Negotiations: On Tuesday, July 21, 2015 your negotiating committee, along with Steve Nagrotsky, the I.B.T. Airline Division Deputy Director, met today with Amerijet at Amerijet headquarters in Ft. Lauderdale, FL. Please read below for an update in regards to or current status:
Amerijet has provided Teamsters Local 769 with a counter proposal, in which Amerijet labeled their counter as a “Last and Best Final”. Based off of their counter labeled as a “Last and Best Final” that has forced Teamsters Local 769, under the direction of International Brotherhood of Teamster Airline division to proceed to the next step and that is to file for mediation with the National Mediation Board. Currently, I.B.T. is assisting the Local to process the necessary documents to begin the process. Below are some bullet points in regards to the process and steps.
- Union files paperwork for Mediation with National Mediation Board (NMB)
- NMB assigns a Mediator (government agent) to oversee the mediation process
- Mediator sets location of meetings, dates of meetings and length of negotiation sessions
- Mediator cannot force either side to agree to anything
- Mediator tasked with facilitating both sides to come to an agreement on open items
- Once all items are agreed to, end result voted on by membership
- If there are still open items, Mediator decides when there is NO more movement from the parties
- Once Mediator decides there is no more movement, the Mediator takes our case to the National Mediation Board members for review and request for release of the parties
- There is a mandatory 30 day “cooling off” period
- If we get a release from the Board, we can seek self help
Your negotiating committee, along with Captain David Bourne, I.B.T. Airline Division Director and Steve Nagrotsky, I.B.T. Deputy Director have reviewed the “last and best final” in full detail. Under our I.B.T. constitutional bylaws, the director of the division has the authority to decide whether or not the last and best final gets voted on by the membership. Based on the substandard inadequate language, the Company has proposed we could and will not endorse nor recommend this last and best final going up for vote. A major open section is Amerijet’s position that the CBA is not applicable outside the USA (POS and POS like operations), that itself is something that we can NOT agree to. Below is a list of some of the open items:
- Foreign Bases
- Successor/Merger Protection
- New Aircraft/weight
- Publishing RDO awards to all crewmembers
- Protection from discipline during legal job actions
- Temporary Domicile/Base Vacancies and per diem
- Furlough and Displacement
- P.F.E. CBA
Your committee notified the Company today, in person, that based off of their “last and best final”, Amerijet has left us no other choice but to file and proceed to NMB mediation. “This notification could have been submitted by regular mail however, I feel strongly that this notification should be done in person.”, said Teamsters Local 769 Business Agent David Renshaw. ” I would like to add that your committee has worked countless hours in the hopes of obtaining an agreement that we can proudly put forth in front of you and your families and we will continue until we have reached that tentative agreement. Your committee and I want to continue to negotiate with Amerijet in order to attain these goals.”
David continues, “Amerijet has come up considerably on the wages, (driven by airline industry standards), though the wages are very important, the above mentioned open sections have just as much bearing……..if not more. I will not allow this proposed substandard industry language to be bought and driven by wages only. I truly understand you folks would like details. Now that we are at this stage, I will be able to provide the details that you are inquiring. Now, the following will take place, multiple up and coming conference calls, along with multiple meetings in Dade and Broward. I look forward to the above calls and especially the face to face meetings to meet you folks and to place the rumors to rest.”
11th Circuit Court (grievance updates):
Amerijet appealed a ruling issued by a three-judge panel (two of whom were 11th Circuit judges and one a trial court judge acting as an appellate judge by appointment on this and other cases heard in Miami in January 2015). The judges unanimously ruled in favor of the Union on the issue of arbitration and advancing deadlocked grievances to arbitration. Amerijet filed in one pleading two separate requests – a motion for reconsideration and a motion for “rehearing” “en banc.” A motion for reconsideration is just that – asking the same judges to reconsider their ruling and reverse it. A motion for rehearing “en banc” seeks a new oral argument in front of all of the 11th Circuit’s appellate judges and a vote by all of those judges on the case. Both of those motions were denied by the 11th Circuit last week.
Now the 11th Circuit will issue a “mandate” – that means the decision is final, at which point in time the case goes back to the trial court judge for entry of an order that complies with the 11th Circuit’s ruling. This may take many months.
Amerijet may also appeal to the Supreme Court. It does so by filing a “petition for writ of certiorari.” The Supreme Court has discretion over whether it will hear an appeal in most cases; it has the liberty to decide it will not hear a case on appeal. “I cannot predict whether this case holds any appeal for any of the Supreme Court justices.”, said Teamsters Local 769 Business Agent David Renshaw.
Teamsters Local 769 will keep you up to date on all developments related to these or any issues concerning our Amerijet brothers and sisters. Keep checking back here or subscribe to our website to receive email updates the moment news breaks. You can also stay connected using any of our social media pages by clicking here.