September 3, 2021
Dear American Airlines Mechanics and Related Employees:
On September 2, 2021, the National Mediation Board (NMB) issued its decision on AMFA’s Appeal of the NMB Investigator’s Rulings regarding the challenges and objections filed by the TWU/IAM Association and the Aircraft Mechanics Fraternal Association (AMFA) to the December 4, 2020, proposed Eligibility List of American Airlines (AA) containing 13,211 individuals less duplicative entries.
The NMB decision rubber stamped the Investigator’s Rulings which determined that the number of eligible voters as of the November 6, 2020 cut-off date is 14,403, except that the NMB removed one person from the list making the number of eligible voters 14,402. The TWU/IAM Association argued to add 1,200 individuals, of which the NMB did not remove the following on appeal:
- 4 deceased individuals,
- 3 retirees,
- 620 Voluntary Early Out Participants,
- someone working for another carrier,
- 130 flight simulator engineers,
- 250 Fleet Service Employees on tow teams moving aircraft, and
- 116 employees not performing deicing
AMFA initially filed 7,759 total cards with the NMB, including the 7,228 prior to its appeal against the 14,402 ruled eligible by the Investigator yesterday; according to AMFA’s calculations, AMFA had a sufficient number of authorization cards. Therefore, the sufficient number of cards signed by the AA Mechanics and Related don’t lie, the only reasonable explanation for the NMB’s decision that AMFA had an insufficient showing of interest is that AMFA authorization cards were removed by the Investigator as invalid during the matching process with the signature samples of employees provided by American Airlines. Federal court precedent indicates that the scope of review for NMB decisions is extremely narrow and extremely deferential to the NMB, thereby making any challenge to any NMB decision in this context an exercise in futility. The scope of judicial review of NMB decisions under the Railway Labor Act is “one of the narrowest known to the law.” International Association of Machinists & Aerospace Workers v. TWA, 268 U.S. App. D.C. 130, 839 F.2d 809, 811 (D.C. Cir,), amended, 848 F.2d 232 (D.C. Cir. 1988).
AMFA is always transparent with our union members because we respect employee choice and never forget that our power as an organization comes from you -- AMFA Powered By Our Members. Thank you to your grassroots organizers for their diligence and dedication through this long process. While we were unsuccessful in our quest to unite your group with AMFA, this is certainly not a victory for the TWU/IAM Association as this process exposed tangible critical flaws within their structure and what their members want and deserve.
Assistant National Director