IAM / JetBlue Union Vote Update

IAM / JetBlue Union Vote Update

JetBlue Union Vote Update

Organizing
5 October 2022

Union Vote Update: Timeline and Our Rights 

As you know, the IAM filed an application with the National Mediation Board (NMB), a federal agency, to conduct a union representation vote on Friday, September 23, 2022.

On September 26, 2022, the NMB ordered JetBlue management to forward to the NMB the list of “potential eligible voters” by Monday, October 11, 2022.

Yesterday, JetBlue’s high-priced attorneys requested a one-week extension, until Monday, October 18, 2022, to submit the list (we will let you know if the extension is granted).

Once the NMB receives the list of potentially eligible voters from JetBlue management, the federal agency will then determine if at least 50 percent of GO Crewmembers signed an election authorization card (a-card), requesting a union election be scheduled.

The NMB controls the timeline of this process, and we will keep you updated on any developments every step of the way.

It is very important that all GO Crewmembers understand that our right to join, and express support to form a union of JetBlue GO Crewmembers, is protected under federal law.

The NMB’s Notice to Employees states: “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees […] The Carrier is not permitted to influence, interfere or coerce employees in any manner in an effort to induce them to participate or refrain from participating in an election should there be one.”

If you believe that JetBlue is attempting to influence, interfere or coerce you against exercising your right to join a union, please notify an IAM representative. CLICK HERE to find out more about your rights, and how you can file an ANONYMOUS “carrier interference” charge. 

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JetBlue Union Vote Update

5 October, 2022

Union Vote Update: Timeline and Our Rights

As you know, the IAM filed an application with the National Mediation Board (NMB), a federal agency, to conduct a union representation vote on Friday, September 23, 2022.

On September 26, 2022, the NMB ordered JetBlue management to forward to the NMB the list of “potential eligible voters” by Monday, October 11, 2022.

Yesterday, JetBlue’s high-priced attorneys requested a one-week extension, until Monday, October 18, 2022, to submit the list (we will let you know if the extension is granted).

Once the NMB receives the list of potentially eligible voters from JetBlue management, the federal agency will then determine if at least 50 percent of GO Crewmembers signed an election authorization card (a-card), requesting a union election be scheduled.

The NMB controls the timeline of this process, and we will keep you updated on any developments every step of the way.

It is very important that all GO Crewmembers understand that our right to join, and express support to form a union of JetBlue GO Crewmembers, is protected under federal law.

The NMB’s Notice to Employees states: “No carrier, its officers, or agents shall deny or in any way question the right of its employees to join, organize, or assist in organizing the labor organization of their choice, and it shall be unlawful for any carrier to interfere in any way with the organization of its employees […] The Carrier is not permitted to influence, interfere or coerce employees in any manner in an effort to induce them to participate or refrain from participating in an election should there be one.”

If you believe that JetBlue is attempting to influence, interfere or coerce you against exercising your right to join a union, please notify an IAM representative. CLICK HERE to find out more about your rights, and how you can file an ANONYMOUS “carrier interference” charge.

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Supreme Court Poised for New Attack on Unions

Supreme Court Poised for New Attack on Unions

The Supreme Court may soon overturn a lower court ruling the held that Federal Regulators are better suited than tort courts to deal with company / union disputes. 

Supreme Court Poised for New Attack on Unions

IAM141.org
5 October 2022

On Monday, the U.S. Supreme Court agreed to decide a case that could determine if unions should be forced to cover some financial losses their companies experience due to union actions, such as strikes.

The case will decide if employers can bypass Federal Labor regulators and sue unions directly in court. Currently, labor disputes are settled by specialized Federal regulators, to avoid tying up the court system and to prevent litigation designed solely for the purpose of harassing or bankrupting unions. The court will decide whether or not to remove those safeguards.

