BY: MITCHELL A. VASIN, ESQ.

Slides:



Advertisements
Similar presentations
{ P.A. 349 Right to Work What does the new law mean for Michigans community colleges? February 22, 2013 Luke Pickelman, for the Michigan Community College.
Advertisements

Duty of Fair Representation Duty of Fair Representation - MB Labour Relations Act s. 20 Every bargaining agent which is a party to a collective agreement,
Human Resource Management TENTH EDITON © 2003 Southwestern College Publishing. All rights reserved. PowerPoint Presentation by Charlie Cook Union-Management.
AFGE Education and Leadership Development Legal Rights of Union Reps  Fed’l Sector Labor Mgt Relations Act (FSLMRA)  “Weingarten Rights”  Mid-term.
Working with Organized Labor 15. Challenges Why do employees join unions? What agencies and laws regulate labor practices? What is union organizing, collective.
Chapter 10 Labor Relations and Collective Bargaining
The Information Contained Throughout This Report is Confidential and Proprietary THE VALUE OF BLUE. SM DELIVERING THE BEST LOCAL HEALTH PLANS NATIONWIDE.
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part.16–1.
Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.
HFT 2220 Chapter 14 Unions. Federal Labor Laws Regarding Unions Clayton Act (1914) Clayton Act (1914) Norris-Laguardia Act (1932) Norris-Laguardia Act.
COPYRIGHT © 2011 South-Western/Cengage Learning. 1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears,
1 EFCA Employee Free Choice Act Prepared by H. Jacey Kaps & Brooke Guenot.
1 The Supervisor's Role in Labor Relations What is Labor Relations? All activities within a company that involve dealing with a union and its members.
Labor Relations 1.
1 Relationship between collective agreement/arbitration and law.
1 CWA v. Beck Issue –Today we must decide whether (Section 8(a)(3)) permits a union over the objections of dues-paying nonmember employees, to expend funds.
CHAPTER SEVENTEEN Labor Law McGraw-Hill/Irwin © 2004 The McGraw-Hill Companies, Inc., All Rights Reserved  Section 7 of the National Labor Relations.
15-1 Copyright ©2010 Pearson Education, Inc. publishing as Prentice Hall Working with Organized Labor Chapter 15.
1 CWA v. Beck Issue –Today we must decide whether (Section 8(a)(3)) permits a union over the objections of dues-paying nonmember employees, to expend funds.
Labor Relations OS352 HRM Fisher April 13, Agenda History of unions Basic union concepts and laws Organizing process Bargaining and contract administration.
Labor Relations OS352 HRM Fisher Nov. 18, Agenda Hand out final essay questions History of unions Basic union concepts and laws Organizing process.
R OBERT L. M ATHIS J OHN H. J ACKSON PowerPoint Presentation by Charlie Cook The University of West Alabama Copyright © 2005 Thomson Business & Professional.
Unions Chapter 22. HOW DO STATE AND FEDERAL GOVERNMENTS REGULATE EMPLOYMENT? w The U.S. Constitution gives the federal government certain powers and reserves.
Teachers and The Law 7 th Chapter 4 How Does Collective Bargaining Affect Me ? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D.
Courtesy Ashgate Publishing | Foundations of Aviation Law Michael W. Pearson and Daniel S. Riley © (paperback)
Chapter 15 Labor Law McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 32 Labor Law.
Negotiating and Accessing Collective Bargaining Agreements in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of.
Union Unfair Labor Practices The Federal Service Labor-Management Relations Statute.
Labor Unions. Ideals Underlying Unions n Getting greater return for those who actually produce goods and services n Reduce the inequality of the distribution.
Chapter 21.  American Federation of Labor  Formed in 1886  Only skilled craft workers such as silversmiths and artisans were allowed to belong  Congress.
Labor-Management Relations l Federal legislation re: labor-management power »labor unions l Labor policies and legislation »wages and income maintenance.
Labor-Management Relations l Federal legislation re: labor-management power »labor unions l Labor policies and legislation »wages and income maintenance.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 39 Regulation of Employment Twomey Jennings Anderson’s Business.
Labor Law and Collective Bargaining Chapter 11. Copyright © 2007 Thomson Delmar Learning Objectives Define –Collective bargaining –Bargaining in good.
Chapter 40 Regulation of Employment Twomey, Business Law and the Regulatory Environment (14th Ed.)
Legal Environment for a New Century. Click your mouse anywhere on the screen when you are ready to advance the text within each slide. After the starburst.
Labor Relations and the Railway Labor Act CHAPTER 20.
Employment Law for BUSINESS sixth edition
Registration and Certification of Unions in Canada Presentation at the Government-to-Government Session and Seminar for an Exchange of Information on Topics.
Essentials Of Business Law Chapter 28 Employment Law McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
© 2004 West Legal Studies in Business, a Division of Thomson Learning 17.1 Chapter 17 Federal Labor Law: Unionization and Collective Bargaining.
© 2001 by Prentice Hall 15-1 Why Do Employees Join Unions?  Employees in the United States seek union representation when they: u are dissatisfied with.
Labor Unions. Labor Union A labor union is an organized group of workers whose aim is to improve working conditions, hours, wages and fringe benefits.
Copyright ©2012 Pearson Education, Inc. publishing as Prentice Hall Working with Organized Labor Chapter
Law Enforcement Organization and Administration Chapter 15.
Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman,
Enhancing Union-Management Relations
Unions and Management: Key Participants in the Labor Relations Process
MGT 430 – 2015 Class 18 - Chapter 14 Collective Bargaining.
Labor-Management Relations
What Is Employment? Compare employee with agent and independent contractor Differences: Control test - Degree of control exercised over an employee is.
30.1 b a c kn e x t h o m e Chapter 30 Objectives  Discuss the objectives and coverage of the Fair Labor Standards Act.  State the five major provisions.
©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 23: Labor Law.
Chapter 32 Labor Law and Collective Bargaining The right of workers to form, join, and assist labor unions is a statutorily protected right in.
UNIONS.  1. There are state and federal employment laws and each have certain powers towards employment.  2. State and Federal Labor laws exist in harmony,
AIRLINE LABOR LAW BY: MITCHELL A. VASIN, ESQ.. ABOUT YOUR PRESENTER AVIATION EXPERIENCE Started taking flying lessons in high school (1990) BS Aeronautical.
Unions and Labor Management
BY: MITCHELL A. VASIN, ESQ.
Unions and Labor Management
Mason County School District
Chapter 42 Labor Relations Law
CHAPTER 17 Labor Law Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle.
Nature of Unions Union Why Employees Unionize
BY: MITCHELL A. VASIN, ESQ.
Chapter 23 Unions and the Employment Relationship
Labor Relation Done By :- Ahmad “Haj Ali” Raed Sukkar Murad Abu Salma Rashed Bsharat.
UNFAIR LABOUR PRACTICE COMPLAINTS
Chapter 13: Employee and Labor Relations
Presentation transcript:

