Transport
Workers
Air Transport Division
To: All Local AA Local Presidents 501-590, Members
Dear Sisters and Brothers,
Below are responses to the questions raised by Locals, employees or management regarding the IAM/TWU seniority integration and its application. Since the Company and the TWU have reviewed these responses, they can be distributed. The Company will distribute to operating management. As further questions are raised that are not specifically addressed in this letter, we will continue to work together to provide an appropriate response.
TWA SENIORITY INTEGRATION
Q&A
1. What happens when there is a layoff? Does a former TWA LLC employee get their seniority during a layoff?
2. If there is a layoff in the AA system and there is nothing but protected AA employees in the system, do the AA employees bump around the system or do they go directly to the unprotected TWA/LLC employees and bump them even though they are senior?
A. During a
3.
Will former TWA/LLC employee’s Company seniority be adjusted to reflect
A. Yes. The Company has already made the adjustments to company seniority.
4. Do the AA employees with recall rights have to be recalled before any former TWA LLC employee can exercise his/her 25% seniority?
A. Yes. On page 54 of the arbitrator’s award, he states that former TWA LLC employees will receive the 25% credit, once all AA employees within a classification and at a station have been recalled. This includes recall to FT and PT.
5. We have adopted a policy of re-hiring AA employees who were furloughed due to 9/11, but had no recall rights, are we going to continue with this until all of them are re-hired prior to re-calling former TWA LLC employees?
6. How will a Reduction in force (bump and roll) work as far as the seniority of the TWA LLC seniority holding members? Which seniority will they use?
A. The RIF will be conducted in accordance with Article 15 of the AA/TWU agreement and factoring in the arbitrator’s decision since Occupational seniority is used in determining an employee’s options.
7.
Will there be any protection to AA employees from a
A. AA employees on payroll as of
8. Did former TWA LLC employees accrue Occupational seniority while on layoff? Company seniority?
A. Occupational seniority accrues while layoff in accordance with Article 16 of the AA/TWU agreement. This applies to the former TWA LLC employees. Company seniority does not accrue while on layoff and this is applicable to former TWA LLC employees as well.
9. AA employees who were laid off lost seniority while on the street. Will former TWA LLC employees be affected the same way?
A. Yes. The accrual and retention of Occupational seniority on layoff is governed by Article 16 of the AA/TWU labor agreement. If seniority does not accrue per the agreement, then seniority is adjusted to reflect the time off, it is not lost. This Article applies to former TWA LLC employees. Company seniority was adjusted for time off payroll due to a layoff.
10. If work is moved from AFW to MCI or DFW to STL, do AA employees get to bump into those areas since they are not system protected?
A. If work is moved from one base to another and it triggers a need to reduce the workforce, those affected will be issued notices that will include options in accordance with Article 15. Where the work goes may or may not be a junior station, may or may not have vacancies, so there is no guarantee that the employees will follow the work.
11. Do employees that do not have system job protection now have job protection and will not be displaced?
A. No, only those employees covered by the criteria
outlined in Article 42 of the AA/TWU agreement have system job protection as of
12. If I have a FSC in San Antonio who is currently Part-Time with 10 years of seniority, and a former TWA LLC Fleet Sevice Clerk with an adjusted seniority of 3 years who is full-time, would the Part-Timer be entitled to the Full-Time position?
A. There is no “System Flush” under the Award. The arbitrator made it clear that TWA LLC brought jobs and opportunities with it to the AA acquisition and therefore decided that upon integration, AA employees with recall to FT would not displace a TWA LLC employees despite having a more senior Occupational date.
13. When Mr. Kasher refers to “system flush”, is he talking about current AA employees (not former TWA LLC) as far as displacement is concerned?
A. All former TWA LLC and current AA employees on active payroll.
14. Will former TWA LLC employees be afforded system protection under the AA/TWU labor agreement?
A. No. Article 42 (Job Security) was negotiated and agreed
to by the Company based on the number of AA employees who were on payroll or an
approved leave of absence as of 3/1/01. Former TWA LLC employees do not
meet the basic criteria since they were NOT AA employees on active payroll or
an approved leave of absence as of
15. Does every AA employee now have station and system protection, so that one year from now, 5 years from now, a former TWA LLC employee coming in with this acquisition cannot bump us out?
