OUR LEGAL RIGHTS

 

 
 
 
 
 
To report interference, please complete both pages of the Interference Report and return the forms to:
Ed Gilmartin,
Association of Flight Attendants
501 3rd Street NW
Washington, DC 20001
Please direct interference inquiries to:
Ed Gilmartin, egilmartin@afanet.org
CC: Deirdre Hamilton, dhamilton@afanet.org


 

 
 
Our Legal Rights
Keeping it Fair
 
All incidents of management/supervisory interference should be documented on an Interference Report and sent to AFA. In addition, you should inform your supervisor that her/his actions may be cause for fines and/or imprisonment.
 
Be aware of the guidelines that must be followed when conducting organizing activities in the lounge.
 
Our Rights as Flight Attendant Activists
 
Management Interference During Union Organizing Campaigns Is ILLEGAL.
 
The Railway Labor Act ("RLA") is the federal statute that governs labor relations in the railroad and airline industries. One of the primary purposes of the RLA is to guarantee employees the right to organize and select a bargaining representative without "interference, influence, or coercion" by the airline, its managers or representatives.
 
The National Mediation Board ("NMB"), the government agency that supervises union elections under the RLA, has found the following carrier actions to be unlawful:
 
  • Threats to withhold benefits if employees unionize: It is a common tactic for management to threaten to take away or reduce benefits if employees decide to unionize.
  • Conferral of benefits once the organizing campaign begins: Conversely, carriers have also timed the introduction of new or enhanced benefits (for example, a wage increase, increased per diem, new 401(k) plan, etc.) to be implemented after the union organizing campaign has begun. Such benefit enhancements are unlawful if they are timed to influence the employee's vote in the representation election.
  • Surveillance, interrogation or polling: Airlines are prohibited from placing Union supporters under surveillance, interrogating employees on their union sympathies, or polling them on whether they support the union.
  • Ordering removal of union pins or insignia: Employees are permitted to wear discreet union pins and insignia while on duty. Carriers cannot ban the wearing of union insignia, particularly when the carrier permits the wearing of non-union insignia.
  • Discipline of union supporters: Carriers cannot discipline employees for engaging in union activities or speaking in favor of unionization.
  • Captive audience meetings: Company-run employee meetings that are designed to dissuade employees from voting for union representation are unlawful.
  • Voluminous company communication: Although management and their representatives can communicate the company's opposition to a union campaign, when that communication becomes so voluminous that it overwhelms the employees' right to be free from interference or coercion, it becomes unlawful carrier communication.
 
In addition to these specific acts, any other carrier activity that is designed to undermine support of unionization will be considered by the NMB in determining whether carrier interference has occurred.
 
If you feel your right to organize is being interfered with, please fill out an AFA Interference Incident Report