In a brief supporting the NMB’s decision that an election should proceed, the Justice Department argued, “the Board’s actions in representation disputes are generally unreviewable, and therefore outside of this Court’s jurisdiction, because of the necessity to resolve such disputes expeditiously.”

Both the Justice Department and the NMB’s general counsel asked that the case be dismissed and the election be allowed to proceed. Agents throughout the system couldn’t agree more, and we’re wearing our CWA pins and circulating a petition urging CEO Tom Horton to stop the delaying tactics. You can download and print out the petition here or you can sign an electronic petition here.

American Airlines’ argument that the NMB should require a higher standard for showing of interest is wrong, the Justice Department argued, since the NMB applied the law as it stood at the time of the election filing. A change in the rules – from 35 percent to 50 percent “showing of interest” – passed by Congress in February of this year would not apply to an election filed in December 2011.

The NMB decision “was an act of statutory interpretation concluding that Congress did not expressly require that the 50 percent standard be applied retroactively,” the Justice Department argued. Indeed, a letter to American Airlines CEO Tom Horton by the three U.S. senators who negotiated the change in the law, specifically said Congress did not intend for the change to be retroactive.

Meanwhile, five U.S. representatives from Illinois wrote to Horton expressing their concern that the rights of American Airlines agents were being trampled by the carrier’s refusal to hand over mailing labels for the election. The letter from Reps. Jan Schakowsky, Jerry F. Costello, Bobby L. Rush, Jesse L. Jackson Jr. and Daniel Lipinski stated:

“We know that you are grappling with financial problems and are in the midst of corporate bankruptcy proceedings. For your workers, too, this is a time of great uncertainty. It is important that there be no barriers to their ability to exercise their legal rights to decide whether they want to collectively bargain and why we strongly encourage you to provide the information to the National Mediation Board.”

The NMB has given American Airlines until Tuesday, May 22, to respond to CWA’s request that the election be held using mailing labels submitted by a group of agents on Tuesday, May 15. In a letter to NMB General Counsel Mary L. Johnson, CWA President Larry Cohen argued that precedent established by the Board in 2004 allows elections to proceed without the cooperation of an employer.

Meanwhile, three U.S. senators sent a letter to AMR CEO Tom Horton disputing the company’s basis for filing the lawsuit, saying an amendment to the FAA authorization bill passed in February was not intended to be retroactive to cover elections already filed before the NMB, including our election.

Agents from across the country had appeared in bankruptcy court in New York City May 10 as the attorney for our Ad Hoc Committee argued that the court should issue an injunction to stop American Airlines from making changes in our jobs and working conditions until after the representation election, and that the court should compel AMR to comply with the law and turn over mailing labels to the NMB.

In rejecting both motions, Judge Lane said the agents do not fall under his jurisdiction because we don’t have a collective bargaining agreement – even though CWA is helping the agents with representation in bankruptcy court and has filed a brief in the Texas district court supporting our right to an election.

“We will continue fighting in every venue that we can to support American Airlines agents,” said Sandy Rusher of CWA. “They deserve a chance to vote for a representative and to negotiate a collective bargaining agreement. That’s what this is all about.”

Rusher was among the union supporters who accompanied agents to the NMB offices May 15 urging the Board to continue with the election even if the company does not cooperate. The agents handed over a mailing list consistent with the list delivered by the company back in December, and consistent with the NMB’s finding of eligibility.

In their letter to Horton, Sens. Tom Harkin, Jay Rockefeller and Majority Leader Harry Reid said that discussion on the Senate floor back in February made clear that they did not intend for a new NMB rule to be retroactive.

“Beyond the clearly established precedent that limits the retroactivity of changes in the law, in this case Congress included specific language in the amendments addressing this issue – the language specifies that the determination of the adequacy of a showing of interest is made ‘upon receipt of an application,’” the senators wrote.

Meanwhile, agents are circulating a petition urging Horton to stop the delaying tactics and allow the democratic process to proceed. You can download a copy of the petition here.

At the NMB May 15, the group delivered labels containing the names and mailing addresses of nearly all voting-eligible agents. The list coincides with the eligibility list submitted by American Airlines to the NMB on Dec. 7, 2011, when CWA filed for a representation election, and the NMB’s later determination of eligible voters.

“American Airlines employees must be afforded their right to choose union representation in a free election. The timing of the election is particularly critical in this situation, as American Airlines is in bankruptcy and is using that proceeding to make immediate, structural and life changing decisions about passenger service agents,” CWA President Larry Cohen said in a letter to NMB General Counsel Mary L. Johnson.