BY: MITCHELL A. VASIN, ESQ. AIRLINE LABOR LAW BY: MITCHELL A. VASIN, ESQ.

PRESENTATION OVERVIEW RAILWAY LABOR ACT Why does it exist? What is the purpose? LABOR UNIONS UNDER THE RLA Purpose and function of a union Laws affecting union membership AIRLINE MERGERS Legal issues for organized labor Seniority integration Case study: the US Airways / American Airlines merger

ABOUT YOUR PRESENTER AVIATION EXPERIENCE LABOR UNION EXPERIENCE Started taking flying lessons in high school (1990) BS Aeronautical Science 1996 ERAU Prescott Airline Transport Pilot, type rated in ATR42/72, B737, A320 series 18 years in the airline industry, 11 years at America West / US Airways / American Airlines Over 12,000 hours of flight time LABOR UNION EXPERIENCE Over 15 years experience Union officer Contract enforcement (grievance / arbitration) Legal campaign organizer & participant LEGAL EXPERIENCE Juris Doctor 2013 Arizona Summit Law School Arizona Supreme Court extern Fisher & Phillips LLP (national labor and employment law firm) Vasin Law Office PLLC: family law practice focusing on airline employees

THE RAILWAY LABOR ACT

THE RAILWAY LABOR ACT A century ago, the railroads were the country’s lifeblood. The state of employment law at the time resulted in numerous disruptions to railroad service. Subject to varying state laws Carriers regularly interfered with union organizing Expiring contracts No streamlined dispute resolution Congress, with support of both airline labor and management, responded by passing a comprehensive set of statutes designed to promote labor peace and minimize disruption of rail service.

THE RAILWAY LABOR ACT www.nmb.gov

THE RAILWAY LABOR ACT GENERAL PURPOSES OF THE R.L.A. Prevent interruptions to carrier service; Contracts do not expire No strikes or lockouts unless NMB authorizes otherwise Freedom to form and join unions; Carriers cannot interfere with union affairs NMB designates the unions Prompt and orderly settlement of contract negotiations; NMB - mediation services Limitations on right to strike Prompt and orderly settlement of contract disputes. Federal courts generally do not have jurisdiction over labor disputes

LABOR UNIONS UNDER THE RLA

LABOR UNIONS UNDER THE RLA PURPOSE AND FUNCTIONS: Exclusive bargaining agent on behalf of the entire work group (craft / class). The exclusive party to all collective bargaining agreements Subject to its political structure, and its own internal policies and procedures.

