Union/Non-Union Merger

[coogebeachhotel]

What would happen if a union and non-union merged? Would the non union list get stapled? Would they get fired? Any mergers in the past that had this happen?

 

[Bluejob]

Piedmont / Empire, December 1985. Empire stapled.

 

[Fubijaakr]

Under Bond-McCaskill a union/non-union seniority list merger would use the provisions of Allegheny/Mohawk.

 

[Lear70]

Under Bond-McCaskill a union/non-union seniority list merger would use the provisions of Allegheny/Mohawk.

Correct. In a MERGER, NO ONE can get stapled anymore unless an arbitrator rules it or that carrier agrees to it.

The rules are different if it's an asset sale under bankruptcy protection.

That scenario aside, in a merger, the two pilot groups would get to vote on representation, including whether not to be represented at all. Simple majority vote wins.

What's not clear is which would happen first: seniority integration arbitration or union vote...

 

[coogebeachhotel]

From Labor Law Firm Baptiste & Wilder, P.C.
Does not appear non-union guys would be covered

"The CAB mandated integration procedures for employees affected by transactions regardless of whether they were unionized. Similarly, the recent legislation would apply to any employee covered by the RLA, not just unionized employees. So, if a nonunion carrier either acquires or is acquired by a unionized carrier, all employee groups would receive these integration procedures.
Again, though, nonunion employees would not have any successorship protections (they don’t have to be hired by the successor) nor would they have any right to negotiate over their other terms of employment. The seniority integration procedures would only apply if they were hired and then would not protect any other term of employment.
Even as it relates to seniority integration, there is a fair question as to just what “seniority” nonunion employees can have. The federal courts have stated repeatedly that seniority is solely a creation of contract (i.e., collective bargaining agreements.) If you don’t have a contract, do you really have seniority? And do you have seniority entitlements (for example, in the ordering of a list) that would be enforceable in an integration arbitration?
So while this legislation covers nonunion employees, it, at most, provides only limited protection and even that protection is open to question."

 

[Lear70]

Reading that, it's a stretch to say non-union pilots wouldn't be covered.

Additionally, it's not a Federal Judge or an Arbitrator or the NMB or NLRB giving that opinion, it's a law firm, and an attorneys' opinion is worth,,, well,,, we all know what those are worth.

Additionally, there's an important section in that first paragraph:

So, if a nonunion carrier either acquires or is acquired by a unionized carrier, all employee groups would receive these integration procedures.

There ya go. Union company merges with / acquires / is acquired by non-union carrier. All employee groups receive those integration procedures.

Again, if a company is ACQUIRED under bankruptcy, all bets are off. If it's purchased whole or merged, I'll be you a C-Note that they'll get binding arbitration for integration per Bond-McCaskill... Hell, as a PRACTICAL matter, who's going to purchase an entire airline whole and not take any of the employees?

 

[coogebeachhotel]

But US Federal Courts(Judges) have ruled that seniority is a creation of contract(CBA). No contract- no seniority list in the eyes of the court.

 

[FLYLOW22]

I don't recommend it.

 

[Lear70]

But US Federal Courts(Judges) have ruled that seniority is a creation of contract(CBA). No contract- no seniority list in the eyes of the court.

That's not what I got out of that... but I've misread things before...

What I took out of it was that, in a purchase, the purchasing entity was under no obligation to take the employees with it. However, if the purchasing entity DID take the employees with it, then Bond-McCaskill integration has to happen:

The seniority integration procedures would only apply if they were hired and then would not protect any other term of employment.

In other words, if the purchasing entity took the pilots, they don't get to negotiate new wages, they go to work under the company's CBA that they're being acquired by, BUT their seniority gets determined by Arbitration.

Now, if the shoe is on the other foot, and a non-union company is acquiring a union company, then what you'd likely get is a single-carrier filing by the union company and a union vote being called for to make sure the carrier stays unionized. If the vote fails, then I imagine you'd end up with some kind of staple and years of infighting like UAir/AWA... If the vote is carried, and the combined carrier stays unionized, they MIGHT end up working under the ACQUIRED airline's CBA. Wouldn't that be a strange turn of events for the acquiring carrier?

 

[J32driver]

The question jetBlue pilots need to ask themselves, Would you bet your career and families income on being a test pilot for Bond-McCaskill? I no my answer is absolutely not!