American Airlines has refused to deliver the mailing list, in defiance of NMB and the Railway Labor Act, desperately trying to stop the vote by challenging the decision in court. Meanwhile, it is trying to force agents into early-retirement decision that could cost them thousands of dollars.

“When I read that the company was not going to hand over the voter list and was suing to prevent our right to vote on representation, I did not believe it,” said Cherie Isik, SMF. “I had to re-read the article three times before it sunk in that American was going to blatantly violate federal law to stop our election. I am still in shock. I can’t believe it.”

American Airlines has called for outsourcing many agent jobs, closing a reservation office and forcing agents to work from home, at their own expense, laying off agents at nearly every airport. These job cuts are on top of massive cuts proposed for health care and pensions, which could be frozen.

“American Airlines is desperate,” said Debra Suazo, who as a MIA cargo agent faces the loss of her job to outsourcing under the company’s announced plan. “They are against the wall. AA now sees that the agents will not take losing their jobs without a fight.”

In his letter to the NMB, Cohen cites the 2004 precedent in the case of USA Jet Airlines for the NMB to proceed with the election even without the company’s participation.

Cohen also urged the NMB to extend the voting deadline beyond the current June 19 date and to “allow voters to submit requests for ballots by mail, telephone, facsimile, and email. The Union will post any instructions regarding ballot request procedures to its website, and we request that the Board direct American Airlines to do the same at all job locations by requiring them to make a posting.”

The effort to convince the NMB to move ahead with the vote was covered by the Dallas Morning News airline industry blog.

The NMB is scheduled to mail out voting instructions to agents on May 17, but American Airlines has defied the law in refusing to turn over mailing labels to the Board. Agents have argued that the NMB can create its own mailing list if the company does not comply, citing a 2004 case involving USA Jet Airlines.

Among the 10,000 letters sent to the NMB is one from Richard Trumka, president of the AFL-CIO, the largest labor federation in the world representing 12 million workers. In his letter, Trumka said American Airlines’ legal arguments defy precedent and Congressional intent, urging the agency to cite the company for criminal conduct and to forge ahead with the election.

“AA’s refusal to cooperate in the election process cannot be allowed to stand,” Trumka wrote, urging the NMB to construct a list of the electorate through the use of all available information, “including whatever information the company chooses to come forward with.”

Meanwhile, agents who attended the bankruptcy court hearing in New York City May 10 were returning to their stations urging their fellow agents to wear CWA pins and lanyards and promote the upcoming vote for CWA.  Our “tweets” from the courtroom got plenty of notice across the country, including from the airline blog of the Dallas Morning News.

American Airlines’ efforts to stifle our votes has rankled agents everywhere. “Throughout this process American Airlines has said things will be fair and equitable, so why are they trying to prevent us from having an election,” asked Veda Kirven, SERO. Said Jan Cadavid, LAX, “The undemocratic behavior just shows what we are dealing with.  Organizing is essential to our survival as agents.”

Even as the company continues its efforts to keep agents from voting for a representative, it is trying to abrogate the contracts of the union workers, arguing in bankruptcy court that it should have the power to make unilateral changes by virtue of its failure as a business.

The Dallas Morning News also has highlighted that management failure in terms of fees paid out during the bankruptcy proceedings. “Our current count, as of close of business Friday, was $58.7 million, of which the lawyers, consultants, advisors, etc. can claim 80 percent now and 20 percent later,” wrote blogger Terry Maxon. “They also have applied for $2.7 million in expenses.”

The agents were greeted by Tom Kennedy, an attorney representing their Ad Hoc Committee for Passenger Service Agents, who briefed them on the legal efforts to stop American Airlines from implementing drastic cuts and job changes for agents before the election (See photo, above).

American Airlines filed suit to stop the election and prevent agents from gaining a voice and the legal right to negotiate over conditions of employment. If agents vote for CWA in an election scheduled to begin May 17, the company would be compelled by law to negotiate with the agents.

“I have been stunned at how low this company, that I have worked so hard for, and for many years trusted, will go to keep us from having that voice,” Rosemary Capasso, chair of the Ad Hoc Committee, said at a press conference. “Even while in bankruptcy — while they’re kicking long-time employees to the curb, outsourcing jobs, taking away retirement security, telling us we have to work harder for significantly less money — they have spent hundreds of thousands of dollars on union busters and attorneys to squash our effort to have a representation election.”

