IOE Instructors, Special Assignment Training, Pursers and lead flight attendants could potentially find their union membership and contractual rights jeopardized by a recent decision of the Bush-appointed National Labor Relations Board (NLRB).

What would you do if you woke up tomorrow and found out that you had lost the right to be a union member and the contractual protections that go with it? That’s the nightmare scenario facing workers in other industries as a result of a recent decision of the Bush-appointed National Labor Relations Board (NLRB). This ruling does not apply to the airline industry as we are covered under a separate and unique law, the Railway Labor Act (RLA), but we all need to ask ourselves: “what if they turn their attention to our rights next?”
 
On October 3, the NLRB voted along strict party lines--three Republicans vs. two Democrats--to allow for a broader definition of who is a supervisor. The ruling essentially enables employers to classify as a "supervisor" any worker who has the authority to assign or direct another employee and who uses independent judgement. This decision could allow employers to strip the right to belong to a union and have union protection from millions of workers, simply by manipulating titles and job descriptions.
 
Previously, the NLRB has always ruled that only people who have the authority to hire, fire, discipline, evaluate or promote employees are ineligible to belong to a union because they are supervisors. The decision in this case, referred to as the "Kentucky River decision," allows for employers to more broadly define who is in a supervisory role.  Besides the broader definition of supervision, the board also ruled that a worker can be classified as a supervisor if they spend as little as 10-15% of their time overseeing the work of others. Workers without any authority over working conditions, staffing levels, pay, or any other management power could lose their right to union representation.
 
While this case only applies immediately and most directly to nurses, others such as those employed in construction and in occupations where it is common for a more senior or experienced worker to play a role in directing the work of fellow employees, now find their union membership and protection jeopardized. The ruling also goes so far as to allow for classification as a supervisor anyone who could potentially fill that supervisory role at any time.
 
This ruling does not immediately apply to the airline industry. However, as we have seen in recent years, loopholes that allow management to successfully strip employees of their union rights and benefits in one industry will serve as a model for management in other industries. Our members have suffered under bankruptcy laws that are stacked against employees, condoning unscrupulous management of our airlines. What one airline management team gets away with, others follow suit. Now, those tactics are spreading to the auto industry and others where managers are declaring bankruptcies and employees are suffering.
 
It may only be a matter of time before airline management decides that, under this broad definition, pursers and lead flight attendants meet the definition of “supervisor,” as would those who are simply qualified to perform those roles. Thousands of current AFA-CWA members who enjoy union protection and contractual benefits could soon find themselves denied any union protection or contractual rights and benefits. This is obviously something that we will fight, but in the current, pro-corporate, political environment the deck is stacked against us.
 
This ongoing assault by the Bush Administration and the Congressional Republican leadership aims to strip unions of their ability to fight for and protect the rights of workers. The good news is that we have an opportunity to reverse this ruling and stop this insidious movement to deny thousands of flight attendants of our union rights. The House of Representatives and the Senate could pass laws to undo this decision. Under the current Republican leadership, that is not likely to happen. However, on November 7, you have the opportunity to send to Congress people who will stand up to this assault on union members. By giving the Democrats control of the House and Senate, pro-union Congress members will be in the important law-writing positions to change the course.   Under the status quo, things do not look bright.
 
Vote on November 7 as though your jobs and union protection depend on it…because they do.