A. Those on payroll on
16. If there is a layoff at STL, what seniority do the former TWA LLC employees get to use for bumping purposes?
17. Do the employees getting laid off at STL get some seniority to bump into a city/station that former TWA LLC were accredited 25% to go into that city?
18. Can a STL employee transfer into NY and get his/her 25% seniority there?
A. Yes, if the conditions of recalling all AA employees in that particular classification has been satisfied and former TWA LLC employees with recall to JFK/LGA have been satisfied.
19. How will the system bids be done for MCI and STL and what seniority will be used?
A. System bids (such as Crew Chief bids, vacancies) at STL and MCI will be awarded in Occupational seniority order for those who put in a bid. Since it involves a station where former TWA LLC employees were provided full TWA LLC seniority, those former TWA LLC employees who put in for the bid will use their full TWA LLC seniority for purposes of competing against all others who put in for the bid. AA employees may put in a bid and will use their AA Occupational seniority to compete for the vacancy.
20. By what seniority will all other system seniority bids be accomplished?
A. Occupational seniority. The arbitrator’s award does not modify the AA/TWU labor agreement.
21. If some of the former TWA/LLC employees go to STL or MCI, does their seniority go back to what they originally had?
A. Yes. They will receive their full TWA LLC seniority while working in STL or MCI.
22.
What if a former TWA LLC employee transfers from
23. How about the reverse, I transfer to STL do I still have my TWA LLC seniority and fall in where I should?
24. Also, what if a former TWA LLC employee from MSP (who might have 25%) goes to STL, do they go to 100% seniority?
25.
If a formerTWA LLC employee transfers to AFW, would
he/she have a
A. Any former TWA LLC employee who transfers or
relocates to work at AFW will be provided a
26. We understand that former TWA LLC employees will enjoy what’s been termed by the arbitrator as “TWA seniority” at MCI, STL. How is their seniority adjusted if they leave either of those stations?
A. Down to 25% or
27. If a former TWA LLC employee at a line station transfers into STL/MCI, does he/she go back to his full seniority?
30. Who will be in charge of monitoring the TWA LLC seniority for initial merging and future transfers?
A. We will establish a local committee and work closely with the Company to ensure the seniority dates are correct and administered properly under the award and the AA/TWU agreement.
31. If the ASM’s at a class 2 city (IAH, AUS, DEN) exceeds 10% and TWA LLC Aircraft Maintenance personnel were never staffed there, if there are openings, do TWA-LLC employees get to transfer in and at what seniority and if so will they receive the 25% seniority adjustment?
A. On page 54 of the arbitrator’s award he grants the
25% credit to those locations where TWA LLC employees hold recall rights.
If a station identified to be above 10% had never been staffed with TWA LLC
employees, then there cannot be TWA LLC employees with recall rights, so the
25% would not be applicable. They would receive
32. Will the MCO people receive the 25% and will the station be open for transfers?
A. Yes, and the station will be open for transfers if additional manning is required
33. Is it correct to say the only way there will be a former TWA LLC employee brought back is when there is an opening? If a TWA LLC employee is recalled from layoff, how will their rate of pay be determined?
A. Yes. Once all AA employees with recall rights have been recalled, then subsequent vacancies will be proffered to former TWA LLC employees with recall rights.
The former TWA LLC employee recalled will be paid in
accordance with their “Pay seniority” date at TWA LLC and adjusted if necessary
to comply with the AA/TWU agreement. This is the same application used
for active TWA LLC employees for AA pay rates that were imposed by the Company
effective
34. I am an auto mechanic currently laid off at STL (TWA LLC) and I would like to get back to work ASAP. How soon will bids be accepted to get former TWA LLC employees back to JFK and LAX as TWU employees?