The Court granted Glacier Northwest, Inc., a concrete mixing and delivery company, a request to review an earlier decision by the Washington State Supreme Court, which ruled against the company in favor of the workers. That ruling found that the strike fell under rules set up by the National Labor Relations Act (NLRA) and that companies cannot sue over such conduct. Rather, such matters must be litigated before the National Labor Relations Board. In agreeing to take up the case, the U.S. Supreme Court could potentially reverse the earlier decision.  

Such a ruling could allow companies to sue unions outside of the Labor Board, possibly requiring them to repay employers if they claim union business was unduly burdensome. For example, if a legal, peaceful union job action slowed production, caused canceled deliveries, or spoiled inventory left at worksites by workers walking off the property.

 

Airlines and other transportation-sector unions are covered under the Railway Labor Act and regulated by a different Federal Agency; the National Mediation Board. Under these rules, airlines must win express clearances from the Federal Government before they can strike. However, the case has the potential to impact air and rail workers granted authorization to conduct work actions. The upcoming Supreme Court decision could impact all unions, not just those falling under the NLRA.

The case, Glacier Northwest Inc. v. International Brotherhood of Teamsters, Local Union 174, involves a strike action by concrete-mixer truck drivers working for Glacier Northwest in Washington State. The truck drivers asked for better health care options for recent retirees and cost-of-living increases in pay. When Company management refused, the drivers voted to go on strike. 

The strike began after the management ordered many drivers to load their mixers with concrete, which must be delivered to customers the same day. If it is not used in time, the concrete will harden and have to be dumped. Hardening concrete can also damage mixing trucks, although no such damage occurred. The strike began after many drivers filled their mixing trucks or left on deliveries, which meant someone else needed to deliver concrete and rinse the trucks. Since managers had failed to staff adequately, some deliveries had to be called off, and some of the concrete had to be thrown out.



 

Glacier sued the union in state court, claiming the drivers had “vandalized” company property and sabotaged the operation by not completing their deliveries and rinsing their trucks before going on strike. The complaint alleged that the union engaged in trespassing, interfering with company contracts, and civil conspiracy. 

The union argued that the legal strike was protected under the NLRA, and the company could have chosen to find temporary drivers. Moreover, the drivers said that the matter had to be resolved by the National Labor Relations Board, not in state court, since it was a labor dispute.

Additionally, the union pointed out that the trucks were returned to the worksite and left running – precisely to prevent the concrete from hardening. Glacier made the deliberate choice to dump the concrete after refusing to staff the operation in anticipation of a possible strike. This was not a decision made by the truck drivers, and they had no power to force the company to take any set of actions after the strike was called.

In December, the Washington State Supreme Court agreed with the truck drivers and found the lost concrete was incidental to the strike action and that the NLRB is better suited to determine if the drivers did anything unlawful.

 

 In response to the company’s claims, the Washington Supreme Court noted the fact that protected a union job action can, “bring ‘inconvenience and economic loss’ does not render it unprotected.”

Glacier then petitioned the U.S. Supreme Court, asking Justices to overturn the state ruling in favor of the union. In that filing, the company argues that the NLRA should no longer be allowed to pre-empt state tort courts in cases when unions are accused of “intentionally destroying an employer’s property.”

If the Supreme Court ultimately rules against the union, the decision would expose organized workplaces to many new legal threats and draining, pointless litigation. Principally, unions will face the genuine danger of expensive company-funded litigation becoming routine, even if the cases are eventually thrown out. Such a ruling would hand employers the power to baselessly accuse their unionized workers of criminal acts that must be decided in state courts rather than by the Federal Agencies tasked with arbitrating labor disputes.

In 2018, the Supreme Court handed down the infamous Janus v. AFSCME decision, hoping to bankrupt public-sector unions by forcing them to provide union work, marketable skills, and property to anti-union actors on demand. Janus also forces public workers to pay for political and anti-union speech and acts they oppose. Anti-union forces hoped masses of union members, given a chance to collect union wages, work rules, and benefits without helping pay for any of it would seize the opportunity, thus bankrupting organized labor. 

