Rep. Crenshaw: United Must “Live Up to its Obligations”

Rep. Crenshaw: United Must “Live Up to its Obligations”

Another lawmaker has voiced support for the unionized ramp and customer service agents at United Airlines as they continue to push back against proposed furloughs at the airline. This week, Congressman Dan Crenshaw (R-Tx), issued a statement calling on United to “live up to its obligations” and abide by the rules of the CARES Act.

Congressman Dan Crenshaw, who serves the people of the 2nd Congressional District of Texas in the House of Representatives, responded to a constituent who contacted him after United Airlines announced cuts in the hours of work for over 16,000 airport and call center employees. In a letter, Rep. Crenshaw wrote: “I voted for the CARES Act because I understand the importance of sustaining our airline workforce during this difficult time.”

As a member of the House Budget Committee, Rep. Crenshaw helps craft the annual budget resolution which determines funding policies for the federal government. A former United States Navy SEAL and a member of the Republican Party, he was elected to Congress in 2018 on a platform that called for getting the country on a path towards “responsible spending.” In his letter, the congressman emphasized the safeguards Congress put in the CARES Act to ensure the proper use of funds and said, “This bill included accountability measures, and it is important for every entity that receives public funding to live up to its obligations.”

The largest of three major bills from Congress to address the economic impact of the coronavirus pandemic, the CARES Act provided $25 billion in relief funding for airlines to keep employees on the payroll.

Members of Congress like Crenshaw interact with airline employees during their frequent trips between their home districts and Washington, DC. He praised United employees in his letter and wrote, “You have kept our nation running, and it is uplifting to see the dedication on the frontlines.” The congressman pledged to “continue to focus on ensuring funds are spent as intended as the industry recovers and that safety measures are implemented to protect both workers and travelers.”

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Who’s Minding the Store?

Who’s Minding the Store?

Congress demands better accountability from the Treasury Department in the administration of airline relief funds from the $2 Trillion CARES Act. 

On May 1st, federal lawmakers began receiving emails and calls from airline employees following United Airlines’ announcement that, despite having received $5 Billion in federal COVID relief aid through the CARES Act, they were involuntarily reducing the scheduled hours of work for over 16,000 airport and call center employees. The response from Congress was swift and bi-partisan. A US Senator and several House representatives sent stern warnings to United’s CEO about possible repercussions if the airline moved ahead with plans to cut paychecks after receiving federal funds intended to protect employee payroll.

After District 141 of the Machinists Union filed a lawsuit in federal court, United reversed that decision but went ahead with a plan to involuntarily furlough up to 30% of their workforce in management and administration. The Senate Minority Leader, Charles Schumer (D-NY), highlighted the oversight of CARES funds in a letter on May 7th to Treasury Secretary Steven Mnuchin. Senator Sherrod Brown (D-OH) and Senator Maria Cantwell (D-WA) co-signed the letter urging Secretary Mnuchin to “issue guidance clarifying that unilateral decisions to reduce workers’ hours, and as a result their pay or benefits, are prohibited activities under the CARES Act.” 

Delta and jetBlue have imposed cuts to the scheduled hours of work of their mostly non-union workforce, which also prompted 13 Senators to send letters to the CEOs of those two carriers. Senator Elizabeth Warren (D-MA) was joined by colleagues writing that “Section 4114 of the CARES Act is intended to protect workers and maintain their pay and benefits.” The Senators acknowledged that United has reversed the decision to cut their employees’ pay and said: “You should do the same.” They are asking jetBlue and Delta executives for an explanation of the process they followed to force the furloughs and to justify their stated position that payroll cuts are in compliance with the law. The Senators are requesting a response from the CEOs by June 3, 2020.

The activism of District 141 members does not only benefit them. “When we advocate for non-union workers at Delta and jetBlue, we raise everyone’s voice,” said Frank Giannola, District 141 Director of Organizing. He added, “The workers who want a union at jetBlue and Delta need us to speak for them too.” Organizers from the IAM are working with activists at jetBlue and Delta and support their rights to organize and form a union.