LABOR UNIONS UNDER THE RLA A NON-UNION AIRLINE

LABOR UNIONS UNDER THE RLA A UNIONIZED AIRLINE

LABOR UNIONS UNDER THE RLA UNION MEMBER RIGHTS Railway Labor Act Union dues Duty of fair representation Landrum-Griffin Act: 29 U.S.C. §§ 401-431 (1959) Protects union participation, elections, and financial management Title VII: 42 U.S.C. 2000e-2(c) et seq. (1964) Prevents discrimination based upon race, color, national origin, etc. Union constitution (common law) Governs the union’s internal workings

LABOR UNIONS UNDER THE RLA UNION MEMBER RIGHTS: Union Dues Union constitution & by-laws Most pilot unions charge a percentage of your gross income Provisions for additional assessments Collective bargaining agreement Agency shop clauses “Beck objectors” Communication Workers of America (“CWA”) v. Beck, 487 U.S. 735 (1988)

LABOR UNIONS UNDER THE RLA UNION MEMBER RIGHTS: Duty of Fair Representation (“DFR”) A union has a “duty to exercise fairly the power conferred upon it in behalf of all those for whom it acts, without hostile discrimination against them.” Steele v. Louisville & Nashville R.R., 323 U.S. 192 (1944) A union breaches the duty if its conduct is either arbitrary, discriminatory, or in bad faith. Vaca v. Sipes, 386 U.S. 171 (1967). “Any substantive examination of a union's performance, therefore, must be highly deferential, recognizing the wide latitude that negotiators need for the effective performance of their bargaining responsibilities.” Air Line Pilots Assoc. v. O’Neill, 499 U.S. 65 (1991).

LABOR UNIONS UNDER THE RLA LANDRUM-GRIFFIN ACT OF 1959 Also known as the Labor Management Reporting and Disclosure Act or “LMRDA” Passed in the wake of two high profile union corruption scandals Main tenets: Union Member Bill Of Rights (Title I) Government oversight of union elections and finances Department of Labor Office of Labor Management Standards (“DOL-OLMS”) Enforcement authority of union members by civil lawsuit Civil and criminal sanctions for union officers who violate the LMRDA

LABOR UNIONS UNDER THE RLA UNION CONSTITUTION (RLA, LMRDA, common law) Details political structure and membership rights Other rights exist under federal law that supersede the constitution Serves as a contract between each member and the union Nonmembers are not subject to the constitution Union afforded a tremendous amount of latitude in interpreting its own constitution

LABOR UNIONS UNDER THE RLA UNION POLITICAL STRUCTURE

LABOR UNIONS UNDER THE RLA UNION MEMBER NONMEMBER FINANCIAL OBLIGATION YES (Dues and assessments per union constitution) (Agency fee / germane expenses) SUBJECT TO COLLECTIVE BARGAINING AGREEMENT SUBJECT TO UNION CONSTITUTION NO PROTECTED BY DUTY OF FAIR REPRESENTATION RIGHT TO VOTE FOR REPRESENTATIVES & CONTRACT RIGHT TO VOTE FOR A NEW UNION

AIRLINE MERGERS

AIRLINE MERGERS LAWS AFFECTING LABOR Railway Labor Act Collective bargaining: combined collective bargaining agreement NMB: single carrier / change of bargaining agent Seniority Integration McCaskill-Bond statute: 49 U.S.C. 42112 (2007) Bankruptcy Code Rejection of Collective Bargaining Agreements : 11 U.S.C. 1113 (1984)

AIRLINE MERGERS THE SENIORITY SYSTEM Seniority is a CBA provision, generally governing: Advancement / furlough Monthly schedules Annual vacation dates Standby travel priority Other provisions

AIRLINE MERGERS SENIORITY INTEGRATION

AIRLINE MERGERS HISTORY OF SENIORITY INTEGRATION Civil Aeronautics Board (1938) Developed and required a seniority integration process, known as Allegheny- Mohawk LPPs §§ 3, 13 Deregulation (1978) Seniority integration fell back into the collective bargaining process under the Railway Labor Act – a “free for all” McCaskill-Bond statute (2007) In response to American Airlines’ acquisition of TWA; too many lopsided integrations

AIRLINE MERGERS 2013 AMERICAN AIRLINES / US AIRWAYS MERGER November 29, 2011 American Airlines files for Chapter 11 bankruptcy March 2012 American Airlines announces plans to terminate CBAs via 1113(c) April 20, 2012 American Airlines unions announce CLA with US Airways management, begins CBA negotiations August 8, 2012 AA pilots reject tentative agreement August 16, 2012 Bankruptcy court rejects American Airlines’ 1113(c) motion. December 7, 2012 AA pilots ratify tentative agreement thereby avoiding 1113(c) motion February 8, 2013 US Airways pilots ratify CLA

AIRLINE MERGERS 2013 AMERICAN AIRLINES / US AIRWAYS MERGER February 14, 2013 Merger officially announced August 12, 2013 Department of Justice and 5 states sue to block merger (Sherman Act of 1890) November 12, 2013 DOJ and AA settle lawsuit, greenlighting the merger December 5, 2013 US Airways / American Airlines merger officially consummates

AIRLINE MERGERS 2013 AMERICAN AIRLINES / US AIRWAYS MERGER January 14, 2014 Allied Pilots Association (“APA”) files single carrier petition with the National Mediation Board (“NMB”) March 4, 2014 US Airline Pilots Association (“USAPA”) files lawsuit against APA alleging violation of McCaskill-Bond statute September 4, 2014 USAPA and APA reach agreement regarding seniority integration protocol; settle lawsuit September 16, 2014 APA certified as the bargaining agent for all American Airlines pilots Negotiations for a Joint Collective Bargaining Agreement (“JCBA”) commence January 30, 2015 JCBA ratified June – October 2015 Seniority integration arbitration hearings

QUESTIONS????