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November 23, 2004 |
AUTHORIZATION TO STRIKE-WHAT DOES IT ALL MEAN?
As many of you are aware the AFA Board of Directors approved a resolution calling for a WORLDWIDE CHAOS strike of all AFA members if any one of our contracts is abrogated. This is in direct response to actions by US Airways and United Airlines to use the bankruptcy court to abrogate flight attendant contracts, terminate pension plans and substantially reduce retiree health benefits. Other carriers in bankruptcy will likely face the same threat. The competitive nature of the industry will make it attractive for other carriers to consider the same course of action. As AFA International President Pat Friend said, "Airline management must understand there will be serious consequences if they persist in their attacks on our contracts".
Within the next several days you will be receiving two separate mailings from the AFA International office. The first will be a letter explaining the AFA's position, the effects and timing of the bankruptcy proceedings to abrogate our contract and the meaning of a strike authorization. The second mailing will contain an "authorization to strike ballot" and voting instructions. This letter serves as an introduction to those mailings.
After a detailed analysis of the Company's financial condition AFA concluded cost savings were necessary in order for the Company to remain viable. After two previous concessions it was apparent the Company was still underperforming. We never believed labor was the cause of the Company's problems but felt our help was again necessary. After receiving cost saving targets and assurances that the Reserve system and sick policy would be fixed AFA began negotiations that continue to this day. As negotiations progressed it became clear the Company wanted more from us than they originally proposed. Rather than work toward a common solution the Company proposals deteriorated to levels BELOW any measurable standard. We are now faced with accepting terms that will set us back TWENTY years in wages and work rules and will wipe out benefits we have earned. The Company's proposal disadvantages active employees at all seniority levels and even worse attack those who have retired after years of loyal service. It has become apparent management sees no value in long term employees and believes they can be successful by replacing those employees with new hires. What they fail to understand is that no one will work for very long in a job without any future. This perceived problem of older workers is bad for any business much less a customer service business. This fight is not about vacation days, options, sick leave or pay. This fight is about our entire contract and career. The issue is our ability to work and earn a living. The survival of the Company is in question and I don't believe killing off the employees is the answer. If AFA does not agree to the Company's terms, US Airways is going to ask the court to "fix" their problem by abrogating our contract and replacing it with one of their choosing.
There is no point in having a contract if it is allowed to be thrown out by the court without a fight. We have honored our existing contract, and in fact have twice amended it to help "save" the airline. Rather than accept a third offer of help, the Company has chosen to overreach and is attempting to rewrite every section of our contract. As individuals and as a Union we must all stand and say ENOUGH IS ENOUGH It is therefore critically important to send the message that we are all in support of the resolution to strike and use CHAOS if necessary.
It is not our desire to hurt the Company nor will we break off negotiations. It is not our intent to bring this Company to its knees, but rather to BRING IT TO ITS SENSES.
AN "AUTHORIZATION TO STRIKE" DOES NOT MEAN WE WILL STRIKE
A majority vote allows our leadership to implement CHAOS ONLY if our contract is abrogated.
THIS IS A MESSAGE TO THE COMPANY AND THE COURT
For this authorization to have any real meaning we must have two things; a high turnout and a high percentage of members voting for the authorization to strike.
WE HAVE THE SUPPORT OF BOTH AFA MEMBERS and NON AFA MEMBERS
"Authorization to Strike" ballots will be mailed to other carriers presently in bankruptcy. Subject to ratification those carriers will strike after a flight attendant contract is abrogated at any AFA carrier. Those AFA carriers not in bankruptcy will also participate in "secondary" strikes subject to leadership approval. In addition, within the past two days representatives of American Airlines APFA and Southwest Airlines TWU have expressed written support of AFA's resolution. All Flight Attendants nationwide are viewing this has an attack on their careers.
CHAOS WILL BE OUR STRATEGY
C.H.A.O.S. is a strategically planned and targeted set of actions designed to maximize our impact to put pressure on management, while at the same time attempting to minimize our risk.
WE HAVE A LEGAL RIGHT TO STRIKE
A strike would be legally permissible as a response to the abrogation of our contract.
The Supreme Court of the United States has reinforced on a number of occasions the ability to strike. When there is a legal primary strike at one carrier, the workers at another carrier may legally honor that strike by engaging in a "secondary strike" at that other carrier.
US AIRWAYS IS NOT BEING USED AS A SCAPEGOAT
The demise of US Airways would not appreciably benefit the stability of other AFA carriers. With just 7% of the market the end of US Airways would not reverse the financial condition of other carriers in bankruptcy nor would it end the quest by all carriers to walk away from "employee debt". If airline management is not stopped from using the courts to solve their problems this will lead to a domino effect throughout the entire industry affecting the careers of all Flight Attendants at all carriers healthy or otherwise.
LIVING TO FIGHT ANOTHER DAY IS NOT A VIABLE OPTION
The Company is asking us to accept terms that could force most of us to seek other employment. Those terms will be emulated by other carriers in their quest to compete. If we become the leader and accept those terms I believe our careers will NEVER be recovered. We should not allow the condition the industry is in now to forever change the nature of what we do. We must continue to find a way to protect as much as we can without mortgaging our futures.
IT IS OUR GOAL TO REACH AN AGREEMENT THAT SERVES BOTH PARTIES
Although we did not start this fight we will not run away from it. We remain committed to reaching an agreement that helps ensure the survival of the Company and ourselves. We do not believe we caused this crisis and we can not solve it ourselves. THE CHOICE REMAINS WITH US AIRWAYS.
BANKRUPTCY UPDATE
As you know US Airways has filed a Section 1113 motion in Bankruptcy Court to abrogate our contract. They have also filed an 1114 motion to reduce retiree medical benefits as well as a request to terminate our defined benefit pension plan. The motions were filed on November 12, 2004. The hearings are scheduled to begin on Dec. 2 and conclude on Dec. 17. If an agreement has not been reached between AFA and the Company before the hearing starts negotiations will continue until the judge issues a ruling. Our contract will not be rewritten in court. The judge will decide up or down if our contract is to be replaced by terms the Company has proposed or if it is to remain in place. You will be receiving a letter within the next few days explaining the process in more detail. Speaking of receiving a letter, many of you have received the formal notice the Court is required to send to all affected parties regarding the Company's intentions.
The letter states "those parties not represented by attorneys may choose to do so..."
There is no need for anyone to hire an attorney. As members of AFA you are represented by the AFA legal department headed by General Counsel David Borer as well as Robert Clayman and Jeffrey Bartos of the Washington D.C. law firm of Guerrieri, Edmond, and Clayman P.C. Your dues dollars are at work. Retirees are represented by the Retirees Committee and their attorneys.
UNION MEETING
There will be Council 89 Union meeting on Tuesday November 30, 2004. Two sessions, 10am-Noon and 2pm-4pm will be held in the CLT Douglass Airport Auditorium. The auditorium is located above the food court. The Agenda will include:
Mike Flores
LEC President Council 89
AFA-CWA AFL-CIO
704-527-0325 OFFICE
704-576-3174 CELL
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