As they prepare to consider another round of federal aid to address the devastating effects of the coronavirus pandemic, many members of Congress are concerned about the proper administration and oversight of relief funds.

On Tuesday, May 26, Treasury Secretary Steven Mnuchin testified before the Senate’s Banking, Housing, and Urban Affairs Committee. His statements got the attention of Rep. Jan Schakowsky (D-IL), who co-wrote a letter to the Secretary with Rep. ‘Chuy’ Garcia (D-IL) and Rep. Katie Porter (D-CA). In that letter, they ask if the Treasury Department provided any guidance to airlines on the administration of CARES Act funds, and call for more transparency and better oversight for billions of taxpayer dollars. The letter was co-signed by another 71 members of Congress, representing California, Illinois, New Jersey, Massachusetts, New York, Michigan, Ohio, Pennsylvania, Texas, Washington, Florida, Minnesota, Arizona, Maryland, New Hampshire, New Mexico, Rhode Island, Tennessee, Virginia, Wisconsin and the District of Columbia.          

District 141 Legislative Director Dave Roderick lives in Rep. Schackowsky’s district in Chicago and was pleased to see how the grassroots work of so many IAM members earned the support of a large and diverse group of lawmakers. “Both Republicans and Democrats know very well how important reliable air transportation and good union jobs are to our nation’s economy,” he said. “And they also know Machinists Union members vote, so when they hear from us in large numbers, they act.”

Machinists Union to Delta and JetBlue: You Are Not Above the Law

Machinists Union to Delta and JetBlue: You Are Not Above the Law

WASHINGTON, May 21, 2020 — The International Association of Machinists and Aerospace Workers (IAM) today reiterated its demand that Delta Air Lines and JetBlue Airways restore workers’ pay and benefits. Delta and JetBlue combined have accepted approximately $6.5 billion under the CARES Act in taxpayer-funded airline bailout money intended to maintain workers’ jobs, pay and benefits until at least Sept. 30, 2020.
Earlier this month, the IAM filed a federal lawsuit against United Airlines after the carrier announced similar plans to reduce all full-time ground workers’ hours, which would have reduced their pay and benefits. United then reversed course and suspended its plan.
“Delta and JetBlue may not have reduced hourly pay rates, but they did reduce weekly, monthly and yearly pay rates, just as United tried to do,” said IAM General Vice President Sito Pantoja. “The undeniable result is workers are involuntarily taking home less money to support their families. A pay cut is a pay cut.”
Both Delta and JetBlue applied for and received taxpayer funds under the Payroll Support Program component of the CARES Act, which required airlines to maintain workers’ jobs, pay and benefits as a condition of taking the funds.
In letters to the CEOs of Delta and JetBlue, 13 Senators led by Elizabeth Warren (D-MA) wrote, “Your workers supported relief for airlines on the condition that their jobs, pay, and benefits would be protected. On April 23, the International Association of Machinists and Aerospace Workers wrote you a letter opposing your mandatory time off policy, and noting that, ‘The IAM, along with the all the other AFL-CIO affiliated transportation unions, and Delta JetBlue workers, fought for the federal stimulus to protect airline workers and save the airline industry from the ravages of the novel coronavirus pandemic,’ but that your company is ‘using that good faith support of airline workers around the country and at every carrier to [undermine the interest of your own workforces].’”
“We called on Delta and JetBlue to reverse course over three weeks ago and they have thumbed their noses at their employees, Congress, and American taxpayers,” continued Pantoja. “Delta and JetBlue are not above the law and should immediately restore their workers’ pay and benefits as required under the CARES Act.”
A Slow but Steady Airline Recovery is Happening

A Slow but Steady Airline Recovery is Happening

Shares of several airlines have seen a sharp increase in value over the past week, as more travelers begin a slow return, prompting carriers to add more routes and flights to their schedules. While overall demand remains at critical levels, we now have the first clear evidence that the airline industry is beginning to heal from the COVID pandemic. 

In March, Congress approved $50 Billion in aid to airlines, to preserve the highly-trained (and difficult to replace) commercial aviation workforce. Congress also hoped to protect the larger civil aviation networks that provide life-sustaining economic connections throughout the American economy. 

