Association of Flight Attendants - CWA
Thirty-Second Board of Directors Meeting
October, xx, - October xx, 2005
Palm Springs, California

Subject: Merger Policy and Related Employee Protective Provisions

Source and Date Submitted: AMW 66 MEC - August 19, 2005

Statement of Question: Should the AFA-CWA Board of Directors Amend Section X, Merger Policy and Related Employee Protective Provisions, of the AFA-CWA Constitution and Bylaws to provide employment and seniority rights for Flight Attendants affected by a AFA - to - AFA carrier merger.

Background Information: Section X of the AFA-CWA Constitution and Bylaws defines a strict AFA-to-AFA carrier merger policy wherein each council reviews a variety of internal data (such as training dates, hire dates and competitive bidding formulas) and creates and presents a seniority list for their respective airline. Following that process, each council submits their list to an integration process that essentially recognizes date-of-hire or another internal adjusted seniority date for purposes of merging each list. This process can affect the employment and seniority protections and rights for one group of affected AFA-CWA Flight Attendants, but not the other Flight Attendant group. The airline industry has changed dramatically since Section X was created and amended and the current and potential impact of this policy on AFA - CWA represented Flight Attendants requires immediate action by the AFA-CWA Board of Directors. Further, AFA-CWA current and planned contract and organizing campaigns may be negatively impacted by the current policy. Importantly, Section X should be amended to impact a current AFA-to-AFA merger and potential AFA-to-AFA mergers.

At the Eleventh Board of Directors Meeting in St. Louis, Missouri in 1986, delegates sought to create a merger policy that unites all Flight Attendants and to resolve bitter merger disputes occurring in the airline industry at that time. This Agenda Item recognizes their honorable goals and objectives and is not intended to deviate from that worthwhile framework of uniting all Flight Attendants and organizing Flight Attendants to join our union. However, this Agenda Item recognizes that in certain circumstances, Section X should allow for alternative formulas and/or processes in certain mergers wherein a group of AFA-CWA represented Flight Attendants are found to be grossly disadvantaged because of Section X policies. Importantly, this Agenda Item recognizes that our industry has changed dramatically and that the financial structure of airline mergers has also changed. Airline industry consolidation is expected to accelerate and more AFA-CWA represented Flight Attendants may be impacted. 



Board of Directors Agenda Item/Merger Policy/Page Two:

Proposed Resolution:

Whereas: The fundamental scope and purpose of the AFA-CWA Merger Policy and Related Employee Protective Provisions in Section X of the AFA-CWA Constitution and Bylaws is to provide protection for the employment rights of Flight Attendants,

And Whereas: When Section X, Merger Policy and Related Employee Protective Provisions, was incorporated into the AFA-CWA Constitution and Bylaws by actions of the AFA Board of Directors in 1986, the policy and provisions reflected the fundamental financial and operational aspects of the airline industry of that era,

And Whereas: Since the 1986 AFA Board of Directors meeting, airline industry financial and operational practices have changed from pre-deregulation industry (commonly referred to as Legacy Carriers) to a emerging post-deregulation industry (commonly called Low Cost Carriers),

And Whereas: Financial institutions and post-deregulation airlines have a greater capacity to affect or conduct airline mergers than in the past, 

And Whereas: Flight Attendants in service at post-deregulation carriers have at most or substantially less than twenty-(20) years of seniority at their respective airlines,

And Whereas: The current policy and provisions contained in Section X of the AFA-CWA Constitution and Bylaws are proving to be inherently disadvantageous to thousands of AFA-CWA represented Flight Attendants, whose employment and seniority rights are currently and/or are potentially affected by current and future airline mergers,

And Whereas: The policy and provisions contained in Section X of the AFA-CWA Constitution and Bylaws may prove deleterious to current and future AFA-CWA contract and organizing campaigns,

Therefore Be It Resolved: That Section X. C. 3. b. and c. of the AFA-CWA Policy Manual be amended as follows:

b. Within ten (10) days following the International President's determination pursuant to Section C.3.a. above, the merger representatives shall meet and exchange their findings. Data pertinent thereto and pertinent to the solution of integration problems will be made available to all representatives, including available information on policies of each airline relating to seniority accrual for training days. A preliminary integrated seniority list -utilizing the seniority date information supplied by merger representative from each airline - will be compiled and completed at this meeting. The merger representatives, Master Executive Board of Directors Agenda Item/Merger Policy/Page Three:

Council officers(s) from each airline (if they are in attendance) and the International President must review this preliminary seniority date integration list. 

c. Following a review and determination of the findings as provided in C.3.b. above, and during the meeting as provided in C.3.b. above, a merger representative from a Master Executive Council, or a Master Executive Council officer, shall notify the merger representative from the other affected council or a Master Executive 
Council officer(s) from the other affected council and the International President of their intent to implement an alternative seniority list integration formula and/or process for purposes related to the procedures in C.3.d. below.

The merger representative or Master Executive Council officer(s) making such notification must provide, in writing, reasons for invoking an alternative seniority list integration formula and/or process that differs completely or substantially from the seniority list integration policy contained in Section X that has been historically maintained and implemented by AFA-CWA, meaning that the merger representatives or Master Executive Council officer(s) are intending to implement a seniority list integration formula and/or process that is not based on a strict "seniority date" seniority list integration policy, commonly referred to as the date-of-hire seniority list integration process. 

Alternative seniority list integration formulas and/or processes cannot have the intended or unintended effect of forcing a group or council or airline of AFA-CWA represented Flight Attendants to the bottom of a final merged seniority list (commonly referred to as "stapling"). 

d. Within twenty (20) days following the meeting provided under Section C.3.b. above or notification of an alternative seniority list integration formula and/or process as provided in C.3.c above, the merger representatives will meet again and compile a merged seniority list. If all flight attendants on both seniority lists were subject to the same policy regarding seniority accrual for training days, the merged seniority list will be compiled based upon the seniority date of each flight attendant. In the event that this is not the case, the merger representatives will compile a merged seniority list based upon an alternative seniority list integration formula and/or process as provided in C.3.c above, or adjusted seniority date, the only adjustment to seniority date as defined in Section C.2.a. above, being reconciliation of differences in policies on the respective carriers relating to seniority accrual for training days so that each flight attendant on the merged seniority list receives credit for her/his training days. The merger representatives are empowered to compromise their differences over reconciliation of such training policies to the extent necessary to reach an agreement on a merged seniority list, provided that each flight attendant on the merged seniority list receives credit for her/his training days. In compiling the merged seniority list, whether by seniority date or adjusted seniority date, the relative position of the flight attendants on their respective 
Board of Directors Agenda Item/Merger Policy/Page Four:

seniority lists shall be maintained and the merger representatives shall not have the authority to alter the relative position of any flight attendant to others on her/his own list for any reason. For purposes of completing their functions, the merger representatives must list the names of all flight attendants in integrated order on a merged list.

And Be It Further Resolved: Due to the compelling effects of current and potential mergers on AFA-CWA represented Flight Attendants, this Agenda Item shall become part of the AFA-CWA Policy Manual effective January 1, 2005 upon adoption by delegates to the Thirty-Second Annual AFA-CWA Board of Directors Meeting in Palm Springs, California - October --- to October ---, 2005. 

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