Several questions have been asked by our Members in regards to what could happen if this Membership voted in a new union as their Bargaining Agent. I have compiled some of these questions and sent them to the TWU International Legal Department asking for answers. Although some of these questions are quite simple I felt it best to get answers from Legal.
In Solidarity,
Dale Danker
1. Is the AMP International for the Tulsa Base only, since there International is in Tulsa OK?
Neither AMP nor any other entity can represent just the Tulsa base, under the RLA, all representation must be Class & Craft system-wide. So for M&R, AMP cannot simply represent the current Title 1 and MCT groups only, Title 2 members are considered part of the Craft and Class under the RLA.
2. Will AMP retain the current T/A’s since they are 95% complete with the TWU and IAM as they negotiate the JCBA?
They are T/A’s not a final “ratified” agreement, AA would have no obligation to consider or retain them, as T/A’s if there is a change in representation.
3. Could we be 3 yrs away from a JCBA.
There is no specific timeline in reaching an agreement between the parties. If AMP replaces the TWU & IAM, bargaining would begin from square one, AA would not be obligated to retain anything already negotiated with TWU/IAM, and the timeline for AMP to create it’s internal structure, hold elections, prepare a negotiating committee, etc. would be determined by AMP; and then negotiations would begin with American.
4. With 75% of the dues going to the AMP International how will the locals have money to hold elections and set up their local?
If AMP were successful, this would be established after the election. Before they could propose a schedule of events, but until they become the bargaining representative they are under no obligation to follow that plan.
5. How long will it take to elect Officers of AMP and then elect Local Officers?
AMP would set that timeline, usually 6 months to begin is about the normal standard. Also after the Leadership elections, there would need to be Local elections, and then the organizing of a negotiating committee and planning for negotiations.
6. How will the Negotiations be handled? Will we negotiate from only the TWU CBA or will the IAM CBA be included?
AMP would determine the structure of negotiations. If AMP replaces both TWU and IAM would be members of “AMP” and eligible for any election.
7. If we include both the TWU and IAM contracts and start from scratch won’t that put us where we were 3 years ago when negotiations started?
Again, only AMP can determine what might happen if they were to take over. One could speculate as to what might or might not happen, but what we do know is that once an election process starts, it will take time to complete. American would probably limit M&R negotiations, while the election process was taking place.
8. What can members/employees do on company property while on company time?
This is largely a matter of company policy. But the company cannot assist or support any effort in support of any union or organization.
9. If AMP were to win the vote before a JCBA is reached at AA, would both the TWU and IAM Agreements remain in Status Quo?
Both agreements would cease to be agreements, but the terms and conditions under those agreements would be the status quo until AMP bargained for a new Collective Bargaining Agreement.
10. Under the Replacement of/Decertification of Craft Representative Under RLA, the applicant can theoretically disclaim representation?
Basically, this is a back door way to decertification. This has not happened often, but it has been done. The applicant stands as a nominal alternative representative, but then proclaims that he/she/it will not.
11. AA/TWU Equity monies. Would TWU still be obligated to distribute?
The equity was negotiated to be for members in return for prospective concessions in the CBAs under pressure of bankruptcy section 1113. Numerous communications to the members have characterized it that way and while there is no clear binding requirement for that in the CBAs or in the 1113 order – TWU has distributed monies to those per the equity committee determination.