AFA Leadership Urges Vote FOR CHAOS™ Strikes
Ladies and Gentlemen:
December 22, 2004
As each of us prepares for the Holidays this year, it is imperative that we not be distracted from casting what could be the most important vote of our careers. Our Union is strong. We are working hard to preserve our careers at the bargaining table and are fully prepared to protect our rights in court. As our Union works to preserve our careers at the bargaining table or in the court, our collective future in either case rests in your hands.
Marking “FOR” on your CHAOS™ ballot is essential since a strike is our only legal recourse in the event our Contract is rejected by order of the Bankruptcy Court. Commitment and participation from every AFA Member is paramount to ensure that we best position ourselves to combat the attack on our Contract at the bargaining table or in the Bankruptcy Court.
The bankruptcy process determines that we must participate in two distinct and parallel tracks of action: (1) negotiations and (2) litigation. Recognizing our legal obligation under the bankruptcy process, AFA is fully engaged in Section 1113(c) discussions with management in an attempt to reach an agreement Flight Attendants could ratify. We will continue to make every effort to reach an agreement. To that end, the United Master Executive Council has authorized the AFA Financial Review Committee (FRC) to formulate a response to the company’s 1113(c) term sheet demands. This response was presented to United management today and is available for your review on our website.
Even as our FRC meets with United management, the real negotiations are taking place on the line as management views your action as a barometer of what Members are willing, or unwilling, to accept. Currently in our discussions, it seems that management still believes that our professional pride and commitment to safety, security and service is an endorsement for their actions to destroy our careers and reduce our jobs to the unaffordable and unsustainable. Therefore, a commanding vote for CHAOS strikes is imperative to compel management to reach a tentative agreement with AFA. In the event we reach a tentative agreement, you will have the final say through a Membership vote on whether or not to accept the concessions.
While we are attempting to reach a consensual agreement with United management, AFA is fully prepared for the second track of action in the bankruptcy process. This track will include presenting our arguments against United’s motion to reject our Contract during bankruptcy court hearings scheduled to begin on or about January 7, 2005. Two different events will require the second track to move forward:
- If management fails to negotiate with us to reach a Flight Attendant concessionary agreement that is not a dime more than is legally necessary, fair and equitable – resulting in no consensual agreement; or
- If the AFA Membership determines not to ratify a tentative agreement between AFA and the company.
The court process would culminate when Judge Wedoff rules on United’s motion to reject our Contract, expected in mid-January. Rejection of our Contract would mean that management could avail itself of “self-help” and impose new terms on our Contract, including a new duration beyond a bankruptcy exit date. In turn, our legal recourse would be to initiate our own legal “self-help” and protest or withdraw our service by initiating legally sanctioned CHAOS strikes under the Railway Labor Act.
We urge every Member to cast your vote FOR on your CHAOS strike ballot before voting closes Thursday, December 30, 2004 at Noon EST. Every United AFA Member eligible to vote should have already received a ballot at your home address that details your randomly assigned PIN and AFA Member Number. If you have not received your balloting instructions, please contact your Local Council Office right away or call 1-800-424-2401, dial 1, and extension 706 to reach the AFA Voter Help-line, Monday – Friday, 9:30 am – 5:30 pm EST.
We are not aware of a Contract in this country where one party rejects the terms of the agreement and the other party continues to perform. It is imperative that management understands there will be serious consequences in the event our Contract is rejected by order of the Bankruptcy Court. Failing to send a clear message to management places our collective efforts in jeopardy and increases the likelihood of facing Court rejection of our Contract.
Additional information about CHAOS, the bankruptcy process and AFA’s efforts to reach an agreement is available on our website. Check our website, read AFA E-lines, and call 1-800-DEAR-AFA on a regular basis to ensure that you have the latest information about our efforts to preserve our career.
This holiday season, we face unprecedented challenges. Take care of each other and be sure to participate in our collective future. Cast your vote.
In Solidarity,
| Greg Davidowitch President |
Helen McArdle Vice President |
Shirley Barber Secretary-Treasurer |
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