All major airlines have warned that absent another round of help from Congress, America will have a much smaller capacity for air transport and travel. Further, if the direst warnings coming from industry insiders are borne out, the American economy could lose more than a third of the entire civil aviation workforce in the space of just a few weeks starting in October.

Such a massive reduction in jobs would not only cripple any recovery this fall but would also have catastrophic ripple effects throughout the rest of the economy, as businesses that depend on airlines and air shipping lose access to critical parts of their business.

Last week, the industry got a few hopeful signs that air travel would return. United, American, and Delta are filling planes, and are considering adding back flights. Currently, airlines are only operating at certain times of the day, in schedules called “banks.” United and American have both reported that they are bringing back a few banks in select hubs that were stopped due to low demand. The latest round of inevitable social media outrage saw shocked Tweets revealing images of airplanes full of passengers. This may have horrified the Twittersphere, but it was cause for celebration for everyone that depends on air travel. Figuring out how to handle too many passengers is a good problem for airlines to have right now.

Along with passengers, investors are also starting to come back.

Shares of United Airlines Holdings Inc. were up 2% in premarket trading on Tuesday, extending a larger 21% rally for the week. The posting represents the largest gains since the COVID pandemic began hitting airlines two months ago.

United reported modest improvement and reduced cancellations during the second quarter, improvements that the company expects to continue through July.

American Airlines experienced a brief 9.2% surge last week, led by upbeat new data from TSA that indicates an increase in travel demand. That report detailed an uptick in passengers overall, showing an average of 205,010 passengers a day going through TSA security checkpoints. This is the fourth straight week that the agency reported an increase.

Overall air traffic is down more than 91% from last year, according to the TSA reports.

The largest transportation and aerospace union in the US is the International Association of Machinists and Aerospace Workers, which includes tens of thousands of airline personnel. IAMAW District President Mike Klemm warned the 38,000 members of District 141 that investor support and passenger demand might not return fast enough to prevent job losses in October.

To be perfectly clear, if demand for air travel does not rebound before September 30, 2020, there likely will be furloughs at every single US-based airline,” Klemm said while promising that the union would prevent involuntary furloughs that violate union contracts and the terms of the CARES Act. IAMAW ramp and customer service workers successfully fought back a plan by United to force furloughs after accepting $5 billion in taxpayer money intended to prevent job losses. 

The union is also proposing several cost-cutting measures to United, including ways to incentivize early retirement through medical bridges. These voluntary measures, along with increased demand for air travel, are welcome signs. 

However, IAMAW District Legislative Director Dave Roderick is also suggesting that the union stay in constant contact with lawmakers. “We need to stay in the conversation,” Roderick said. “We need to make sure that our members of Congress understand the facts from the union perspective, which is the side that clocks in and out every day to put food on the table. We can’t afford to be passive at this moment. We need to stay engaged, and do whatever we can to impress on lawmakers the importance of passing another assistance package before October,” Roderick said.

 

Letter from Rep. Joseph Kennedy to United CEO

Letter from Rep. Joseph Kennedy to United CEO

May 12, 2020

Mr. Oscar Munoz
Chief Executive Officer, United Airlines, Inc.
PO Box 06649
Chicago, IL 60606-0649

Dear Mr. Munoz,

I am alarmed by United Airlines’ decision to eliminate 3,400 management and administration positions on October 1, 2020 and reduce approximately 15,000 full-time positions to part-time on May 24, 2020. These actions are not only devastating to the employees who will lose all or some of their income, but also violate the congressional intent behind the Payroll Support Program.

On April 15, 2020, United Airlines accepted $5 billion in taxpayer assistance via the Payroll Support Program, $3.5 billion of which will not need to be paid back. By accepting these funds, United Airlines committed to not reduce employee pay or benefits, or implement involuntary furloughs through September 30, 2020; to limit executive compensation and prohibit stock buybacks or dividends through September 30, 2021; and to protect collective bargaining agreements through September 30, 2020. This program was created to give airlines time and flexibility to adapt to changing economic conditions caused by the COVID-19 pandemic, and find ways to minimize layoffs.