That effort failed. In part because anti-union forces thought unions were as unpopular as they say they are, unaware that more than 70% of American workers support unionism. The Glacier v. Teamsters decision can potentially give a powerful new weapon to billion and trillion-dollar corporations to sue unions out of existence. And this time, unlike under Janus, the High Court might not limit that weapon to certain types of unions under specific Federal regulators. And, this time, it won’t depend on proud union members betraying their coworkers.

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Supreme Court Poised to Renew Attack on Unions

5 October, 2022

On Monday, the U.S. Supreme Court agreed to decide a case that could determine if unions should be forced to cover some financial losses their companies experience due to union actions, such as strikes.

 The case will decide if employers can bypass Federal Labor regulators and sue unions directly in court. Currently, labor disputes are settled by specialized Federal regulators, to avoid tying up the court system and to prevent litigation designed solely for the purpose of harassing or bankrupting unions. The court will decide whether or not to remove those safeguards.

The Court granted Glacier Northwest, Inc., a concrete mixing and delivery company, a request to review an earlier decision by the Washington State Supreme Court, which ruled against the company in favor of the workers. That ruling found that the strike fell under rules set up by the National Labor Relations Act (NLRA) and that companies cannot sue over such conduct. Rather, such matters must be litigated before the National Labor Relations Board. In agreeing to take up the case, the U.S. Supreme Court could potentially reverse the earlier decision. 

Such a ruling could allow companies to sue unions outside of the Labor Board, possibly requiring them to repay employers if they claim union business was unduly burdensome. For example, if a legal, peaceful union job action slowed production, caused canceled deliveries, or spoiled inventory left at worksites by workers walking off the property.

Airlines and other transportation-sector unions are covered under the Railway Labor Act and regulated by a different Federal Agency; the National Mediation Board. Under these rules, airlines must win express clearances from the Federal Government before they can strike. However, the case has the potential to impact air and rail workers granted authorization to conduct work actions. The upcoming Supreme Court decision could impact all unions, not just those falling under the NLRA.

The case, Glacier Northwest Inc. v. International Brotherhood of Teamsters, Local Union 174, involves a strike action by concrete-mixer truck drivers working for Glacier Northwest in Washington State. The truck drivers asked for better health care options for recent retirees and cost-of-living increases in pay. When Company management refused, the drivers voted to go on strike. 

The strike began after the management ordered many drivers to load their mixers with concrete, which must be delivered to customers the same day. If it is not used in time, the concrete will harden and have to be dumped. Hardening concrete can also damage mixing trucks, although no such damage occurred. The strike began after many drivers filled their mixing trucks or left on deliveries, which meant someone else needed to deliver concrete and rinse the trucks. Since managers had failed to staff adequately, some deliveries had to be called off, and some of the concrete had to be thrown out.

Glacier sued the union in state court, claiming the drivers had “vandalized” company property and sabotaged the operation by not completing their deliveries and rinsing their trucks before going on strike. The complaint alleged that the union engaged in trespassing, interfering with company contracts, and civil conspiracy.

The union argued that the legal strike was protected under the NLRA, and the company could have chosen to find temporary drivers. Moreover, the drivers said that the matter had to be resolved by the National Labor Relations Board, not in state court, since it was a labor dispute.

Additionally, the union pointed out that the trucks were returned to the worksite and left running – precisely to prevent the concrete from hardening. Glacier made the deliberate choice to dump the concrete after refusing to staff the operation in anticipation of a possible strike. This was not a decision made by the truck drivers, and they had no power to force the company to take any set of actions after the strike was called.

In December, the Washington State Supreme Court agreed with the truck drivers and found the lost concrete was incidental to the strike action and that the NLRB is better suited to determine if the drivers did anything unlawful. 

In response to complaints that the strike had inspired Company to destroy undelivered concrete. However, as the Washington Supreme Court noted, the fact that protected union job actions can, “bring ‘inconvenience and economic loss’ does not render it unprotected.”

Glacier then petitioned the U.S. Supreme Court, asking Justices to overturn the state ruling in favor of the union. In that filing, the company argues that the NLRA should no longer be allowed to pre-empt state tort courts in cases when unions are accused of “intentionally destroying an employer’s property.”

