Our Road To Expedited Mediation
2012-2016 Contract
Background
In July 2011, the United Master Executive Council (MEC) conducted our regular Summer MEC Meeting. This was the first meeting following the successful election of the Association of Flight Attendants (AFA) as the representative for Flight Attendants at the new United Airlines.
On the heels of this election, United Flight Attendants had amassed a great deal of Solidarity, enthusiasm, energy and momentum; and were excited by the prospect of moving forward, together. The issue of representation had been decided, management’s last remaining obstacle in our negotiations was now behind us; it was time for a change in the dynamics of our negotiations.
On July 9th, 2011, the United MEC conducted a special meeting to deliberate how best to use this Solidarity in pursuit of a more aggressive approach to our Section 6 negotiations. While the MEC has continually met and evaluated our approach in negotiations since the beginning, there were two elements that provided us an opportunity:
- Our success in the representation election
- A new National Mediation Board (NMB) program for Expedited Mediation
Our negotiations were at a crossroads. Using our energized momentum in an approach modeled after the new NMB program, we could create a process for reaching a resolution to our negotiations quickly on a limited number of items. This would set the platform for additional improvements and negotiations to follow in Single Contract negotiations immediately following the successful conclusion of our Section 6 process.
Unanimously, the MEC determined this was the right time and the right decision to advance our goal of achieving a Contract sooner rather than later that addressed the top priorities of United Flight Attendants. On July 10th, the MEC called on management to join us in working together to quickly reach a Section 6 Agreement.
A Common Goal
Both AFA and United management share a common goal of achieving a new Collective Bargaining Agreement for Flight Attendants. The benefit to United Flight Attendants in reaching an Agreement is to achieve long-overdue improvements to our Contract now. A benefit for management is that the sooner we conclude our Section 6 process, the sooner they are able to work towards Single Contract negotiations. Only after we conclude these processes can management combine United, Continental and Continental Micronesia Flight Attendants. A Single Contract, a single Seniority List and a single airline is a scenario that provides everyone an opportunity to benefit from this merger.
Protocol Agreement Reached
After reaching an agreement with management on the principals of an Expedited Mediation, we set about the work of putting together how the mediation sessions would be structured to provide the best chance for success. The result of these discussions was a Protocol Agreement, which was reached on September 2, 1011 that defined the structure and timing of the Expedited Mediation process. This Agreement specified that we would conduct intense mediation over a defined period of time, which focused on a limited number of issues.
AFA and management presented our Protocol Agreement to the NMB, for their consideration to support our proposal. In order to receive the support of the NMB our Agreement needed to be structured in such a way that the NMB believed there to be a high probability for successful resolution to our Section 6 process. Believing these criteria had been demonstrated the NMB agreed to dedicate their efforts, time and personnel towards this endeavor.
All three parties: AFA, United management and the National Mediation Board are committed to making this process work, and to provide the mechanism for a successful resolution. We are pursuing the right course, at the right time towards the right solution.
Our Protocol Agreement requires a minimum of 5-days per session, with more frequent meetings. Our Agreement also stipulates the number of Major Issues AFA and management may bring to the table is 12. A major issue will not be an entire Section of the Collective Bargaining Agreement (CBA), but instead will be a specific sub-section and/or provision of the current CBA and/or included in a previous proposal to be resolved during these negotiations. Neither party has the ability to “veto” the other’s issues.
A Different Process
Expedited Mediation provides us with a path forward to achieving a Tentative Agreement (TA) sooner rather than later. Further, upon a successful conclusion to Expedited Mediation and a ratified TA, our community of Flight Attendants will begin Single Contract negotiations. Therefore, the decisions we make today set the foundation for the success of our future negotiations.
It’s important to understand that the process for Expedited Mediation is inherently different than the negotiating process we have been utilizing. For example, the parties will exchange proposals at the start of each session on the issues that have been placed on the agenda for that session. Accordingly, there were no comprehensive Opening Proposals exchanged with management prior to the start of these negotiations.
By design this process will move quickly and will require diligence and a spirit of good faith to reach an Agreement.
NMB Adds Additional Support
In addition to our current mediator, John Livingood, the NMB has assigned senior mediator Patricia Sims to join the parties at the negotiating table.
Patricia Sims joined the National Mediation Board in November, 1997, as a Mediator. Currently, she serves the Board as a Senior Mediator, responsible for the supervision of half of the mediator corps and the administration of mediation cases in the airline and railroad industries. She also remains active as a mediator in airline and railroad cases, and as a trainer and facilitator in Alternative Dispute Resolution (ADR) cases.
Prior to joining the NMB, Ms. Sims was President of Conflict Management Systems, where she offered mediation services, facilitation, interest based training and dispute systems design. She is a certified mediator with the Supreme Court of Virginia and received her mediation training at Harvard Law School and the Private Adjudication Center affiliated with Duke University School of Law. Ms. Sims' background encompasses extensive labor-management experience derived from 12 years in the airline industry. She held full time Union positions with the Association of Flight Attendants from 1989-1995.
The Power of Solidarity
This is an exciting opportunity and we are optimistic about the potential these negotiations provide for our community of Flight Attendants. Our ability to negotiate is directly related to the support of you standing firmly behind us at the table. We create the opportunity through negotiations; you provide the power to make it happen through our Solidarity.
By wearing your AFA pin every time you put on your uniform you demonstrate to management your support of our Negotiating Committee. This is a powerful message to management that we mean business and expect them to step up to the plate and get this done.
Return to 2012-2016 Expedited Mediation