I am concerned several recent decisions made by United Airlines potentially violate the requirements of the Payroll Support Program, and certainly violate the spirit of the law. United Airlines announced a planned 30 percent reduction of management and administration positions five months before the reduction can legally occur. While not illegal, the early announcement indicates that United Airlines is not using the time and flexibility provided by the Payroll Support Program to save jobs.

On March 27, 2020 you promised your employees that United Airlines would “not conduct involuntary furloughs or pay cuts in the U.S. before September 30, 2020.” Unfortunately, this commitment appears to have been misleading. United Airlines sent memos to over 11,000 employees, which included instructions requiring employees to take 20 unpaid days off before they are fired, and implementing mandatory hour reductions. Both practices reduce employee pay without consent, undermining your promise that taking care of employees will remain your number one priority.

Further, United Airlines announced on May 1, 2020 that 15,000 workers, including baggage handlers, customer service agents, and reservations agents, would transition to part-time work at the end of May. These employees were given 13 days to decide if they would accept their planned reduction to part time status, voluntarily leave their job without recall rights, retire with no recall rights, or choose to furlough with furlough pay and a right of recall. Not only does this supposed request reduce employee pay, in a potential violation of the Payroll Support Program, it presents employees with an impossible choice: struggle to pay the bills while taking home a smaller paycheck or try to collect unemployment and find a job in one of the worst labor markets in history. This choice is made even more difficult by the fact that most states consider unemployment applications from individuals who voluntarily left their jobs on a case-by-case basis, meaning the applications are more likely to be denied and take longer to process.

While I am glad that public outcry and pending legal action pushed United Airlines to make these mandatory hour reductions voluntary, I remain deeply concerned by your labor practices. I am particularly troubled by the statement that the originally proposed mandatory hour reductions will be implemented by late June if an insufficient number of employees volunteer to reduce their hours. The very act of threatening across-the-board schedule reductions makes the current ‘voluntary’ reductions anything but voluntary.

United Airlines Spokesman Frank Benenati was correct when he stated that it is not sustainable for the company to spend billions more than it takes in. However, it is also correct to state that a business model that spends 80 percent of free cash flow on stock buybacks, just as United Airlines has done for the last decade, is unsustainable. For years, the business prioritized increasing stock values for shareholders and top executives over saving and preparing for the next economic downturn. United Airlines would be less reliant on government assistance and would not have to push workers off the payrolls if company leadership focused on long-term sustainability instead of enriching themselves.

I urge United Airlines to honor the commitments you made to your employees and the American people by ending your efforts to cut employee hours and calling off the upcoming layoffs. We can only weather this crisis if all parties work together and act in good faith.

I look forward to your response.

Sincerely,

Joseph P Kennedy, III
Member of Congress

Please print and post on all IAMAW Bulletin Boards.

Contact Rep. Kennedy

Representative Joseph Kennedy and other elected leaders need to know that we appreciate their help. (Massachusetts Residents)

Fallout: Lawmaker Calls Out United Executives for Lying to Taxpayers: “Disingenuous.”

Fallout: Lawmaker Calls Out United Executives for Lying to Taxpayers: “Disingenuous.”

Congresswoman Jackie Speier (D-CA) called out United Airlines for its attempt to furlough thousands of front-line essential workers. The carrier tried the move after accepting billions of taxpayer dollars that it promised to use on payroll costs but reversed course after union opposition. 

When the Coronavirus Aid, Relief, and Economic Security (CARES) Act passed Congress with overwhelming support, airlines like United lined up to get their share of the $50 billion in aid specifically allocated for them. The CARES Act directed air carriers to spend the money on payroll, which is a large portion of their operating costs, to help avoid bankruptcy at least until October. By then, they planned to draft a new relief bill or hoped a treatment for COVID-19 would be available. 

The Federal aid came with strings attached. First, executives and shareholders couldn’t use it to increase executive and management pay, to boost stock buyback schemes, or invalidate collective bargaining agreements. Second, the money had to go towards paying their employees. Airlines, including United, promised not to cut pay and benefits until October.