A. The Company is working on the manning requirements. Former TWA LLC employees will have recall rights as they did with TWA LLC. So if you are an auto mechanic in STL with recall to auto mechanic at LAX, you will be proffered your recall to LAX when the manning at LAX dictates the need.
35. I am one of the 65 from LAX that are still out in the street. When do you see us being called back? And if my hire date is 1/01, will I be protected?
A. AA is currently reviewing manning levels and if it
drives the need for additional staffing you will recalled in seniority
order. If you were on payroll or an approved leave of absence as of
36. I am currently on furlough from TWA LLC as an A&P in STL, now that the seniority issue is resolved, will I be recalled?
37. I have recall rights to AA? If so, have you heard how soon or long this might take?
A. Recall is based on the operational and staffing needs of the Company at a particular location. It is hard to say at this time how long that may take. .
38. When did TWA LLC seniority stop and AA seniority start, is this April 10, 2001?
A. TWA LLC seniority did not technically stop, the arbitrator made a determination of granting seniority at AA based on an ASM formula. See page 56 of the arbitrator’s award.
39. Who is on the Dispute Resolution Committee and what issues do you anticipate coming before the panel?
A. The Committee consists of a representative from AA, the IAM, the TWU, and a neutral arbitrator. Issues that cannot be resolved by the award will go before the Committee.
40. In the award, it separates the MCI terminal from the base. Will this include Aircraft Maintenance in that separation so AMTs at the line will not be given their full seniority and if not, why wouldn’t’ they get the 25% ratio at MCI terminal?
A. Yes. The arbitrator identified the MCI overhaul base as a location to receive 100% seniority credit. MCI line and the terminal are covered under the 10% threshold test and are above 10% so they would receive the 25% seniority credit.
41. How are we going to keep track of all the seniority dates?
A. The lists will be modified in order to track the
seniority adjustments. The company’s information system will be modified to
include three fields for Occupational seniority. A field for
42. Does the above include probationary employees?
A. No, probationary employees are not job protected nor considered as employees on the master seniority list until they pass probation.
43. How is the Title Group time being separated for all the TWA LLC employees and how do we intend to verify that it is correct?
A. The Company has been going through the records and has an Employee Relations Rep permanently assigned. We will have the opportunity to review and verify it by a committee of Local Presidents.
44. In the Arbitrator’s award, he talks about the similarities between TWA LLC class and crafts in comparison to AA’s for the seniority issue, but does not distinguish the Automotive/Facility and Aircraft Maintenance difference. What is being done to ensure these lists are correct?
A. See 43. above.
45. With the TWA LLC and AA Maintenance certificates being separate, what will be the process to fold the former TWA LLC employees in with AA employees?
A. AA is currently coordinating with the FAA in order to transfer certification. When all necessary training and regulatory requirements are satisfied, then AA and former TWA LLC employees will be combined for purposes of local shift selection.
46. For purposes of putting the TWA LLC employees in our Locals, do we need to get an authorization card filled out immediately?
A. Yes, and a Membership Card are required.
47. What about the statement in the award that the TWU believes there are other methods that can be used? Did we say that?
A. It is a typo to be resolved by Mr. Kasher. It should read “TWU believes there are no other methods…..”
48. What is the status with the TWA LLC Aircraft Maintenance Instructors? Are they falling under Mechanic and Related?
A. TWA LLC Aircraft Maintenance Instructors are management employees and therefore are not covered by the arbitrator’s decision.
49. Are Sim Techs in the same class and craft as Mechanic and related and will they fall under the M&R contract?
A. Yes, the NMB determined that the Simulator Technicians fall within the same class and craft as the Mechanic and related employees; however, they have a separate collective bargaining agreement.
50. Is vacation period selection now transferred to Company seniority?
A. Vacation selection has always been and will continue to be by Company seniority.
51. What specific “range of approaches” is referenced in the Arbitrator decision submitted by American Airlines?
A. The Company did not elaborate or submit additional approaches. They suggested there could be alternatives.
52. Where did this come from – “With these facts in mind, it is clear that the TWU recognized its responsibility as a labor organization long involved in transactions that effected the seniority of employees, to provide some credit for TWA LLC service in terms of occupational seniority?”
