Calling the decision “a travesty of justice” for American Airlines agents, CWA on June 22 prepared to ask an appeals court to overturn a preliminary injunction issued in federal court to block agents from voting for representation.
“Three days ago, agents should have been celebrating their election victory,” said CWA Organizing Director Sandy Rusher. “Instead, American Airlines has sued the National Mediation Board and a fair, lawful election has been delayed twice. Now that vote is stalled again.”
CWA expected the worst from U.S. District Judge Terry Means, a Texas appointee of George H.W. Bush, and they got it. He ruled in favor of the company on the merits of the case, saying that a law passed in February 2012 should apply retroactively, even though the union filed for the election on Dec. 7, 2011, under different eligibility rules.
“This legal action is based on inaccurate statements by American Airlines and its willful misrepresentation of federal aviation law, despite hearing from the law’s authors, Senators Reid, Rockefeller and Harkin, that the law does not apply to the agents’ election,” Rusher said.
At a rally before the June 21 hearing, agents stressed that having union representation was critical if passenger service agents were to have any voice in the demands American Airlines is making of them. American Airlines filed for bankruptcy with $4 billion in the bank, mainly to throw out collective bargaining agreements of unionized workers and slash the jobs, wages and benefits of agents.
Salma Kassam, who has worked as a passenger service agent at DFW for the past 18 years, said, “We are outraged that American Airlines has fought our right to vote at every step. They have violated an order from a Federal Agency and they have interfered with our right under the Railway Labor Act, and now they are trying to re-write legislation passed this year and doing with the complicity of this court.”
CWA vowed to make every legal challenge and argument necessary to make sure that agents get their right to vote. CWA Vice President Claude Cummings accused American Airlines management of “hitting a new low” of corporate greed.
“This company won’t even let you decide if you will have a collective voice or any voice in this process. It has been willing to lie to a federal agency, the NMB, and then file a frivolous lawsuit against that same federal agency. It has been willing to waste millions of dollars on union-busting attorneys, all to deny agents a right that should be fundamental in a democracy, the right to vote,” Cummings said.
As much as I would like to see the union win, I don’t see it happening.
The union needs to have another vote to get the 50 percent they need and then they can become unionized. Stop wasting money on something you won’t win until you re-do a vote and get the 50 percent that is needed to vote for a union.
We have not had a vote yet. The agents and union followed the rules in place and filed with a sufficient number of authorization cards to call for a vote. The company padded the eligibility list, as they usually due, with the hopes of throwing the vote out or at least delaying it so that they can spend more time on fighting the union or wearing down the employees. The vote was scheduled and instead of allowing employees to vote and let the vote count speak for itself, they filed lawsuits against the NMB. Watch the websites for updates.
I understand what they did last fall but since AA seems to have all of the Texas judges in their back pocket who will always take their side just to slow the employees down, just makes sense to get that vote again of 50 percent so that you will win the right to vote and that will be in compliance with the law that AA says does not count. It shouldn’t be too hard to get everyone’s signature again to agree to be represented by a union for them. That way AA can’t stop any voting you want done. I just want to see this ball get rolling and win because I am sick to death with the lousy benefits that they give us HBR reps. It sucks.
Judge Terry Means was appointed by George W. Bush. It comes as no suprise that he would side with AA management rather than employees trying to obtain a voice in their futures. The real exposure here is to know which political party our 4.1B colludes and supports rather than the other political party which overwhelmingly sides with workers. And that’s something everyone should consider come November in our Natinal elections.
The behavior of our senior management to openly defy law but also defy Federal agenecies, the DOJ, several senators is embarrasing and shameful. I wonder how our Democratic customers would feel about American Airlines if a story like this were to make it’s way like CBS 60mins or another national platform.
The shame here is that the longer it takes to have this vote, the greater risk of that national exposure. I don’t think our senior management get’s that or simply don’t care.
David,
Why don’t you or another birdie tweet all that is going on to 60 Minutes show or NBC Nightly News so they do get embarrassed? If this is what it takes to get our side recognized, then do it!
Minor thing… Judge Terry Means was appointed by George H.W. Bush, not George W. Bush… Although, like father like son.
I have worked for AA for over 20yrs and have given my all to make this company what it is today. Now I feel like I have failed, I am worthless, and all my hard work is for nothing.
If AA is so sure we dont have the majority that we need to have a vote let us vote.
And can the CWA just throw out the current union signature cards, and start again making sure they have the 50% required by the new law and resubmit them so AA has no other ammunition to delay it again?
I feel like I am going to be pushed out the door in no time at all unless a union can protect me.
Please help us, and pray, pray, pray…
AA has made this a very public fight, over what is legal and just. When the corporation chose to defy the NMB and failed to supply names and addresses as ordered, when the Department of Justice was ignored, letters from top congressional leaders (some were authors of the bill passed in FEB2012) , they alone made the decision to take this issue to the citizens of the US. The initial lawsuit was called meritless by the DOJ. The NMB called twice for elections, only to be stymied by frivolously filed lawsuits and injunctions.
There is specific language in the bill passed in FEB2012 that precludes a retroactive mandate. At question is what law to follow. It is clear to me, but obviously the corporation doesn’t see it that way. Why? Because they think they are right. But by ignoring the law, they are in the wrong.
AA is wasting time and millions of dollars, during bankruptcy, to fight against the NMB, and in essence, the employees of its corporation, in federal court and wasting your tax dollars along the way. Just because they can?
I for one, will not let rest, the democratic process that this county was founded on. What is right and just and ethical is what is at stake here. It is now a matter for the Appellate court to decide. If need be, the Supreme court.
Jeanette, excellent comment. There’s one presidential candidate who touts ‘Corporations are people to my friends’. So I ask you, who do you know that has defied Federal law, defied the orders of 2-Federal agencies and elected Senators but is not in prison to tell us about it? Or maybe they had to pay huge fines and penalty. The longer it takes for an election, the greater chance this election and the negative performance by management could reach a national platform. Not only would that be self inflicted, it could impact our company’s bottom line.
We don’t want our customers thinking definace of goverment agencies in this election might easily spill over to regulatory agencies like the FAA with respect to maintenance orders for maintenance and safety issues.
HDQ1, stop being hypocritical in suggesting how great a job we’re doing on the front lines while on the back lines, you’re spending millions of dollars trying to prevent this election. If that respect, it doesn’t sound like we’re that broke, does it?