If the Supreme Court ultimately rules against the union, the decision would expose organized workplaces to many new legal threats and draining, pointless litigation. Principally, unions will face the genuine danger of expensive company-funded litigation becoming routine, even if the cases are eventually thrown out. Such a ruling would hand employers the power to baselessly accuse their unionized workers of criminal acts that must be decided in state courts rather than by the Federal Agencies tasked with arbitrating labor disputes.

In 2018, the Supreme Court handed down the infamous Janus v. AFSCME decision, hoping to bankrupt public-sector unions by forcing them to provide union work, marketable skills, and property to anti-union actors on demand. Janus also forces public workers to pay for political and anti-union speech and acts they oppose. Anti-union forces hoped masses of union members, given a chance to collect union wages, work rules, and benefits without helping pay for any of it would seize the opportunity, thus bankrupting organized labor. 

That effort failed. In part because anti-union forces thought unions were as unpopular as they say they are, unaware that more than 70% of American workers support unionism. The Glacier v. Teamsters decision can potentially give a powerful new weapon to billion and trillion-dollar corporations to sue unions out of existence. And this time, unlike under Janus, the High Court might not limit that weapon to certain types of unions under specific Federal regulators. And, this time, it won’t depend on proud union members betraying their coworkers.


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October Helping Hands: Mental Health Awareness Month

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October Helping Hands: Mental Health Awareness Month

EAP Peer Coordinators:

 
     October is Mental Health awareness month – Helping Hands addresses what a mental health condition is, where you can get good information (heavy emphasis on good), what therapy is about and how to find a counselor. We cover a lot of ground this month, it should be good information to share with your folks. 
 

      The pandemic has made it easier to talk about mental health. Mental health concerns are more prevalent than ever. Please help your folks talk about their issues and encourage them to seek help. As always all of us are available to support you in whatever way you may need. 

Bryan Hutchinson, M.S.
EAP Director

Bryan Hutchinson, M.S.
EAP Director
bhutchinson@iam141.org
Cell: 303-229-5117

Recent Articles

IAMAW District 141’s 69th Convention: Racking Up Four Years of Union Wins

IAMAW District 141’s 69th Convention: Racking Up Four Years of Union Wins

The achievements celebrated at the event included union victories spanning the full spectrum of airport workplaces, including gate and ticket counters, ramp and ground personnel, janitors, security guards, and instructors. Photos: Brian Vega, IAMAW 141 Communications Coordinator

IAMAW District 141’s 69th Convention: Racking Up Four Years of Union Wins

IAM141.org
25 September 2022

The 69th Convention of the International Association of Machinists and Aerospace Workers (IAMAW) drew to a close on Thursday, but not before providing an opportunity to recap a long list of remarkable improvements to airline work since the District’s last Convention, held in 2018.

The event drew hundreds of top labor leaders from the airline industry, representing ground, gate, ticket counter, and other airline workers from every major airport in the US.

The achievements celebrated at the event included union victories spanning the full spectrum of airport workplaces, including gate and ticket counters, ramp and ground personnel, janitors, security guards, and instructors.

Highlighting Union Triumphs in Commercial Aviation

The wins included a historic wave of impressive contractual agreements throughout the commercial aviation industry. These included the 2020 negotiation of a first contract at SM Cargo, which was overwhelmingly ratified by the newly organized membership. Another agreement, this one for janitorial workers at Flagship, was approved unanimously by every union member at the company. 

Union Members also overwhelmingly ratified a 2021 agreement at Spirit, the second union contract for fleet service workers at the airline.

“We were extremely proud of the overwhelmingly ratified agreement we negotiated at Spirit Airlines,” said District President Mike Klemm, who led the Convention. “This was only the second contract we negotiated with the carrier, and we all know how challenging those first contracts are to accept for newly organized groups,” he told the delegation. “Our members received wage increases that are, on average, 30% higher than they were previously,” he said to applause. 

