May 11, 2012
VIA E-MAIL, FACSIMILE AND FIRST-CLASS MAIL
Linda Puchala, Chairman National Mediation Board
1301 K Street, N.W., Suite 205E Washington, D.C. 20005-7011
Re: NMB Case Nos. A13589-90 United Airlines-ALPA
Dear Chairman Puchala:
As the Board is aware, ALPA is bargaining for a joint collective bargaining agreement (JCBA) covering both United and Continental pilot groups with United Continental Holdings, Inc. (the Company). The parties initiated joint negotiations -- i.e. negotiations between the two pilot groups and the Company for a JCBA -- in May of 2010. The parties jointly requested mediation in December of 2010 and mediated negotiations were initiated on February 28, 2011, and the parties have been in mediated bargaining since that time.
Recently, the United and Continental pilots and the Company, with the Board’s assistance, have committed to an expedited schedule of intense negotiations and mediations with the goal of completing a JCBA between now and mid-June. Still, after many months and years of direct negotiations and mediation, ALPA strongly believes that it is necessary to bring new factors to bear on these negotiations in order to bring them to conclusion.
Where, as here, despite intense and prolonged effort, mediation has not succeeded, Section 5, First of the Railway Labor Act, as amended, provides that the Board shall proffer arbitration, but, if arbitration is refused by either party, “the Board shall at once notify both parties in writing that its mediatory efforts have failed.” This last step, as you know, constitutes a release from mediation, although even such a release is typically followed by further mediation efforts in the public interest.
For all the reasons that Congress long ago placed these powers in the Board, the possibility of a successful agreement at this time will be increased by the Board’s taking the actions described in Section 5, First. Accordingly, ALPA requests that the Board further assist the parties to bring about an agreement by proffering arbitration, and if not accepted by both parties, issuing a release under Section 5, First of the Act.
Linda Puchala, Chairman National Mediation Board May 11, 2012
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In making this request, we emphasize, once again, our commitment to a negotiated outcome by mid-June, and we ask that the Board continue to use its powers under the Act in order to improve the chances of success. If there is any other information that you require, please don’t hesitate to contact us.
Respectfully submitted,
Captain Donald L. Moak
President
Air Line Pilots Association, International
cc: Harry Hoglander, NMB Board Member
Elizabeth Dougherty, NMB Board Member
J. Heppner, United MEC Chairman
J. Pierce, Continental MEC Chairman
Bruce York, Director, ALPA Representation De