Afterwards, the agents all filed into the courthouse to attend the hearing, which began at 10 a.m. You can follow them on twitter at twitter.com/cwa4aa.

To read a report on the Ad Hoc Committee’s arguments before the judge, see this report by the Ft. Worth Star-Telegram.

The company has for weeks refused to turn over the list of names of agents who are eligible to vote in the election, which is scheduled to start May 17, the date the NMB would mail out the voting instructions. The delay stands in stark contrast to the immediate handover of a bogus list when we filed for the election.

With its lawsuit, AMR seeks to change the rules in the middle of the game, requiring a higher level of “showing of interest” by agents.  We filed for our election back on Dec. 7, and the threshold for signed cards was 35 percent of the total unit – a level we have clearly met.  Here’s how the Dallas Morning News is reporting the story.

“What happened to our glorious 85-year direct relationship with management? This act proves utter disrespect to us agents to whom management constantly states that they ‘appreciate all we do,” said Evelyn Eng, LAX. “Honestly! They should be ashamed of themselves!”

Said Kevin Barnes, a MIA agent, “American Airlines says they are trying to work with the agents! Why are they doing this? We have the right to decide if we want a union or not. Stop wasting time and money and let us decide what is right for us.”

CWA President Larry Cohen denounced the airline’s desperation move. “Even in bankruptcy, AMR is spending hundreds of thousands of dollars for the sole purpose of stopping workers who want union representation,” he said. The union is calling on the Department of Justice to require the company to obey the law by turning over the list of eligible agents so that the election can go forward. The Ft. Worth Star-Telegram has more here.

The last-ditch effort by American Airlines to avoid the election will be a topic for the bankruptcy hearing in New York May 10, when agents already were planning a show of strength against the company’s plans to outsource jobs and make other drastic changes in benefits and working conditions.

To find out more about the bankruptcy hearing, or to learn how you can become more involved in the campaign for representation, call 817-868-9933.

Sentiment for union representation is growing, said Bryan Wall, a Sacramento-based agent who pointed to AMR’s plan to outsource many of our jobs as clear evidence the company has been lying to us. “They promised a strong voice and gave us a survey. Then they tore up the survey and did what they wanted to do,” he said.

“We have seen that a union can make a difference,” he said. “The Transport Workers Union got the company to move from its original proposal because they had a seat at the table. That’s why the company is fighting so hard to keep us from getting a seat. We need a strong voice of our own.”

The National Mediation Board will mail out voting instructions May 17 to the addresses of agents provided by the company, and electronic voting by phone or Internet will be conducted up until June 19, when the votes will be counted. Sample instructions will be sent by the NMB on May 10, so agents will know what they’re looking for. For more information, see the Election page.

May 10 is also the date for the bankruptcy court to hear a motion filed by attorneys for the Ad Hoc Committee for Passenger Service Agents to block the company from implementing its announced changes until after the representation election.

“The American Airlines agents have taken specific steps in bankruptcy court to block the proposed changes and to force the company to negotiate with us once the union is voted in,” explained Ed Gilmartin, general counsel for CWA’s Association of Flight Attendants. “Agents have demonstrated they want representation, so they should fall under Section 1113 of the bankruptcy code, just as the unionized workers do.”

Many agents are traveling to New York to demonstrate their support for the committee’s legal action and the upcoming vote, including Eva Solis, who is making the trip all the way from LAX. “We need to send a strong message to the company, which is why we need a strong showing by agents,” she said.

Also speaking was Rita Kepple, a retired agent still active advocating for a voice for agents who is both a member of the Ad Hoc Committee and a recent appointee to the Retiree Benefit Committee, a five-person committee that also includes representatives from the three unions at American Airlines. “I retired in 2008 but I haven’t stopped working to get a union for agents,” she said. “We need CWA in our corner, to protect our future.”

Many of the questions posed by agents on the call related to the experience of US Airways agents, represented by CWA, during two bankruptcies in 2002 and 2005. US Airways agent Vickey Hoots was on hand to explain how, because the agents had a union and a contract, they were able to protect jobs, bargain their concessions and “snap-back” provisions to get back what they had.

“We have a provision in our contract that no reservations work can be outsourced,” she said. “The only exception was during the bankruptcy and no one was laid off as a result. And now those jobs are all back in our bargaining unit.” Without a union, you are unlikely to get back what you’ve lost to ensure there are no more cuts, she said.