“United will not conduct involuntary furloughs or pay cuts in the U.S. before September 30th,” United CEO Oscar Munoz said in a memo to United’s 100K employees on March 27. 

On May 1st, International Workers Day, incoming United CEO Scott Kirby confirmed the involuntary furloughs of all US-based full-time ramp and customer service agents to part-time, resulting in pay cuts of at least 25%, effective on May 24 – nearly 5 months before October. Similar cuts to non-union administrative employees followed a few days later. 

The $5 billion in payroll assistance is not enough to cover the full operating costs the airline faces, Kirby argued, so executives looked for loopholes and excuses to keep the money and ignore their obligations to use it to keep employees intact. According to Kirby, they were keeping the money and cutting back employee compensation and benefits five months before the agreed-upon October date. Kirby contends that, since executives wanted to cut pay by cutting hours, they were in “full compliance with the CARES Act” which forbids cuts in pay if the airline accepts taxpayer help. (Thanks to the CARES Act, labor costs are covered by taxpayers, not passengers.)

The immense outcry from passengers, unions, and lawmakers did not take long.  

Just before United backtracked from the decision, Representative Jackie Speier (D-CA) released a statement calling out the plan to lay off thousands of workers, stating she was “dismayed” to learn of the move. 

“Your company has agreed to take approximately $5 billion from the CARES Act Payroll Support Program. This includes a grant of $3.5 billion and a 10-year loan for $1.5 billion” the Congresswoman said a letter to CEO Oscar Munoz. “United itself acknowledged that the receipt of this federal government money ‘Will be used to protect the salaries and benefits of employees through September 30, 2020.’”

Congresswoman Speier noted in her statement that United executives “have announced the reduction of scheduled work hours by 25% for almost 1,600 United Airlines employees at San Francisco International Airport (SFO), effective May 24, 2020.” 

Rep. Speier represents California’s 14th Congressional District, including the area adjacent to SFO Airport, one of the largest and most historic airfields in the US, and an important hub for United Airlines. 

The furloughs at United would not have been mere hour reductions. As hourly workers, the benefits airline employees receive are tied to the total of hours worked. This means that a cut in scheduled hours would also reduce vacation and sick time accruals, holiday pay, pension contributions and unemployment insurance options. Amid a global pandemic, many would have lost eligibility for Family and Medical Leave Act protections, plus other benefit programs which vary state-by-state. 

“This is not the way to protect the salaries and benefits of these 1,600 employees and their colleagues throughout the country,” Rep. Speier said. “United contends that this 25% reduction in work hours does not violate the CARES Act because their hourly rate of pay did not change. I find that position disingenuous and not in the spirit of the CARES Act. These workers will have a 25% reduction in their gross incomes,” the Congresswoman said. 

Congresswoman Speier has been a strong supporter of United’s unionized ramp and customer service workers for years. In 2013, she worked to protect the Maintenance Operations Center at SFO. That facility is one of the largest on the West Coast and employs 3,500 workers.

The ramp and customer service agents that United attempted to furlough are represented by the International Association of Machinists and Aerospace Workers. The IAMAW is the largest union of aerospace and transportation workers in North America, with members at all major airlines, and at NASA, Boeing, Lockheed Martin and Bombardier.

“We are overwhelmed with the support we are getting from lawmakers like Rep. Speier,” said IAMAW District 141 President and Directing General Chair, Mike Klemm, in a statement. “To have the authors of the law support and amplify our position is priceless. I want to thank Rep. Speier and all the legislators and public officials who have reached out to us this week. We appreciate you.”

Klemm also praised the grassroots, bi-partisan advocacy efforts from front-line union members. “Our members at United have proven they are tireless defenders of this industry, their passengers, and their fellow union members. What our union does when we are all working together is extraordinary. I want to thank our union’s essential workers, and our AGC’s and elected officers, who are stepping up in an incredible way through this crisis.”

SFO Airport is the proud home of IAMAW District 141 Local Lodges 1781 and 1782

The full letter is available HERE>