A. Referring to the TWU presentation of a 4/10/01 (date of purchase) Occ. date instead of date of integration. As you know, by the date of the hearing and the eventual decision 4/10/01 provided at least a year of Occ. Seniority.
53. Is the NMB still deciding the proper class and craft for Instructors?
A. Yes. As soon as we hear from the NMB we will communicate the outcome.
54. Is the “dove tail fence” that is mentioned for STL and MCI forever?
A. The arbitrator did not place a fence around STL or MCI. Movement in and out of those stations will be governed by the AA/TWU labor agreement.
55. Under the ATD Q&A, AMTs and Stock Clerks question 2: “there are issues that arise from falling under the AA/TWU agreement that must be resolved with the TWU before a full integration can be completed.” What specific issues?
A. AMTs and Stock clerks need to be qualified per FARs to perform work on TWA LLC aircraft and or parts. The same is true of AA employees working on TWA LLC aircraft and parts. Therefore, there are training requirements that need to be met before the two work groups can be fully integrated.
56. Will the total number of ASMs be counted in the same way everywhere?
A. Yes. The ASMs calculation was done the same for each station, except the one-station complexes where all the stations within the one station were calculated on an aggregate basis.
57. Will the total number of ASMs be totaled for a one station set then the percentages for each taken for the entire area?
A. Yes. The one-station complexes will be determined by taking the aggregate of all the stations within the one station complex and calculating whether it is above or below the 10%. If it is below, then all the stations within the one station complex will have a 4/10/01 Occ. Date for former TWA LLC employees.
58. MCI Line Fleet Service Clerks are Local 512. Are the line AMTs in MCI Line Local 563?
A. No, the MCI line is staffed and is currently under the base.
59. In the Kasher award under the heading of background facts, Kasher writes that the Fleet Service Helpers are equivalent to the “Aircraft Cleaners.” Does he refer to Title I or Title II Aircraft Cleaners?
A. Title I. Aircraft Cleaners are part of the Title I grouping for Occupational seniority purposes. The Cleaners you are referring to in Title II are Cabin Cleaners. Aircraft Cleaners clean and polish the exterior of the airplane, while Cabin Cleaners clean the interior on certain flights.
60. Kasher references the OSMs and non-licensed AMTs and that they will be treated the same for the purposes of the integration. What does he mean by this?
A. Occupational Seniority will be applied the same. OSMs and AMTs are within Title I and will be integrated into the Title I seniority list.
61. How will ASMs be counted in New York and what is the result of the count?
A. Falls under the one station set combining the ASMs for TWA & AA as of 4/9/01. The calculation determined that the NY one station is above the 10% threshold.
62. There was a conference call where the International answered questions about the integration. We need the document they used to provide those answers.
A. It was sent to the Local Presidents.
63.
Are former TWA LLC employees supposed to brought over to AA as full-time even
though we have 12 AA full-timers in
A. The arbitrator was explicit that there is no “system flush” in stations where TWA has a staffed operation. What you describe in your question preserves the “no flush” requirement.
64. Will you have a “questions and answers” page put on the TWUATD.org website to deal with Kasher decision?
A. The arbitrator did not specifically address Crew Chiefs, he was charged with addressing the seniority integration of the TWA LLC and AA employees. Crew Chiefs at TWA LLC will continue to be Crew Chiefs and provided a seniority date in accordance with the arbitrator’s award. If a station requires fewer Crew Chiefs after combining the AA and TWA LLC Crew Chiefs, then to reduce the number of Crew chiefs must be handled under a Reduction in Force and in accordance with Article 15.
66. At DTW airport there are 17 TWA LLC Fleet Service employees that now have 25% of their seniority. Will they keep full-time status or will those 17 slots be up for bidding based on our seniority?
A. The former TWA LLC employees do not receive the 25% seniority credit until all AA employees within a classification have been recalled. Unless, all the AA Fleet Service Clerks at DTW have been recalled, the TWA LLC employees at DTW will have a 4/10/01 date until the recall is satisfied. Under either circumstance, the Arbitrators decision does not provide for a “System Flush”, so the TWA LLC employees will retain their FT jobs, unless reduced through a reduction in force.
