The
following is some background information in regards to the recent
seniority
Integration Arbitration, the decision itself and some questions and
answers. This is just the first attempt
to the questions and answers generated by this arbitrator’s decision.
Transport Workers
To:
All Local Presidents 501-590
Seniority Integration
Arbitration decision for Fleet
Service/Maintenance/Stores/Simulator Technicians
Background
Single Carrier Update
In December 2001,
the TWU petitioned
the NMB (National Mediation Board) to declare "single carrier" status
at AA and TWA LLC. On
Seniority
Arbitration Decision Update
On January 17,
the IAM and the TWU
informed American that they had agreed to enter into binding arbitration
regarding the seniority integration of their respective members. This
arbitration took place in
Arbitration Decision
– Seniority Integration
Richard Kasher Esq,
the arbitrator, has decided the following for the integration of the
seniority
lists of the TWA LLC Mechanic and related employees into the respective
AA/TWU
employee groups:
1.
STL/MCI
stationed
employees (all classifications):
·
Will
retain TWA LLC
job (Occupational) seniority so long as the employee remains at the
station and
in the classification;
·
If
employee relocates
to another station outside STL/MCI due to a transfer or reduction in
force,
employee will have a
·
AA
employees at STL
will be blended in Occupational seniority based on their AA Occupational
Seniority with the TWA LLC employees within the appropriate
classification.
·
MCI
includes the
overhaul base only. MCI terminal will be viewed as a separate station
outside
of the MCI overhaul base(See below).
Arbitrator’s
rationale:
·
The
arbitrator was
guided by his obligation per Section 3 and 13 of the Allegheny-Mohawk
labor
protective provisions (which were incorporated into the TWU/AA contract)
to
treat TWA employees in a fair and equitable manner.
He also was required to do this in a way,
which did not adversely impact the rates of pay, hours, and working
conditions
of American Airlines employees. At STL
and MCI, there were very limited American Airlines operations prior to
the
acquisition of TWA. TWA, however, had
extensive operations which the IAM helped preserve.
The arbitrator felt these factors gave ex-TWA
employees substantial equity in and the right to exercise seniority for
positions in these locations.
2.
For
stations outside
STL/MCI:
·
A
Example:
City ABC:
TWA LLC:
ASMs
as of
AA:
ASMs as
of
Total TWA
LLC/AA:
ASMS as of
Formula =
50,000/600,000 = 8.3%
Arbitrator’s rationale:
·
As
stated above, in
looking at the contributions in terms of assets, network and/or jobs,
Mr.
Kasher decided to use an ASM ratio approach for the out stations. He decided on a 10% threshold since, in his
opinion, TWA LLC’s contributions below that
level was
deminimis and therefore awarded a
·
The
Company is in the process of determining which stations fall below or
above the 10% threshold and will publish this list as soon as the
analysis is
complete. However, the arbitrator made clear that only
·
At
stations above the
10% threshold, TWA LLC employees will retain 25% of their TWA LLC
seniority so
long as certain conditions are met:
·
At
each location,
this seniority credit will apply to TWA LLC employees stationed at that
location once all AA employees on layoff status with recall rights and
who
retain recall rights to an AA classification and status at that location
have
been offered recall to the status and classification at that location
they had
been laid off from as of the date of this decision. Recall
of AA employees is not mandated by this award. Recall
of AA employees will be determined by
operational and staffing requirements for that location.
·
Upon
satisfaction of
1. above, the TWA LLC employees with recall
rights to
the location will be recalled to fill vacancies within that
classification
based on their TWA LLC seniority.
Example:
Station DEF: = 25%
Ø
All
AA employees have
been recalled to status and classification at the station
Ø
AA
has 10 vacancies
at station DEF
Ø
TWA
LLC employees
with recall rights will be proffered the vacancies based on their full
TWA LLC seniority
order
After all jobs have been
filled through 1. above and additional jobs are vacant, those
jobs will
be proffered to TWA LLC employees and, if accepted, the TWA LLC employee
will
retain 25% of his/her TWA Occupational Seniority within that station for
as
long as he/she remains in the station.
3.
Up
until the time 1. above is satisfied, TWA LLC
employees who are working in
either a FT or PT capacity in a classification held as of the date of
the award
will be provided a
The above ASM calculation does not apply to
the TULE
overhaul base or AFW.
Arbitrator’s
rationale:
·
As
stated above, in
looking at the contributions in terms of assets, network and/or jobs,
Mr.
