Legal Right To Strike
The Railway Labor Act (RLA) is the federal law that governs labor relations in the airline industry; it’s designed to take into account the unique nature of the transportation industry. The RLA is different from the National Labor Relations Act, which governs most other industries in the United States . In traditional contract negotiations (under Section 6 of the RLA), the company and the union negotiate directly, then with the supervision of a federal mediator, until an agreement is reached or the National Mediation Board (“NMB””) decides the talks have reached an impasse, followed by a 30-day cooling-off period, and the potential of a strike or imposed workrules.
The 30-day cooling-off period does not apply in our current situation since AFA is not in Section 6 negotiations with United. Instead, the company is on the verge of unilaterally altering our contract through the bankruptcy process. A strike is the legally equivalent response to the rejection of our Contract. Striking is a form of “self-help,” and the courts have recognized that the RLA gives strikers options that aren't available to workers in other industries, such as the right to engage in intermittent strikes (like CHAOS ™) and secondary picketing.
CHAOS™ Strikes Authorized - December 30, 2004
The United AFA Membership overwhelmingly authorized the use of CHAOS strikes in the event our Contract is rejected by United through the bankruptcy process. This sends a powerful and compelling message to United management: enough is enough . Flight Attendants will not stand by and allow management to exploit the bankruptcy process and destroy our career, our Contract and our pensions.
United's union-busting lawyers and media spokespeople have made absurd statements regarding Flight Attendants' legal right to self-help in the event our contract is abrogated. Abrogation of our Contract, followed by management imposed changes to the terms of our employment will trigger our legal right to “self-help” in the form of CHAOS strikes or other work actions. As we have said before, we're not aware of a Contract in this country where one party breaks the terms of the agreement and the other party continues to perform.
The outcome of our strike vote does not mean that we are engaged in CHAOS at this time. Please continue to report to work as normal, and continue to do the superb and professional job for which we are known. No Member should initiate any work action without the explicit direction of the AFA United Master Executive Council.
Law Professor Confirms Right to Strike
January 6, 2005 ( Chicago Tribune):
One expert said United was attempting to push bankruptcy law in a new direction the company asked a judge to throw out labor contracts, while at the same time arguing those workers should be prevented from striking.
It would be a new interpretation of the law and a violation of their constitutional rights to force them to work for a lower wage, said Douglas Baird, a professor at the University of Chicago 's law school who has closely followed United's bankruptcy case.
"United is making a rather preposterous argument," Baird said. "You put the two together and you end up with a situation where the workers have to come to work under the contract as modified and they don't have the right to strike. Which is ridiculous."
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