67.
25% seniority effective what date,
68. In the Arbitration award, Kasher makes reference to building cleaners. I guess he was not aware that this classification no longer exists on the TWU side?
69. What stations are going to have 25% seniority, and what stations are going to be classified as April 10th 2001 seniority (based on the ASM formula) for former TWA LLC employees?
71. Does a former TWA LLC employee with 20 years company seniority, but say 4/10/01 occupational seniority, pick over a 10 year AA employee for vacation choices? If so, how does this affect our master seniority list? Does vacation selection not play into “impacting rates of pay, hours or working conditions by “seniority”, as specified in the award letter pg. 23? If an employee is now able to get a vacation selection during the summer, and next year, he will not: does this not affect him?
A. The Award does not deal with Company Seniority. The Company provided all former TWA LLC employees with Company seniority credit for their time at TWA. By providing this credit, former TWA LLC employees will use Company seniority for those benefits under the agreement and under Company policy. Vacation selection under the agreement is selected based on Company seniority, so former TWA LLC employees will be entitled to vacation accrual and selection based on their Company seniority date. The adverse impact language was only applicable to Occupational seniority integration, not Company.
72. Will the vacation weeks for both AA and TWA LLC for 2002 be posted for a combined reselection of vacation?
The arbitrator did not address the issue of Company seniority nor its application under the agreement. The AA/TWU labor agreement is also silent on this issue. This is a topic of what is called “effects” bargaining, meaning the effects of a merger or acquisition raise issues to be discussed between AA and the TWU. At this time, there has not be an understanding reached on this issue. Thus, unless notified otherwise, the vacation weeks as selected by AA and TWA LLC employees remain intact.
73. How did the former TWA LLC employees come into pre-funding at AA? Were they grandfathered, or do they pay to catch up with the 10 years to be eligible for retirement insurance?
A. The Company grandfathered them based on their equivalent time at TWA under their benefit plan. Former TWA LLC employees do pre-fund for retiree medical as AA employees do.
74. Do former TWA LLC employees keep their seniority at the overhaul base (MCI) and not at the line (MCI Line) other than maybe 25%, if they meet the 10 % threshold? Also what about MCO? Will we now have maintenance there and be able to transfer to these new locations?
75. The above ASM calculation does not apply to the TULE overhaul base or AFW. What does apply?
76. Our station has 38 full timer (TWA) employees, the resolution of the arbitrator is going to give them for every 4 years of service one year with us, will those employees be full time or part time?
A. The award does not provide for a “system flush” they would remain in status based on the staffing requirements of that station. The former TWA LLC employees will receive the 25% seniority credit once all AA employees at that location and in a particular classification are recalled.
77. If the Company information determines that TWA LLC is above the 10% threshold in RDU and a TWA-LLC employee transfers from STL to RDU, will he have 25% of his TWA-LLC seniority?
A. RDU was never previously staffed by TWA and therefore former TWA LLC employees would receive 4/10/01.
78. What is the TWU’s right to appeal?
79. When will this award become affected? How will that affect AA employees on probation?
A. The award was effective 4/29/02. The arbitrator there is no “system flush” for the intial integration of the workforces. Probationary employees were not addressed since the “no adverse impact” language does not cover probationary employees.
80. Will AA employees be brought to pay parity with the former TWA LLC employees?
A. The Occupational seniority credit as part of the award does not alter any of the TWA LLC employees pay rates, nor rates of pay for AA employees. Rates of pay are covered by the AA/TWU agreement. The pay rates placed into effect on 1/1/02 by AA was based on the TWA LLC employee’s pay seniority date at TWA LLC. The arbitrator only addressed Occupational seniority.
81. Is the dispute resolution mediation or arbitration?
82. When will we receive a copy of the TWA-IAM recall list for NYC?
83. When will the system seniority list for the incoming TWA LLC workforce be complete?
A. ASAP. The Company will need to make the necessary changes and will include the TWU in the process to ensure it is correct.