Kasher decided to use an ASM ratio approach for the out stations at
which the
threshold was met. This approach is used
to establish the level of jobs TWA LLC employees brought to the combined
carrier. In theory, the additional jobs would not have been available to
AA
employees had it not been for the TWA acquisition. He decided on a 10%
threshold since, in his opinion, TWA LLC’s
contributions above that were significant and deserved consideration for
seniority. However, this seniority recognition is conditioned on the
recall of
AA employees, since it would adversely impact an AA employee on the
master
seniority list if it was imposed prior to the recall of AA employees.
The 25%
(twenty-five percent) credit of TWA LLC seniority is based upon the
arbitrator’s finding that as of April, 2001, TWA ASMs represented 21%
(twenty-one percent) of American Airline’s total ASMs.
The arbitrator also factored in an additional
4% credit in view of the additional job opportunities provided to
American
Airline’s employees by the “synergies” or additional operations created
by the
AA/TWA combination.
Following are answers
to a few specific questions your employees may have:
FLEET SERVICE CLERKS
– TWA LLC - General
Q.
What happens now?
A.
Now that the arbitrator has rendered his decision on seniority and the
TWU has
been certified as the bargaining representative for the Fleet Service
employees
at TWA LLC, the stage is set to integrate the two Fleet Service work
groups, AA
and TWA LLC. TWA LLC Fleet Service
employees will officially become AA employees effective with the
integration,
which is expected to be completed by the end of May, 2002.
Q.
Does this mean between the date of the
decision and date of full integration, I am still considered a TWA LLC
employee? Am I represented by the IAM or the TWU? What contract do I
fall
under?
A.
You will remain a TWA LLC employee for this period as it relates to our
information systems. However, for all other purposes you will be
considered an
AA employee represented by the TWU. The
transition within our information systems to show you as an AA employee
will
occur by the end of May 2002. The IAM/TWA LLC agreement was modified
back in
January 2002 to mirror the AA/TWU Fleet Service, with certain
exceptions,
including the seniority Article. Now
that the seniority decision is behind us and the TWU is the bargaining
representative, the AA/TWU agreement applies.
FLEET SERVICE CLERKS
– STL
Q. I am a FSC in STL with 25
years of TWA
LLC seniority, what happens to my Occupational Seniority if I leave STL
and
transfer voluntarily or involuntarily to another AA station as a Fleet
Service
Clerk? If I transfer to MCI?
A.
As long as you remain in STL as a Fleet Service Clerk, you will maintain
your
current TWA LLC seniority for purposes of Occupational seniority under
the
AA/TWU agreement.
If
you were to leave STL, via a transfer or
reduction in force, your Occupational seniority date at that station
will be
4/10/01 or a percentage of your
seniority depending on the location you transfer to and whether all
current AA
employees at that location have been recalled. If you transfer or
through a
reduction in force go to MCI it will be your full TWA LLC seniority.
Q.
Will the AA employees at STL be blended
in Occupational Seniority for bidding shifts, etc. or will they be
placed ahead
of TWA LLC Fleet Service whose Occupational Seniority at AA is junior to
TWA
LLC employees at STL? What happens when AA employees transfer into STL?
A.
AA and TWA LLC employees within a classification will be blended
together in
Occupational seniority with TWA LLC employees retaining their full TWA
LLC
seniority so long as they remain at STL.
This will include AA employees who subsequently transfer into
STL.
Q.
If I am in MSP and have a partial TWA
LLC seniority and subsequently transfer to STL, do I go back to my full
TWA LLC
seniority in STL?
A.
The partial credit for TWA LLC seniority at MSP will require that all AA
employees within your classification and at your station have been
recalled.
Once that is satisfied and you are credited with 25% of your TWA LLC
seniority
and you subsequently transfer to STL, you will receive your full TWA LLC
seniority at STL.
Q.
I am Crew Chief at STL and the decision
says we preserve our TWA LLC seniority,
however, the
way in which my Crew Chief seniority at TWA LLC is determined at AA does
not
comply with the AA/TWU agreement. What
Occupational seniority will I have if I remain a Crew Chief in STL?
A.
The determination of Occupational seniority for Crew Chiefs at TWA LLC
was
based on length of time as a Crew Chief. At AA, it is based on the time
in the
non-Crew Chief classification as well as the Crew Chief.
Therefore, to comply with the AA/TWU
contract, your seniority will be adjusted to reflect your seniority
within the
non-Crew Chief classification and Crew Chief classification.
Example:
TWA LLC Crew Chief
- FSC
TWA LLC FSC Crew Chief
seniority
Non – Crew Chief FSC
seniority
(Basic Job Seniority)
AA Occupational
seniority as a Crew Chief:
FLEET SERVICE CLERKS
– TWA LLC – Other than STL/MCI based
Q.
