Suit Charges Delta with Unlawful Interference with Election Rights

AFA-CWA filed a federal lawsuit against Delta Air Lines to block the company from unilaterally using a management seniority integration process as a wedge issue to divide Delta and Northwest flight attendants and undermine the union before employees of the newly combined airline can vote on union representation.

Northwest flight attendants already are unionized and Delta flight attendants are organizing with AFA-CWA in anticipation of an election next year to determine union representation for the entire merged workforce.

The AFA-CWA suit notes that Delta hasn't yet received "single carrier" certification for the merged airline, and the union hasn't yet filed an application with the National Mediation Board (NMB) for a single carrier determination, which would trigger a representation election.  The NMB oversees labor relations in the airline industry.

Once that determination is made, "AFA-CWA will file for an election that will give all 21,000 flight attendants the opportunity to elect AFA-CWA as their collective bargaining agent.  If AFA-CWA is elected, then the union's 'date of hire' seniority procedures shall prevail, ensuring all flight attendants their current bidding seniority," the union stated.

AFA-CWA called the immediate merging of seniority lists – a process Delta wants to begin in early December -- a premature action that "constitutes unlawful interference with and influence over the choice of its employees' bargaining representative."