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CWA Calls for New Election at American; Filing Cites Interference, Harassment of Supporters
Coercion, intimidation of CWA supporters and "virulent anti-union propaganda" were just some of the illegal tactics American Airlines used to counter the drive by agents to win CWA representation. CWA has outlined objections to management's actions to the National Mediation Board. The NMB now is reviewing the evidence and will determine what penalties should be assessed.
American Airlines ran an aggressive, anti-union campaign, orchestrated by one of the nation's leading union-busting law firms. Despite harassment and hostility, union supporters are continuing to fight for representation and for a seat at the bargaining table with the other major employee groups.
"For more than year, we've worked hard to build a strong nationwide organization and to demonstrate to our co-workers that we can win the respect we deserve from our employer. As agents, and the only non-union group at AA, we know the only way we'll get that respect is through representation. We came closer this time than ever before, and I know that with CWA, we'll reach our goal," said Richard Shaughnessy, a Miami agent.
The Dec. 15 vote count showed that about 41 percent of the agents, or nearly 5,800 employees, voted for union representation. But under the Railway Labor Act - the law covering workers in airlines, railroads and other transportation industries - more than a majority of the workers in the unit must vote in order for the election to be valid; anyone not returning a ballot - for any reason - is counted as a "no" vote. Unlike the labor law governing most private sector workers, union supporters aren't able to freely communicate with workers and don't have access to home addresses.
"AA management violated the Board's rules by launching a fierce and systematic campaign designed to thwart its employees' organization efforts," CWA told the NMB, citing several serious violations of labor law. These included surveillance and harassment of CWA supporters; staging of anti-union events and distribution of anti-union materials while union supporters were denied access and told to remove pro-union materials; and knowing and repeated misrepresentations of fact. AA supervisors and the actors in the company's videotape even recommended that workers "tear their ballots up," an action the NMB objected to in an earlier organizing campaign at US Airways. Among the charges:
Reservations agents who contributed their opinions to the CWA Agent newsletter were interrogated and intimidated by an AA consultant.
Agents who were seen talking with CWA organizers during their breaks or off-duty hours were approached, warned and monitored by supervisors.
AA management told employees it was closely monitoring pro-union employees and that the carrier 'will know who voted for the union.'
Distribution of anti-CWA materials by AA management, and discriminatory enforcement of the "no solicitation" rule.
AA employees are determined to continue their fight for representation, despite falling short this time in the election balloting, union supporters insist. The other major employee groups at American - pilots, flight attendants and fleet service workers - and their unions have enthusiastically backed agents' efforts to win a CWA voice. "We know that agents should have the opportunity to cast their votes in a fair election and we'll be with them all the way," said Larry Cohen, CWA executive vice president and organizing director.
"AA employees would have won their seat at the bargaining table under the labor laws that govern most private industry workers," Cohen said, adding, "the RLA requires a standard for election that, if used in our national political elections, would mean that very few officials, including our President, could be voted into office."
American Airlines ran an aggressive, anti-union campaign, orchestrated by one of the nation's leading union-busting law firms. Despite harassment and hostility, union supporters are continuing to fight for representation and for a seat at the bargaining table with the other major employee groups.
"For more than year, we've worked hard to build a strong nationwide organization and to demonstrate to our co-workers that we can win the respect we deserve from our employer. As agents, and the only non-union group at AA, we know the only way we'll get that respect is through representation. We came closer this time than ever before, and I know that with CWA, we'll reach our goal," said Richard Shaughnessy, a Miami agent.
The Dec. 15 vote count showed that about 41 percent of the agents, or nearly 5,800 employees, voted for union representation. But under the Railway Labor Act - the law covering workers in airlines, railroads and other transportation industries - more than a majority of the workers in the unit must vote in order for the election to be valid; anyone not returning a ballot - for any reason - is counted as a "no" vote. Unlike the labor law governing most private sector workers, union supporters aren't able to freely communicate with workers and don't have access to home addresses.
"AA management violated the Board's rules by launching a fierce and systematic campaign designed to thwart its employees' organization efforts," CWA told the NMB, citing several serious violations of labor law. These included surveillance and harassment of CWA supporters; staging of anti-union events and distribution of anti-union materials while union supporters were denied access and told to remove pro-union materials; and knowing and repeated misrepresentations of fact. AA supervisors and the actors in the company's videotape even recommended that workers "tear their ballots up," an action the NMB objected to in an earlier organizing campaign at US Airways. Among the charges:
AA employees are determined to continue their fight for representation, despite falling short this time in the election balloting, union supporters insist. The other major employee groups at American - pilots, flight attendants and fleet service workers - and their unions have enthusiastically backed agents' efforts to win a CWA voice. "We know that agents should have the opportunity to cast their votes in a fair election and we'll be with them all the way," said Larry Cohen, CWA executive vice president and organizing director.
"AA employees would have won their seat at the bargaining table under the labor laws that govern most private industry workers," Cohen said, adding, "the RLA requires a standard for election that, if used in our national political elections, would mean that very few officials, including our President, could be voted into office."