pages. File uploads will differ depending on connection speed. You can also view contracts at Alaska Airlines, Air Wisconsin, Great Lakes and Big Sky by using the "airline" tab above. Each airlines' contracts are listed on their corresponding page.

Northwest ESSC - Ramp and Stock Clerks
Northwest COFPS - Customer Service, Clerical and Reservations
United PCE - Customer Service
United Ramp and Stores
United Fleet Technical Instructors
United Food Service
United Maintenance Instructors
Southwest Airlines

Members hammered out these agreements by submitting contract proposals; by negotiating contract language, by renegotiating when necessary and negotiating some more, until finally, they ratified their new agreement with a vote. Why shouldn't you have legal language protecting you and your job?

©Copyright 2008 IAM District 143. All rights reserved. The IAM authorizes you to print or download one copy of IAM-copyrighted materials on this web site for your  personal, non-commercial use. The IAM further authorizes you  to use such materials for purposes of education or organization and to distribute such materials to members of the IAM, other unions, their families, or for other educational or organizational purposes. For other uses, please contact staff@iamdl143.org.