Originally Posted by
Karnak
Section 1.A defines who the bargaining agent is. it's unambiguous. What is a little ambiguous is the way the NMB views company actions during an organizing drive, or an election. Delta has earned re-voting for their actions during union elections. But this is not a union election. it's an organizing drive.
Section 24.P grants ALPA specific access. Past practice is a blurry concept in labor law, since even the NMB has reversed itself at least twice in the past few years on the voting requirements. Delta must comply with the RLA and LMDRA, which recognize the authorized bargaining agent's status. DPA has no special status under RLA or LMDRA, so Delta doesn't have to give them access. The interim president of the DPA has written a complaint letter about being kicked out of the DTW pilot lounge area. It's a complaint, not an injunction.
newK listed a few cases that matter for factory workers. They are not applicable to us. We aren't governed by the NLRB. We fall under the NMB because we are governed by the RLA. We have special tax provisions, work rules (duty time), medical standards, and union rules (eg - contracts that never "expire").
Have fun with this stuff.....
RLA § 156. Procedure in changing rates of pay, rules, and working conditions
Carriers and representatives of the employees shall give at least thirty days' written notice of an intended change in agreements affecting rates of pay, rules, or working conditions, and the time and place for the beginning of conference between the representatives of the parties interested in such intended changes shall be agreed upon within ten days after the receipt of said notice, and said time shall be within the thirty days provided in the notice.
RLA Mandatory Bargaining Requirement Case
Virginia Ry. v. System Fed'n No. 40, 300 U.S. 515, 548 (1937)
RLA Video Surveillance Cases
Pinnacle Airlines Corp., 29 NMB 398 (2002)
Aeromexico, 28 NMB 309 (2001)