US Airways hasn’t resorted to home-basing reservation agents, but if it does the agents negotiated provisions in their contract to ensure they would receive the same benefits as office-based employees and that the company would pay for their Internet and phone service.

Hoots, noting that US Airways is seeking a merger with American Airlines, urged agents to vote for CWA to facilitate integration of seniority lists and negotiations for a joint contract.

Another town hall call will be held tonight at 8 p.m. ET.  You can sign up for the call by filling out the registration form.  Find out how you can get more involved in the campaign by calling 817-868-9933.

US Airways has pledged to save the jobs of more than 3,500 American Airlines mechanics and ground crew workers that American has proposed cutting, according to a report in the Ft. Worth Star-Telegram. Unions representing American Airlines pilots and flight attendants also have agreed to support US Airways’ bid for a merger based on restructuring proposals it has offered to the unions.

American is revising its restructuring plan to retain thousands of jobs as well, a spokesman told the newspaper.

According to documents released by the Transport Workers Union, US Airways agreed not to eliminate the jobs of 1,500 mechanics and 2,042 ground workers at 30 airports nationwide if it merges with American.

Read more of the report here.

While the company has continued to maintain that it is too late during bankruptcy for a union to do the agents any good, it is going to extreme lengths to prevent us from voting for representation by CWA. The filing April 23 came the same day the company asked the bankruptcy judge to terminate union contracts even as it offered ground workers a new deal that would limit jobs cuts, according to reports.

At airports across the system, agents joined unionized employees in rallies opposing AMR’s motion to terminate employee contracts, and were also supported by their fellow employees in our campaign for CWA representation. Joining us at the rallies were members of the Transport Workers Union, the Association of Professional Flight Attendants, CWA’s Association of Flight Attendants, which represents American Eagle flight attendants, and other unions of the AFL-CIO.

In a huge rally in front of the bankruptcy court in New York City, union officials including TWU President James C. Little and APFA President Laura Glading vowed to fight to preserve their contracts and the collective bargaining process. You can see a video of the rally here.

In its filing before the NMB, the company argued that the Board had erred in eliminating more than 800 furloughed agents from the eligibility list, and that the NMB should require a “showing of interest” by 50 percent of the agents work group – essentially trying to change the rules in the middle of the game.

We remain hopeful that the NMB will dismiss AMR’s appeal in time for the election to be held on schedule. The agency announced that it would mail out voting instructions on May 17 and voting would continue until June 19. See more on the Election page.

Unionized workers at American Airlines will have a chance to present their arguments against the termination of their contracts beginning on May 14.  On May 10, the bankruptcy judge will hear arguments from our Ad Hoc Committee seeking a temporary restraining order against cuts in our jobs and conditions of work until after the representation election, and agents are making plans to attend that hearing.

You can get more information about the rallies and bankruptcy court in this Dallas TV report.

The company continues to threaten to try to prevent our vote, but it has not dampened the enthusiasm of CWA supporters. More and more agents are wearing CWA pins and lanyards, and more are available.  Call 817-868-9933 for information.

The National Mediation Board will mail out the voting instructions on May 17, and will count the votes and announce the results at 2 p.m. on Thursday, June 19. But CWA is urging supporters to vote as soon as they get their instructions. This is our future, and we can’t afford to delay.

The voting instructions will include individualized PIN and VIN numbers, which you will need in order to cast your vote. Make sure the company has your correct address because the list the NMB will use comes from the company.

Voting will be conducted via telephone and Internet, and the system will be open 24 hours a day, seven days a week. Agents are urged to use their own home phones or computers because the company is able to monitor any votes conducted on their phones or computers.

We’ll get a preview of the instructions in a few weeks, when the NMB mails out sample voting instructions on May 10. For a full schedule and information about the election procedure, see the ELECTION page.

In bankruptcy court, meanwhile, the judge has delayed until May 10 our Ad Hoc Committee request for a temporary injunction to prevent the company from changing agents’ working conditions until after the representation election.  Next week the court will focus on Section 1113 hearings on negotiations for unionized employees.

The delay will allow more agents to make the trip to New York for the hearing. This is our chance to be represented along side the high-priced attorneys, consultants and investment advisors, and we encourage everyone to come out.  AGENTS NEED TO TURN OUT IN FORCE.

If you are interested in attending the hearing, contact CWA at 817-868-9933.  We need our collective voice at this point to prevent the massive cuts the company plans for our work, pay and benefits.