84. “In the implementation of the above principles, no TWU-represented American employee will be adversely impacted in rates of pay, hours or working conditions by this seniority integration.” How can this statement be true? AA employees are being adversely impacted in their hours they work such as in NY if they lose a shift bid and get bumped to midnights. Plus, AA employees are being blended on the bid in STL. What exactly did the arbitrator mean when he made this provision?
A. What Kasher attempted to do was, per the language of the contract, make sure that no TWU represented AA employee was displaced upon integration of the AA/TWA workforces, and that in the future AA employees retained work opportunities they could have legitimately expected had there been no merger. He also stated that there was “no guarantee for American’s TWU represented employees that there would be additional work opportunities created for them by the acquisition, nor does the language dictate that American’s TWU-represented employees benefit at the expense of the IAM represented workforce.”
It is a fact that no American employee will be displaced by a TWA employee in the integration process. As to future job opportunities, Kasher determined that in cities/Stations where TWA made more than a “de minimis” contribution of ASMs that they brought an average of 25 percent in additional work and gave them partial seniority in proportion to their contribution. He recognized that it was possible that, as a result, an AA employee could be moved to a less desirable shift. Whether right or wrong, it was his theory that an employee impacted in this way may not have been on that shift (or even working) without the TWA work added after April 10, 2001.
In St. Louis, there is no evidence that anyone will be impacted and, in fact, it is quite clear that a substantial number of AA employees who had no legitimate expectation of recall to that station will be recalled and that this never would have happened absent the merger.
85. In the Arbitrators award, he talks about the similarities between TWA LLC class and crafts in comparison to AA’s for the seniority issue but does not distinguish the Automotive/Facility and Aircraft Maintenance difference. What is going to be done to ensure these lists are correct?
A. The arbitrator made clear that Occupational seniority must be calculated per the AA contract.
86.
In the award pg. 53, para 2 and 3 it is stated “
conducted operations in competition with each other prior to the acquisition on
A. The stations falling below the 10% and were viewed as de minimis per Mr. Kasher are: DFW/MIA/ORD and BOS. AFW and TULE were not included in the ASM calculation.
87. In the award, pg.54, para 3, it is stated “If the ten percent (10%) benchmark at any city/station is reached or exceeded, then once all American employees have been recalled, former TWA LLC employees will have the right to exercise their seniority, as adjusted above, to available positions at such city/station. These positions will be reserved for bid. What does he mean by “reserved for bid”?
A. Under the AA/TWU agreement, employees with recall rights have priority over persons seeking to transfer. At a particular city/station, which meets the de minimis standard, once all AA employees have been recalled to position and status, openings are reserved for TWA-LLC employees with recall rights. This would be true even if Kasher had given them only April 10, 2001 seniority.
88. “American
determined that the occupational seniority date for TWA’s agents and passenger
service representatives would be April 10, 2001.” How is it the AA was
able to obtain a
A. AA did not have to negotiate with a union on the issue since the agents at AA are not represented.
89. This Arbitrator served as chairman of the TWA-IAM System Board of Adjustment, and heard several cases, which concerned aspects of the concessions, made by the IAM during TWA’s two prior bankruptcies. Was it wise to use an arbitrator that was directly involved in the plight of TWA-LLC EEs on previous occasions?
A. Dick Kasher was also a neutral on the Pan Am/TWU system, and is presently on various TWU railroad panels. He has been selected as an arbitrator many times by TWU. He was also the Chairman of the AA/APFA interest arbitration panel. If we were to select only arbitrators who had no experience with the IAM, TWA, TWU, or American, we would have a rather short, and perhaps non-existent, list of qualified people.
90. In the Award, pg.47, para 2 it states “to provide some credit for TWA service in terms of occupational seniority. Where did this come from, was there side discussions not part of the evidence?
A.
This refers to our agreement that the TWA-LLC service (starting
Sincerely and fraternally,
James C. Little,
Director Air Transport Division
International Administrative Vice President.
Gary Yingst,
International Vice President
AA System Coordinator.