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2008 Agenda #1 SUBJECT: Separate Membership Voting During Ratification of a Combined Collective Bargaining Agreement/Contract During Mergers. STATEMENT OF QUESTION: Should Section VI. B.5.a and d of the AFA-CWA Policy Manual be amended to clarify the procedures of ratification for merged memberships? SOURCE AND DATE SUBMITTED: AMW 66 - May 9, 2008 BACKGROUND INFORMATION During past mergers ratification was conducted by combining the memberships of the affected merged carriers/airlines based upon a past practice and not any actual Section VI or Section X Merger Policy language. The AFA Constitution and Bylaws and Merger Policy as written are silent on the procedure for ratifying a merged agreement. In every other aspect of the Section X Merger Policy each separate membership, their respective contracts/agreements, the Master Executive Councils and Local Executive Councils of each airline involved in a merger between AFA represented carriers continues to remain separate until a single or combined contract is ratified. Therefore, in retaining the consistency of the Constitution and Bylaws, the process of ratification should remain a separate process as well. Each membership that comes into a merger brings a contract that has been created, negotiated and ratified by its members. Each membership has spent their dues monies and their time and effort crafting a contract that works within their particular lifestyle and working conditions. The culture, history, identity and autonomy of each membership will be recognized and preserved by allowing each membership to have an equal vote and an equal voice on a single contract during a merger. Separate ratification will provide additional leverage in negotiations toward a merged contract. Separate ratification processes of each airline involved in a merger force airline managements to satisfy each membership at the table. Separate ratification encourages mutual inclusion and a more democratic process for merging memberships. Separate ratification creates a perception of inclusion for all flight attendants, which promotes a stronger, more unified combined flight attendant group once the merger is complete. PROPOSED RESOLUTION: WHEREAS Section VI and Section X of the AFA-CWA Policy Manual is silent on the ratification process of a single/combined Collective Bargaining Agreement between two merging carriers, and WHEREAS the AFA-CWA Policy Manual, Section VI; B.5.a specifically addresses agreements reached through collective bargaining agreements during Railroad Labor Act and Section 6 negotiations but not merged contracts that are not governed by such, and WHEREAS all other aspects of each membership including their seniority lists, the Master Executive Councils, budgets, grievance committees, and System Board members involved in a merger remains separate until “signing of a merged working agreement”, and WHEREAS the AFA-CWA Policy Manual Section VI; B, Paragraph 5.d. does contain the wording “membership of each airline” with regard to electronic balloting but does not address merging memberships, and WHEREAS previous single agreement ratification has been conducted using a past practice and not based on any written language, it is necessary to amend the ratification procedure for a single/merged agreement, THEREFORE BE IT RESOLVED to amend AFA-CWA Policy Manual VI; B, Paragraph 5.a and d to read as follows: a. Collective Bargaining Agreements d. (1) In the event of a merger between two AFA-CWA represented carriers/airlines the ratification vote of a single/combined Collective Bargaining Agreement shall be conducted in the same manner as any other Collective Bargaining Agreement with each carrier’s/airline’s membership retaining separate voting procedures. In the event of a mail/electronic ballot, each of the merged carriers/airlines must reach separate ratification. Each carrier’s approval, by a simple majority of ballots cast of each of the merging carrier’s members who are eligible to vote, will ratify the agreement. |
