Appeals Court to take CWA case against American Air
As three other
unions deal with
the airlines in
bankruptcy court
WASHINGTON, D.C. (PAI) — A
federal appeals court will take the
Communications Workers of America
(CWA) case against American Airlines’
blockage of the union representation
election for passenger service agents,
CWA President Larry Cohen an-
nounced.
The case is important because a fed-
eral judge in Fort Worth, Texas, where
American Airlines is headquartered,
ruled — for the first time in history —
that the scheduling of a union certifica-
tion election could cause “irreparable
harm” to a company.
American, the nation’s third largest
airline, filed for bankruptcy protection
in November 2011 — with $4 billion
in the bank. In bankruptcy court the
company has tried to void its union
contracts with the Allied Pilots Associ-
ation, the Association of Professional
Flight Attendants, and the Transport
Workers Union, which represent
55,000 pilots, flight attendants, and me-
chanics.
AUGUST 3, 2012
If successful, the carrier will dump
its pension plans onto the federal gov-
ernment (taxpayers) and fire thousands
of workers.
The New York Times reported that
American’s management team stands
to make between $300 million and
$600 million in bonuses if American
Airlines emerges from bankruptcy as a
stand-alone company.
CWA’s election among 10,500 pas-
senger service agents had been sched-
uled for this summer, until the judge
called it off in July. He also accepted
the airline’s argument that CWA did
not file enough cards petitioning for the
union recognition vote.
After a long organizing drive, CWA
filed cards from more than 30 percent
of the workers last December. But
American Airlines filed lawsuits and
caused other delays, which prevented
the National Mediation Board from rul-
ing on the union’s petition for an elec-
tion until May. The National Mediation
Board is the government agency that
oversees labor-management relations
in the airline and railroad industries. By
May, Congress had changed the elec-
tion rules. Now, rail and air unions
must obtain authorization cards from
an absolute majority of workers in a
bargaining unit before the National
Mediation Board will schedule a vote.
U.S. District Judge Terry Means
said CWA failed to meet that standard.
“Even in bankruptcy, American was
able to stop an election by finding a
judge who sided with them because it
(the election) would ‘hurt morale,’ ”
Cohen sarcastically said during a con-
ference call late last month.
“The U.S. Court of Appeals” in
New Orleans “will hear that lawsuit
and the Department of Justice is carry-
ing that lawsuit, too,” Cohen said.
Last month, 121 members of Con-
gress wrote American’s CEO Thomas
Horton, urging him to drop the legal
maneuvers and let the election go for-
ward.
Among those signing the letter
were U.S. Representatives Suzanne
Bonamici, Earl Blumenauer, Peter De-
Fazio, and Kurt Schrader of Oregon
and Adam Smith and Jim McDermott
of Washington. All are Democrats.
“We are disappointed that you
sought the injunction instead of pro-
ceeding with the union representation
election once the statutory require-
ments for holding that election were
met by the passenger service agents,”
they wrote.
The congresspeople pointed out that
when debating the bill that contained
the higher threshold standard for trig-
gering a union election, it was con-
firmed that it would not impact appli-
cations that had already been filed.
“We are confident that congressional
intent on this issue is clear, despite the
recent (court) ruling,” the letter states.
Caregivers picket St. Charles Hospital
BEND — Hospital workers and
members of the community held an
informational picket July 25 at St.
Charles Medical Center, where 600
caregivers are trying to secure a first
contract. They are members of Serv-
ice Employees International Union
(SEIU) Local 49.
“Caregivers have had over 40 bar-
gaining sessions to date and have yet
to see management address their main
concerns around having a voice in pa-
tient care, having good jobs with liv-
ing wages, and affordable health
care,” said union spokesperson Felisa
NORTHWEST LABOR PRESS
Hagins in a press release.
The union won a narrow organiz-
ing victory in January 2011. Often-
times employers in close elections
will use stall tactics to avoid reaching
agreement because federal labor law
allows a minority of workers (30 per-
cent) to file for a decertification elec-
tion if a contract isn’t in place after 12
months.
A decert was filed in February.
The National Labor Relations
Board has not set an election date,
however, as it is investigating several
unfair labor practice charges SEIU
filed contending that the hospital and
its team of hired consultants had en-
gaged in illegal and coercive tactics to
intimidate employees into voting
against the union.
Since voting for Local 49, several
union activists have been disciplined,
and some terminated.
St. Charles is the largest employer
in Central Oregon. At the same time
that caregivers were picketing, hospi-
tal CEO Jim Deigal was announcing
St. Charles’ intentions of acquiring
Mountain View Community Hospital
in Madras.
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