FRH – 11.20.14

 

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FACT Rep Update – November 20, 2014
Flight Attendant Communications Team

 

FACT: The APFA Board of Directors met Wednesday in DFW to discuss the remaining step in the process to achieve a joint contract for the membership with the Joint Negotiating Committee (JNC), the JNC attorneys and APFA’s attorney in charge of the upcoming arbitration. During their presentation to the BOD and the discussion that followed, options and strategies for APFA to present their case to the arbitrators were thoroughly examined. The first arbitration is set to begin on December 3rd. While the JNC and the Board recognize the arbitration process and its limitations, the Board is firm in its commitment to continue to fight for the best contract possible for the Flight Attendants.

The remaining scheduled dates for Arbitration are:
•    December 4, 2014
•    December 6-7, 2014
•    December 22-23, 2014
•    December 29-30, 2014 

FACT:  Arbitration has three (3) parameters which must be met by the arbitrators per the Negotiations Protocol Agreement (NPA). 

• must be equal to “market-based” in the aggregate
• as applied to LAA Flight Attendants, have a total economic value greater than the CLA
• as applied to LUS Flight Attendants, have a total economic value greater than the “red book”

FACT: Per the NPA, the Arbitration Panel includes three neutral arbitrators, Richard Bloch, Joshua Javits, and Roberta Golick. In addition, there will be two union panel members and two company panel members in determining the joint contract.  It is expected the arbitration award shall be issued no later than 30 days after the first day of the hearing.

FACT:  Conditional Labor Agreement (CLA) and the Negotiations Protocol Agreement (NPA) FACTs from APFA legal counsel:

1. The CLA is enforceable – the fact that the CLA was negotiated with a non employer does not make it null and void.
2. The CLA did not require membership ratification.
3. The NPA is legally binding – not optional.
4. The APFA Board of Directors cannot rescind or renege on the NPA regardless of the Company’s current position on prefunding match. Under the Railway Labor Act, that dispute has to be handled through the grievance arbitration process; Company’s position on prefunding will likely be decided in a separate arbitration. APFA has no legal right to renege on the NPA based on that dispute.
5. The Arbitrators’ Joint Collective Bargaining Agreement award will be binding and valid.

To read more in regards to the above opinion from the APFA legal counsel please go to https://www.www.apfa.org/images/memorandum.pdf

AmericanAirlines + US Airways 
“On Our Way”

Kelli Harrington, LAX-I
FACT Rep Coordinator