erichartmann
Freight Dog
- Joined
- Mar 23, 2006
- Posts
- 432
I have a couple of questions...
I'm assuming that the ABX/IBT contract contains some sort of language that governs scope. Does it not specify that ABX pilots, and only ABX pilots, fly Airborne freight? If so...and if Airborne had been the dominant company in the merger of Airborne and DHL...who would now have first dibs on flying the combined freight? ABX pilots, or the former DHL pilots?"
Next question...and this is assuming that your contract contained a section on successorship...does the contract between ABX/IBT and Airborne not apply to any company that takes over Airborne? In other words, had Airborne (not ABX) been sold to another company (it wouldn't even have to be another airfreight company...it could be "Guido's Pizza" for the sake of this discussion) would they not incur the obligation to employ ABX pilots along with the sale? Or could Guido say, "Hey, I don' know nuthin' 'bout no 'contract.' 'Dat was with 'dem other guys. All I know is 'dat I got my own guys, see?" and bring in his own drivers?
Legalities aside, you have 3 entities (DHL, Astar, and ALPA) who have negotiated contracts independently of 3 other entities (Airborne, ABX, and IBT) who have done the same. Even if you had all 6 of those entities in the same room at the same time, it would be virtually impossible to work out an agreement free of conflict and that was fair to all. When such conflicts arise, it's the responsibility of each side's respective lawyer to represent their memberships interest to a Judge. It's not a "job grab," it's their job, period.
As a practical matter, as long as there are two companies (and two unions) of similar size on the property, the flying will likely be apportioned similarly. Just thank your lucky stars there aren't three.
Whoops...I forgot about Polar...
There was such language. About two years prior to DHL buying Airborne, Airborne reorganized, probably to facilitate the sale. Airborne Freight Inc., the former parent company of ABX Air, officially became Airborne Express. A new entity, Airborne, Inc., was created . Airborne Inc. was a holding company. Airborne Express and ABX Air became subsidiaries of Airborne Inc. The names of the officers did not change i.e. the folks running the former Airborne Freight Inc. were still running Airborne Express, and they were now running Airborne Inc.
Local 1224 went to management and asked for new letter specifically binding Airborne Inc. to to our contract as the new parent. The manager's of Airborne Inc. declined to give such a letter. Local 1224 went to court. The Federal judge ruled that the point was moot because there was no violation of the scope language i.e. no other pilot group was actively engaged in doing any flying that was arguably ours. In her remarks she indicated that even had the point not been moot she would have ruled against the union. In essence, despite the successorship language contained in the CBA she said Airborne Inc. was new entity not bound to the contract. Further, she indicated that Airborne Express, as the wholly owned subsidiary of Airborne Inc. and no longer the parent of ABX Air, was also no longer bound to our contract.
So, as I understand the situation now, DHL has purchased Airborne Inc. and its subsidiary Airborne Express. This was the ground operation of the entity DBA Airborne Express. The air side of that entity was ABX Air. ABX Air was spun off as a separate public company.
DHL, before, during and after the purchase of Airborne, Inc. also did some corporate restructuring. I haven’t really keep track of all the changes. Suffice it say as I understand it the corporate entity which existed at the time DHL signed on as a party to the CBA at DHL Airways no longer exists legally. Certainly DHL Airways is no longer legally the subsidiary of DHL. ABX Air chose to go the NLRB route in contesting the suit filed by ALPA. Personally, once all of that is resolved, if the courts eventually toss out the NLRB ruling I think ABX Air use the ruling against IBT to contest it further. In the meantime, ABX Air is looking for business elsewhere in an effort to reduce its dependence on DHL should ABX eventually lose.