UAL Update and US Airways Update June 16, 2013 Rich Delaney, June 16, 2013 The NMB and US Airways: This past week began and finished with the National Mediation Board. On Monday District 141, through our International President, formally requested a release from mediation in our ongoing negotiations with US Airways. Under the Railway Labor Act the technical term for this action is to request a “proffer of arbitration”. What that means is the Union is asking for the legal process of negotiations to proceed to the next step. The proffer of arbitration would place all unresolved issues before a neutral arbitrator for final settlement. This is also called binding arbitration. Once the NMB responds to the request, and assuming they offer binding arbitration, either party, including the side that requested the proffer, may turn it down. Historically, most binding arbitration offers are turned down so that the parties may resolve issues themselves rather than have an outside person impose a settlement on the contract. Once, and if, arbitration is rejected the NMB will establish a strike date and a corresponding 30 day cooling off period intended to get the parties together for a last opportunity to settle before either side is free to seek “self help”; in the Union’s case that would mean a strike and on the company side it potentially could mean a lockout. This provision of the RLA is designed to focus both sides’ attention on the need to seriously negotiate a voluntary settlement before taking the drastic measure of strike or lockout. At this point, it is entirely in the hands of the NMB to react and respond to our request. There is no time limit they must follow in answering us. We took this step because the progress in our talks with US Airways was minimal and does not appear to be changing. The outstanding economic issues of wages, vacation/holidays, and pension improvements cannot be agreed to, based on the positions of the two sides. We believe we have presented the company with a reasonable but progressive proposal on these economic issues that recognizes the work our members have done to add to the success of the airline and also positions our membership correctly for the impending merger of employees with American Airlines. The company’s response, to this point, has been seriously short of where we need to be and is unacceptable. Since no movement was made to close the gap between the two proposals during our last meetings the IAM has now looked to the law to move these talks forward. The NMB and United Airlines: On Thursday the IAM met with the NMB regarding negotiations on United Airlines. This was the first meeting with the NMB since we jointly filed, with United Airlines, for mediation after the membership rejection of the tentative agreement reached in February. Representatives of both the Union and the company met together with Linda Puchala of the National Mediation Board for a status conference. Ms. Puchala reviewed the original protocol agreement the parties had entered in to last August and noted that since an agreement was not ratified under that process all represented employees and contracts, not only s-UA members, would now be considered as being in mediation and subject to the provisions of the Railway Labor Act. The NMB, while accepting our joint request for mediation services, did not immediately agree to return to the bargaining table with a set schedule. Both the company and the IAM were looking for a quick return to talks while the NMB was concerned about the availability of their mediators, previous commitments to other negotiations, and their normal practice of scheduling talks. The meeting resulted in the NMB assigning mediators Kelliher and Nordgren to future talks and Senior Mediator Patricia Sims to oversee and review progress on behalf of the NMB. Ms. Puchala informed us that the NMB would notify us this week regarding the restarting of talks. Both United and the IAM committed to be available at a time and place directed by the NMB to resume talks with the intent of reaching an agreement at the earliest possible time and present it to our members for review and ratification. On Friday the Negotiating Team met to receive a report on the meeting with the NMB and company and to prepare for a return to the bargaining table. A review of key issues was done and reinforced the positions of the members and the Union that job security, wages – both past and future – health insurance, and paid time off issues needed to be improved. Other subjects brought up through the ratification process and follow up conversations with members were also reviewed and discussed and will be further identified through the survey program that is nearing implementation as the security infrastructure is completed. The need to reach an agreement in the near future became more clear this week as effected members across the system completed the decision making the company imposed reduction in force in line stations across the country required. Without a single contract or seniority list covering all employees’ rights during this reduction, the differences between current contracts and company policies became more evident as options and benefits for employees were based on each person’s contract language or Fly to Win interpretation. In addition, word that the company is moving towards freezing the retirement benefits for s-CO management employees currently enrolled in CARP caused concern among s-CO members, especially those that do not have contract requirements to negotiate a replacement retirement plan in the event the company chooses to make similar decision regarding their retirement plan.
Posted on: Mon, 17 Jun 2013 01:10:07 +0000
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