It Shouldn't Be this Hard to Get a Union Election

Dec. 7, 2011: CWA files for a union election on behalf of passenger service agents at American Airlines. More than 35 percent of agents sign cards expressing their interest in forming a union – exceeding the legal threshold required to trigger an election.

Feb. 14, 2012: Congress reauthorizes the Federal Aviation Administration’s budget, adding a provision that requires 50 percent of workers to show interest in forming a union before an election can be held, up from the 35 percent standard. Senate authors of the legislation make it clear that the change is not retroactive.

April 20, 2012: The National Mediation Board sets a union election for May 17 and orders American to provide mailing addresses for all eligible voters.

April 23, 2012: American petitions the NMB to reconsider its decision to call an election.

April 26, 2012: American fails to provide the required mailing list and asks for an extension to May 2.

May 2, 2012: American again fails to provide the mailing addresses. Instead the airline files a lawsuit against the NMB, wrongly asserting that the new federal law requires the NMB to first determine that 50 percent of employees want an election.

June 6, 2012: NMB orders the election to be held using the mailing labels provided by CWA and election is scheduled for June 21 – Aug. 2.

June 11, 2012: American Airlines files a motion in the US District Court to stop the election on the discredited claim that the law should be applied retroactively.

June 13, 2012: Judge Terry Means grants American Airlines' request for a temporary restraining order, halting the election. A week later, he finds that the 50 percent showing of interest should apply retroactively, despite clear congressional intent.

July 10, 2012: The Justice Department appeals Means’s ruling to the Fifth Circuit Court of Appeals, stating that the new 50 percent standard should not apply.

July 19, 2012: American begins notifying hundreds of employees of layoffs over the next few months – the next day it reports $6.5 billion in quarterly revenue, the highest in company history.

July 23, 2012: 121 Members of Congress write to the CEO of American’s parent company, telling him to let the election proceed.

Aug. 24, 2012: American begins nationwide cuts to pay and benefits.

Oct. 3, 2012: A three-judge panel rejects the company’s case and calls on the NMB to set a new election date.

Oct. 29, 2012: American issues second round of layoff notices to employees nationwide.

Oct. 30, 2012: The full Fifth Circuit Court of Appeals unanimously rejects American’s request to rehear the case and further delay the election.

Oct. 31, 2012: American announces to employees that it will appeal to the US Supreme Court!

Nov. 1, 2012: The NMB sets election dates. Agents are schedule to vote Dec. 4 – Jan. 15.

Nov. 27, 2012: Supreme Court Justice Antonio Scalia denies American’s petition for review without comment.

Dec. 4, 2012: NMB mails voting instructions to nearly 9,700 agents. The election is on!