Q: If this TA doesn’t pass, did the Company say they won’t return to the table?
If TA does not pass, absolutely we will demand the company come back to the table. We would still be in mediation so the National Mediation Board (NMB) would have to schedule the meeting dates. The failure of the TA was never discussed with management.
Our goal is to get a contract prior to JCBA. That way, we get two bites of apple.
A popular misconception is if we vote the TA down, we could block merger – that is not the case at all. The Department of Justice doesn’t consider whether or not a TA failed when deciding to approve the merger of two companies. Voting yes or no would have no bearing on whether the merger is approved.
Once the merger transaction happens, management will want to move directly to JCBA negotiations. If the TA is not ratified, AFA will press management to return to the bargaining table and resume talks for a TA2. Getting back to the table will take several months.
There are other factors that will play into what happens in TA2 mediation. The presidential election outcome will affect the National Mediation Board (NMB) – Board members are appointed by the President. The NMB controls whether or not we would be released to CHAOS strike. Congress funds NMB. Those are political considerations that play into what would happen.
APFA applied twice to be released to strike. The first request was rejected, the second one did not receive a response.Additionally, we have the merger in the background. The Department of Justice will weigh in on August 5th, if approved, then the merger transaction closes shortly thereafter.