NMB and Legal News
RAILWAY LABOR ACT
- Employees have the legal right to organize and
bargain collectively through a union of their choice.
- No carrier or it’s management shall deny or in any way
question the right of its employees to join or organize a union.
- It is unlawful for an airline to interfere in any way with
the organization of its employees.
- It is unlawful for an airline to influence or coerce
employees in an effort to induce them to join or remain or not to join or remain members of any labor organization.
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- You have the legal right to form a union at work and talk to
fellow employees about joining the union.
- The company does NOT see the cards you send to the union
nor do they receive a list of names of those who sign cards from the NMB once an election has been filed for.
- You have the right to talk about the union without a
supervisor threatening you or your job as long as you are doing it in a non-work area at non-work times. If you are working you can talk about the union as long as it doesn't interfere with your jobs and there are no customers present.
- If a supervisor is breaking the above rules and advises you
otherwise or they tell you to remove any union information from view or tell you to do something you feel is not right under RLA rules, do so, but write down dates, times, what took place, get witness names, and contact the union as soon as your shift is over.
- Management may also not threaten to cut your pay or
benefits or to close an office if a union is voted in. They may also not threaten more outsourcing because you vote for a union. We've actually had more outsourcing and office closures than ever before and that's without union representation.
- If you have ANY questions about the Railway Labor Act or the
National Mediation Board you may go to www.nmb.gov or call the union at
817-868-9933. You may also send an email to: cwa4aa@sbcglobal.net
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The National Mediation Board has proposed a more fair and democratic process for union elections!!
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Click on story title to read complete article.
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Non-Voters by Tula Connell / AFL-CIO November 6, 2009
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Click on NMB seal to left to be directed to their website.
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Sign the petition to the NMB below:
PLEASE FILL OUT YOUR INFORMATION TO SEND THE PETITION BELOW TO THE NATIONAL MEDIATION BOARD. PUBLIC COMMENTS WILL CLOSE SOON AND WE NEED AS MANY SIGNATURES AS POSSIBLE TO FORWARD TO THE NMB IN SUPPORT OF THE CHANGES TO THE VOTING PROCESS. THE CHANGES WILL BRING YES/NO BALLOTS TO UNION VOTES AND WILL NOT COUNT BALLOTS THAT ARE NOT CAST! THOSE WHO CHOOSE NOT TO VOTE SHOULDN'T AUTOMATICALLY BE COUNTED AS A NO VOTE!!
FILL OUT THE FORM BELOW AND CLICK ON "SEND PETITION" TO FORWARD YOUR COMMENTS AND SUPPORT FOR THE PROPOSED VOTING CHANGES.
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The Transportation Trades Department of the AFL-CIO, which
represents workers in every industry covered by the Railway Labor
Act, has filed a petition with the National Mediation Board to amend
the procedural manual to require a “Yes or No” ballot in
representation elections – the procedure in every other election in
America.
This is good news for all airline employees wanting union
representation because airline employees have been subjected to
the strictest election rules in the country. Currently in the airline
industry, under the NMB, all eligible employees start out as a NO
VOTE. This means that every employee is considered a NO VOTE
unless they override it with a YES. During NMB elections employees
who wish to "Sit Out" the vote are actually considered NO.
The Board will review the TTD petition and give its decision. They will
provide a timetable to resolve the ballot question. It is expected that
there will be the normal period for public and corporate comment
following the Board's initial response regarding the TTD petition.
We expect that American Airlines management will jump on the
bandwagon with Delta Airlines and others, including a list of anti-
employee Senators and other political figures to fight the procedure
manual change. NMB elections are the only elections in the country
that are handled this way. If all political elections were held in the
same manner as NMB elections are, it would mean that nobody would
be elected to office if at least 50% + 1 registered voter voted in any
election.
The current procedures for NMB elections were put into place back in
the 20's when rail was the jurisdiction of the Railway Labor Act. The
board can act alone to change the rule and bring it current with all
other union elections. For over 70 years NMB elections have required
that a union gain more than 50% support of ALL eligible members,
including those who don't vote.
Many companies have taken advantage of the "50% +1" rule by
padding the eligibility lists of employees who no longer work for the
company. This happened in our last election in 1998.
Airline management and anti-union political figures want the
procedure to stay the same because they know how hard it is to win
a union election in the transportation industry. The question to ask
any management person who tries to convince you that the current
procedure is the only way to vote would be: "How about if we keep
the current way of voting but let's have everyone start out as a YES
vote instead of a NO, and only those who don't want the union should
vote to cancel out the YES"? Of course their answer would be NO,
even though the actual procedure would be the same.
Procedural Manual Change Requested at the National Mediation Board.
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30 GOP House Members think voting for a union should be different then voting for them!!
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The undersigned are officers of the Association of Passenger Service Agents/CWA Local 6001,
and we would like to add our voices, and the voices of the agents on the attached petitions, to
those who have already spoken on the proposed changes in voting procedures to the RLA under
docket number C-6964.
Under the RLA, carriers are supposed to remain neutral during a campaign for representation.
However, they do not do so. You heard from Delta Flight Attendant Marianne Bicksler about the
"aggressive union avoidance tactics" instituted at Delta while she was an in-flight supervisor.
Ms. Bicksler described a multi-track strategy:
a. suppress the vote of active employees
b. pad the list to create more NO votes
c. make the list of eligible voters inaccessible to stifle communication among them
This mirrors American Airlines tactics during our 1998 campaign.
Since that time, the agent ranks at American Airlines have shrunk by about 50% due to
retirements, leaves, station closings, and station conversions to American Eagle.
Some of these lost agents have recall rights for 10 years so remain eligible to vote. Having gone
on to new lives and perhaps new locations, they are unlikely to return a ballot, if one even finds
them; so they are automatic NO votes under current procedures, possibly running into the
thousands.
In fact, under current procedures, even the deceased can vote NO, as happened in a recent Delta
election. However, under the proposed procedural changes this contentious issue becomes
moot. Value would not, and indeed should not, be assigned to an abstention.
We urge you to let both YES and NO ballots be counted and the majority of those who choose to
participate rule. After 75 years, this will finally level the playing field and leave us with a fair election
process in line with democratic principles.
Richard Shaughnessy Sandy Josephson Mike Lo Vuolo
President Secretary Treasurer
Read the letter below that was sent to the NMB supporting the proposed NMB procedures, from the Officers of Local 6001.
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Click below to read letters of support from Washington.
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