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.