“Lead premium increases mean more opportunities for double-time pay, we established new training positions which allow our members to earn even more income from the work they currently already do,” he continued. “But, this Agreement also brings paid vacations to part-time agents. And, for some of those folks, this will be the first real paid vacation they’ve ever known,” Klemm said of the Spirit Agreement. “For those of us at legacy carriers, paid vacations are a normal part of life, but these folks were able to negotiate the first-ever paid vacations, making history at Spirit Airlines.”

 

Last Tuesday, Union Reps attended a formal signing ceremony for the most-recently ratified Agreement at Hawaiian Airlines, which was secured earlier this year. That Agreement will provide significantly improved wage increases and seniority protections for part-timers. Part-timers will also gain access to family health care for the first time in the carriers’ existence. It will also provide better flexibility with day and shift trades and impose financial penalties when the company intrudes on workers’ personal and family time with mandatory overtime.

At United, Calls For Union Members to Email Company Executives

But the main topic at the Convention centered around the contentious negotiations with United Airlines. Although the carrier had committed to producing a solid tentative agreement for union members to vote on by August 1, the talks broke down after weeks of company stonewalling.

 

“The days of Oscar Munoz are over,” President Klemm said of the negotiations. “Oscar was a people person. He cared about people, and he cared about the airline. And, we rewarded that commitment. After that Agreement was reached, United Airlines experienced the best financial success in the history of the carrier,” he went on. “And we showed up. During the pandemic, we couldn’t work from home, or from behind a desk. We were there for this airline when it mattered most. We were there when the carrier went to lawmakers for emergency funds to get through the months when travel was nearly impossible. We produced thousands of calls and visits to lawmakers, securing the money the company needed to survive,” he said.

“The thanks we get for that sacrifice is a slap in the face offer so insulting to this membership that talks broke down through the entire month of August.”

“They’re saying that our members don’t really care about job security, and pay raises that wouldn’t even buy half a gallon of gas are ok,” he said.

“All we’re asking for is that, if we are willing to do right by this company, then this company should do right by us. That’s all we’re asking. If we show up to work, do our jobs well, and honor our commitments to this company, then United should be willing to say, in writing, that they will not arbitrarily decide one day to eliminate or outsource our jobs,” he said to roars of applause from the assembled delegates. 

President Klemm also told the Convention that the recent solidarity actions around the nation have been effective. “They got flustered,” he said. “They didn’t expect to see all the “Contract Now’ signs. They didn’t expect to have their inboxes flooded with emails. When they saw that outpouring of solidarity, they got rattled.” Klemm encouraged the union to step up its already impressive email campaign, as company executives can’t miss personal messages in their inboxes. “If you’ve already written to Kirby, do it again,” he said. “Do it every week. If you know someone that normally sits quietly and lets things play out, encourage them not to sit this one out,” he said. “I have seen how those emails have made the company rethink their position with my own eyes.”

 

For pointers, Klemm told the delegates that personal stories are more effective than insults when writing to Kirby and other company executives. “Tell them how inflation is affecting your family. Tell them how important your job is to you,” Klemm said. “We think that 60% of our members at United have yet to send an email to the company. That means we have a lot more in the tank. If they’re already getting nervous, imagine what can happen if thousands more of us join in.”

JetBlue Files For Representation

The Convention is coming to a close as JetBlue organizing begins a new phase; 3000 Ground Operations Crewmembers successfully filed for a union representation vote at the airline, a first for ground crews. On Friday, the Machinists Union announced that it would file for a union representation vote with the National Mediation Board, the Federal agency that oversees labor law for airlines. The efforts to organize ground operations at JetBlue are led by inside committees staffed by current JetBlue workers. Sensing the campaign was reaching a critical stage, these committees opted to skip the Convention and continue their organizing work.

Even without its entire cadre of organizers, union growth was prominent at the Convention. Speaking at the event was Amazon Labor Union activist Tristan Lion Dutchin, whose efforts to organize the first-ever union at the shipping giant led to his unlawful termination from the Staten Island Facility where he had been employed. His story earned international headlines and helped secure an eventual union win at Amazon. Machinist Union delegates at the Convention, moved by his story, raised a little over $2,000, which they awarded to Dutchin in honor of his dedication to the cause of union organizing.

