December 24, 2024
On September 18, 2024, Alaska Airlines completed its acquisition of Hawaiian Airlines. Since then, Alaska has started combining the two airlines. Alaska has chosen, however, to sit on the sidelines as it relates to combining the Alaska AMFA-represented M&E Employees with the Hawaiian IAM-represented M&E Employees.
Alaska appears to be taking a wait-and-see approach as it relates to combining the mechanics and related workgroups until the National Mediation Board (NMB) determines a single union to represent the combined workforce. All other unionized groups at Alaska and Hawaiian are represented by the same union, and Alaska has worked with each of these groups to facilitate transition process agreements and seniority list integration as they work toward single collective bargaining agreements. The M&E employees at Alaska and Hawaiian are the only groups represented by separate unions.
In AMFA’s opinion, Alaska’s current do-nothing approach to facilitating the seniority list integration (SLI) process between AMFA and the IAM is short-sighted and does not fulfill the intent of applicable law or our CBA as it relates to this issue. A federal law, referred to as McCaskill-Bond, was designed to ensure a fair and equitable seniority list integration process for airline employees involved in a corporate merger or related transaction. And, similar to Article 3, Paragraph F of our CBA, McCaskill-Bond requires that the seniority lists of the two pre-merger groups be combined in a fair and equitable manner pursuant to Sections 3 and 13 of the Labor Protective Provisions found in a 1972 Civil Aeronautics Board (CAB) decision referred to as Allegheny-Mohawk.
This fair and equitable process contemplates that the carrier and pre-merger groups attempt, through bargaining, to arrive at an integrated seniority list; and failing a negotiated seniority list, submission of the issue to final and binding arbitration. CAB case law has recognized a duty on the carrier to facilitate this process. For example, Southwest Airlines, following its acquisition of AirTran, assisted with this exact process between AMFA and the International Brotherhood of Teamsters (IBT) prior to an NMB determination on representation.
Therefore, in AMFA’s view, the first step is for Alaska to facilitate the negotiation of an integrated seniority list between AMFA and the IAM. The Alaska AMFA ALRs and AMFA Legal have conveyed this position to Alaska Labor Relations and its counsel. Following that discussion, Alaska advised it would consider AMFA’s position and follow up accordingly. However, multiple weeks have now elapsed without a response from Alaska on this issue.
Alaska’s decision to drag its feet with respect to the facilitation of the SLI process between AMFA and the IAM is, in AMFA’s opinion, a short-sighted approach that may significantly delay any realization of the labor-related synergies Alaska hopes to capture from its merger with Hawaiian. The existing differences between Alaska and Hawaiian maintenance operations cannot be properly addressed in the absence of a merged seniority list and joint collective bargaining agreement. In addition, Article 3, Paragraph F.2.c. of the AMFA-Alaska CBA provides as follows:
The aircraft (including all orders and options to purchase aircraft) and the maintenance operations of each pre-transaction air carrier will remain separate until such time as the seniority lists for the technician and related groups are integrated and the collective bargaining agreements are combined in accordance with Subparagraphs F.1 [seniority integration] and F.2 [single CBA] herein. (emphasis added)
AMFA has reminded Alaska of this obligation under our CBA, and if necessary, will take all legal action necessary to enforce the provision.
In AMFA’s view, the most effective and expeditious process to combine the two pre-merger groups would be as follows:
- A seniority integration/transition process agreement between the carrier(s), AMFA and the IAM.
- Seniority integration process as discussed above resulting in a single seniority list.
- Single carrier application with the NMB to determine Union representation.
- Negotiation of a transition agreement to integrate the two pre-merger carriers’ employee groups into a single collective bargaining agreement.
As with the acquisition of Virgin America, any SLI and/or Transition Agreement will be submitted to AMFA members for approval by a ratification vote.
AMFA continues to review all potential options to promptly move this integration forward while protecting our members, our CBA and future representation of the single combined group.
For more details on this process, please review the memo from the National and Local Presidents Dated September 26, 2024. If you have questions, please do not hesitate to contact your ALR or National Officers.
We wish you and your families a wonderful Holiday Season.
Earl Clark
Region I Director