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By Daniel Baxter |
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February 17, 2011 - National Labor Relations Board
(NLRB) Administrative Law Judge Bruce Rosenstein issued
his decision February 15 in the unfair labor practice
case filed against the Air Line Pilots Association,
International (ALPA) by Unit 1.
Unit 1 is the labor union that represents the
professional employees that work for the Air Line Pilots
Association, International (ALPA).
Judge Rosenstein found that ALPA had committed all of
the unfair labor practices alleged in a complaint filed
in 2009 by the NLRB based on charges submitted by Unit
1.
In Rosenstein ruling, the administrative law judge found that ALPA had violated the National Labor Relations Act (NLRA) when it illegally laid off 12 employees and imposed changes to pay, fringe benefits and work rules before the two sides reached a lawful impasse in bargaining. |
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“This
ruling confirms what Unit 1 has been saying for the last two
years,” said Don McClure, Unit 1 president, “that ALPA acted
unlawfully and has repeatedly ignored the law and the rights of
its own employees.”
In March
2009, Unit 1 filed a charge of unfair labor practices against
ALPA management with the NLRB. The in-house union contended ALPA
management failed to meet its obligation to disclose information
requested by Unit 1 about ALPA’s plan to conduct employee
layoffs in early 2009. Unit 1 also claims ALPA management failed
to meet its obligation to bargain over the planned layoffs in
violation of the NLRA.
In a May
2009 move unprecedented in the half-century of the relationship
between ALPA and Unit 1, management at ALPA unilaterally imposed
changed pay, fringe benefits and work rules on their unionized
Unit 1 professional staff after contract negotiations between
the two failed to produce an agreement. Unit 1 filed a charge
over this imposition of the changes without bargaining to
impasse, which was then added to the complaint.
The
ruling, which can be viewed on the NLRB website, outlines
several remedies including rescinding the imposed terms and
reinstatement and make whole of the employees who were laid off.
The Board estimates that the backpay ALPA owes the 12 Unit 1 employees who were illegally laid off currently exceeds $700,000, and Unit 1 estimates that it will cost ALPA well in excess of $2 million to rescind the unilaterally imposed terms. |