Originally Posted by
jamesteroh
^ And the PMNW's should be grateful they are still employed. They were HIRED by NW NOT DELTA. Delta ACUIRED them, they did not hire them. The company that hired them is no longer in existance. They need to play by the rules of the company that ACQURIED them.
The ignorance in the content this post knows very few bounds.
DiverDave was correct. The union's contract had a successorship clause that would ensure the contract and its protections remained in force in the event of a merger.
3Cforme--without checking my RLA "bible," that minimum number in a normal representation effort is 35% of the combined workforce. I don't think that number applies in a merger/takeover of two different sized carriers--once a "single carrier" declaration is made by the NMB, they will usually call an election.
The legal requirements for the NMB to overturn the vote results and decertification are pretty well spelled out within the Railway Labor Act and in its associated case law. The evidence would have to prove an institutional effort was made by DL to "taint the laboratory conditions" of the election. This must be proved in a prima faice manner--with very few doubts. Any individual actions by employees are not included. Even with a sympathetic administration and board the case would've likely gone to court and lost.
What's the best news out of all this? There is now a one year bar period on any organizing activity at the airline! We won't have to have this argument again until November of 2012!