This was just one of the rounds of donations delegates raised for important charities. Guide Dogs of America, which provides service dogs to veterans, children with autism, and visually impaired persons at no cost, was also championed at the Convention. In all, delegates raised approximately $17,000 for charitable organizations and causes.

Held in Orlando, Florida, from September 20-22, the 69th Convention of Machinists Union District 141 drew 224 delegates from Local Lodges around the nation. Also attending were Machinists Union senior leaders, including General Vice President Richard Johnsen. Johnsen is spearheading a range of innovative new programs at the union, including strengthening alliances with other labor organizations, ensuring that new hires are connected to the larger union, and creating a movement-driven mission for labor. The comments fit into the larger vision that Johnsen has painted for unionism as a vital social cause – and more than a set of membership services.

“All around the nation, people are starting to see the value of their labor and wondering where they fit in. We can be that for them; their work has incredible value to unions and working people. At the end of the day, companies only value money. We, as working people, can be so much more. We can help each other spend more time with our families, work in safer environments, and earn better livelihoods in more rewarding careers. We can do that by acting in union, and bringing the power of collective action to bear for working Americans.”

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FAREWELL, OLD FRIEND!
Tony D bid a heartfelt farewell to the many whose lives he’s touched over his long career as District Safety Director today. After an illustrious tenure, he is finally taking a much-deserved retirement. His dedicated service to Machinists Union members was honored with a touching tribute, read formally before the Convention delegates, along with hugs and well-wishes. Congratulations on a truly remarkable career, Brother Tony.

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IAM Files for Union Representation Election for Approximately 3,000 JetBlue Ground Workers

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23 September 2022

WASHINGTON, Sept. 23, 2022 The International Association of Machinists and Aerospace Workers (IAM), North America’s largest airline union, today announced that it will file an application with the National Mediation Board (NMB), the federal agency that conducts union representation elections in the airline and railroad sectors. The IAM has sufficient interest among JetBlue Fleet Service workers to conduct a union representation election.

“I congratulate all JetBlue Ground Operations workers for uniting in solidarity and demanding that a union representation election be conducted,” said IAM International President Robert Martinez Jr. “It’s been a long road for these brave workers to get to this point, and the IAM stands shoulder to shoulder with them. We will mobilize our union’s significant resources to ensure that these brave and resilient JetBlue workers have a fair and free election.”

JetBlue Ground Operations workers rebooted their efforts to gain union representation in 2021 after working through the COVID-19 pandemic, which caused the worst financial downturn in the airline industry’s history.

“It’s high time that JetBlue workers gain the dignity and respect of a union contract, and a strong voice on the job,” said IAM Air Transport Territory General Vice President Richard Johnsen. “When our country needed essential goods and services to where they were needed most during the pandemic, JetBlue workers answered the bell and risked their lives and health to make that happen. What did they get from management? They got their hours and pay cut because they didn’t have a seat at the table. That will end very soon.”

“I also fully expect for JetBlue management to adhere to the law and allow JetBlue workers to vote without influence, coercion and interference from JetBlue management. If not, we will leave no stone unturned to hold them accountable,” continued Johnsen.

JetBlue workers have cited below-standard industry pay rates and benefits, poor and unsafe working conditions, unjustified discipline and terminations, among many other issues as reasons to gain IAM representation and a seat at the table.

“JetBlue workers are a smart, strong and determined group of workers and we can’t wait to welcome them into the IAM family,” said IAM District 141 President Mike Klemm. “The IAM will support JetBlue workers in getting to and winning this election and negotiating a union contract that reflects their true value to JetBlue Airways.”

The International Association of Machinists and Aerospace Workers is one of the largest and most diverse industrial trade unions in North America, representing approximately 600,000 active and retired members in

the aerospace, defense, airlines, railroad, transit, healthcare, automotive, and other industries.

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