A MESSAGE FROM THE IAM:
Delta Seniority Integration Committees
By now, many of you have received an internal memorandum sent by a group of Delta employees who call themselves the ACS "Seniority Integration Committee" claiming that they, on their own, have devised a "fair and equitable" method for combining the seniority for cargo and customer service employees of Delta and Northwest.
Coincidentally, or not, two other groups issued virtually identical seniority integration methods, the "Delta Reservations Seniority Integration Committee" and the "Delta TechOps Seniority Integration Committee" with regard to stock clerks.
First, it is important to understand that these groups have no legal standing to make decisions for Delta employees, let alone any Northwest employees. They are not a union or lawful employee representative. They are Delta employees being financed by Delta for the benefit of Delta. The fact that they are illegal "company unions" is one of the issues before the Court in IAM vs Delta Air Lines pending in the United States District Court for the District of Columbia.
Second, while these groups purport to make recommendations for seniority that would impact employees' work groups, only the National Mediation Board is lawfully authorized to make work group determinations. Further, any recommendations for how seniority can be used for bidding purposes would not be legally binding on Delta without a union. With the IAM, the methods by which employees can use their seniority would be in a legally binding collective bargaining agreement, ensuring your right to use seniority as voted upon by your craft or class.
Unless and until the National Mediation Board decides otherwise, the IAM continues to represent the classes and crafts of Office, Clerical Fleet and Passenger Service (COFPS) employees at Northwest. At least the memorandum you received acknowledges that the Delta/Northwest work groups are not yet operationally combined. Accordingly, under the law, no seniority integration of the work force can take place without the IAM's agreement. As explained above, because these issues are premature until the NMB has an opportunity to rule on the work group determinations, the IAM, and Delta for that matter, are not legally authorized to enter into any agreements at this time. This is the reason the IAM has been unable to participate in these committees—they are not lawfully established.
As you know, the IAM intends to petition the NMB to represent the employees of the combined carrier at the appropriate time. Once we do, there will be an election involving the employees of both Northwest and Delta. If fewer than 50% of the employees in a craft or class participate in that vote, the NMB, in the past, has held that there will be no union representative on the property for those employees. For that reason, it is absolutely critical that you exercise your hard-fought right to vote at the proper time to avoid being treated at the whim of the employer. Once the IAM wins the right to represent the employees of the combined carrier, we will be in a position to negotiate a fair and equitable seniority integration agreement with Delta. If no agreement is reached, we will then arbitrate the seniority issue in accordance with the law.
Finally, it is important to remember that until the NMB rules on the appropriate crafts and classes for the combined carriers, orders and conducts elections, and certifies the results, the Railway Labor Act requires that the status quo be maintained. We ask for your assistance monitoring Delta's compliance with the law.
In solidarity,
Stephen M. Gordon
President/Directing General Chair
Delta Seniority Integration Committees
By now, many of you have received an internal memorandum sent by a group of Delta employees who call themselves the ACS "Seniority Integration Committee" claiming that they, on their own, have devised a "fair and equitable" method for combining the seniority for cargo and customer service employees of Delta and Northwest.
Coincidentally, or not, two other groups issued virtually identical seniority integration methods, the "Delta Reservations Seniority Integration Committee" and the "Delta TechOps Seniority Integration Committee" with regard to stock clerks.
First, it is important to understand that these groups have no legal standing to make decisions for Delta employees, let alone any Northwest employees. They are not a union or lawful employee representative. They are Delta employees being financed by Delta for the benefit of Delta. The fact that they are illegal "company unions" is one of the issues before the Court in IAM vs Delta Air Lines pending in the United States District Court for the District of Columbia.
Second, while these groups purport to make recommendations for seniority that would impact employees' work groups, only the National Mediation Board is lawfully authorized to make work group determinations. Further, any recommendations for how seniority can be used for bidding purposes would not be legally binding on Delta without a union. With the IAM, the methods by which employees can use their seniority would be in a legally binding collective bargaining agreement, ensuring your right to use seniority as voted upon by your craft or class.
Unless and until the National Mediation Board decides otherwise, the IAM continues to represent the classes and crafts of Office, Clerical Fleet and Passenger Service (COFPS) employees at Northwest. At least the memorandum you received acknowledges that the Delta/Northwest work groups are not yet operationally combined. Accordingly, under the law, no seniority integration of the work force can take place without the IAM's agreement. As explained above, because these issues are premature until the NMB has an opportunity to rule on the work group determinations, the IAM, and Delta for that matter, are not legally authorized to enter into any agreements at this time. This is the reason the IAM has been unable to participate in these committees—they are not lawfully established.
As you know, the IAM intends to petition the NMB to represent the employees of the combined carrier at the appropriate time. Once we do, there will be an election involving the employees of both Northwest and Delta. If fewer than 50% of the employees in a craft or class participate in that vote, the NMB, in the past, has held that there will be no union representative on the property for those employees. For that reason, it is absolutely critical that you exercise your hard-fought right to vote at the proper time to avoid being treated at the whim of the employer. Once the IAM wins the right to represent the employees of the combined carrier, we will be in a position to negotiate a fair and equitable seniority integration agreement with Delta. If no agreement is reached, we will then arbitrate the seniority issue in accordance with the law.
Finally, it is important to remember that until the NMB rules on the appropriate crafts and classes for the combined carriers, orders and conducts elections, and certifies the results, the Railway Labor Act requires that the status quo be maintained. We ask for your assistance monitoring Delta's compliance with the law.
In solidarity,
Stephen M. Gordon
President/Directing General Chair
posted by Delta Ramp @ 11:25 AM
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