How will I know my station is one that
exceeds the 10% ASM threshold?
A.
The Company will be computing the ASMs for
each
station where TWA LLC and AA employees are stationed.
Once the analysis is complete we will notify
the TWU and the IAM of the stations that exceed the threshold and then
will
communicate the results to the employees.
We can safely say at this time that LAX/SFO and JFK exceed the
10%
threshold.
Q.
If I am an employee at a station where
it exceeds the 10% threshold, when can I expect to have my 25% seniority
credit?
A. It is hard to
say at this point and
it will vary by location since it is dependent on the recall of AA
employees
with recall rights at that station.
Since recall is based on the operation and the staffing needs of
that
station it will depend on that stations recall list and growth. We know some stations in some classifications
have already recalled all AA employee with
recall
rights. Therefore, as
soon as there are vacancies at those stations former TWA LLC employees,
as they
fill those vacancies, will receive the 25% seniority credit.
AIRCRAFT MAINTENANCE
TECHNICIANS/STOCK CLERKS – TWA LLC - General
Q.
What happens now?
A.
Now that the arbitrator has rendered his decision on seniority and the
TWU has
been certified as the bargaining representative for the Mechanic and
related
employees at TWA LLC, the stage is set to finalize the terms of the
integration
of the two work groups, AA and TWA LLC.
Q.
Does this mean between the date of the
decision and date of full integration, I am still considered a TWA LLC
employee? Am I represented by the IAM or the TWU? What contract do I
fall
under?
A.
You will remain a TWA LLC employee for this period of time as it relates
to our
information systems, however, for all other
purposes
you will be considered an AA employee represented by the TWU. The transition within our information systems
to show you as an AA employee will occur by the end of May 2002. The
IAM/TWA
LLC agreement was modified back in January 2002 to mirror the AA/TWU
Mechanic
and related contract, with certain exceptions, including the seniority
Article. Now that the seniority decision
is behind us and the TWU is the bargaining representative, the AA/TWU
agreement
applies. However, particularly for AMTs
and other classifications, there are issues that arise from falling
under the
AA/TWU agreement that must be resolved with the TWU before the full
integration
of the workforce can be completed.
Q.
Will there be a furlough of TWA LLC employees
as a result of the seniority integration decision?
A.
The need for future furloughs will be determined based on the
operational and
business needs of the Company, not by the seniority award in the
arbitration. Although, seniority
determines who may get laid off as a result of a reduction in force, it
is
business necessity, not relative seniority, which drives the decision to
further reduce the workforce. If there
is a decision to reduce the workforce within Aircraft Maintenance we
will
communicate that decision to the TWU and the employees.
AIRCRAFT MAINTENANCE
TECHNICIANS/STOCK CLERKS – TWA LLC–STL/MCI
Q. I am an AMT in STL or MCI
with 25 years of
TWA LLC seniority, what happens to my Occupational Seniority if I leave
STL
and/or MCI and transfer voluntarily or involuntarily to another AA
station as
an AMT? If it is between the base at MCI or STL?
A.
As long as you remain in STL or the base at MCI as an AMT, you will
maintain
your current TWA LLC seniority for purposes of Occupational Seniority
under the
AA/TWU agreement.
If
you were to leave STL or MCI, via a
transfer or reduction in force, your Occupational seniority date at that
station will be
Q.
I am Crew Chief at STL and the decision
says we preserve our TWA LLC seniority. However, my Crew Chief seniority
at TWA
LLC does not comply with the AA/TWU agreement.
What Occupational Seniority will I have if I remain a Crew Chief
in STL?
A.
The determination of Occupational seniority for Crew Chiefs at TWA LLC
was
based on length of time as a Crew Chief. At AA, it is based on the time
in the
non-Crew Chief classification as well as the Crew Chief.
Therefore, to comply with the AA/TWU
contract, your seniority will be adjusted to reflect your seniority
within the
non-Crew Chief classification and Crew Chief classification.
Example:
TWA LLC Crew Chief
- AMT
TWA LLC AMT Crew Chief
seniority
Non – Crew Chief AMT
seniority (Basic Job Seniority)
AA Occupational
seniority as an AMT Crew Chief:
SIMULATOR TECHNICIANS
- STL
Q.
I am a Simulator Technician at TWA LLC,
what will my seniority be while stationed at STL? When
the simulators relocate to DFW and I
transfer with the work, what will my seniority be at DFW?
A. As
long as you remain in STL you will maintain your current TWA LLC
seniority
for purposes of Occupational
Seniority.
Upon transfer or relocation to GSW (DFW), your seniority date will be
Note: if you have any further questions
E-mail www.TWUAINFO@TWU.ORG.