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National Director's Memo to SWA Members
Feb 15, 2017
Dear AMFA–SWA Members:
As you know, AMFA is currently engaged in collective bargaining with Southwest Airlines
pursuant to the Railway Labor Act (RLA). The RLA mandates that the parties are required to
refrain from “self help” until released by the National Mediation Board (“NMB”) from
mediation and a thirty-day cooling off period has expired. This means that during the negotiating
process Southwest is prohibited from initiating a lockout or unilaterally changing the terms of
our collective bargaining agreement. Southwest is also prohibited from implementing a divide
and conquer strategy based on direct negotiations with our members. Based on our
determination that Southwest has violated its legal obligation in this regard, we have commenced
litigation against the carrier in federal court.
Conversely, AMFA-represented employees are prohibited from engaging in concerted job
actions designed to create bargaining leverage. Federal courts have defined “self help” broadly to
include, among other things, group overtime boycotts.
By letter dated February 10, 2017, Southwest Vice President, Labor Relations Russell McCrady,
alleged that SWA supervisors had “overheard rumors” that “AMFA members were encouraging
folks to boycott work of the February 10-20 time period as part of a planned ‘Family Day’
event.” The letter further alleged that number of employees signing up for overtime in DMX and
other stations was “drastically down.”
If substantiated, such allegations could subject both AMFA and the responsible individuals to
litigation culminating in court injunctions to refrain from such perceived activity, as well as
discipline, including termination, of responsible individuals. Any subsequent violations of the
terms of an injunction forbidding such job actions could result in the application of economic
sanctions to the Association and/or implicated individuals.
AMFA did not call for or endorse any overtime boycott, and we consider any such action prior to
our exhaustion of the Section 6 negotiating process to be both unlawful contrary to the best
interests of the Association. AMFA members are directed to refrain from participation in any
collective effort to withhold services from the Company at this juncture. We want to say clearly
and emphatically that no member should coordinate or engage in a concerted overtime ‘ban’ or
boycott. Any determination not to volunteer for overtime must be on an individualized basis.
Upon completion of the RLA-mandated negotiating process, a strike or other job action shall be
initiated pursuant to the AMFA Constitution, which requires membership approval.
SAFETY IN THE AIR BEGINS WITH QUALITY MAINTENANCE ON THE GROUND
In the meantime, AMFA will proceed with its federal litigation against SWA. If you are aware of any unilateral changes to the terms of the CBA, or any attempts by management to negotiate with your directly with respect to the terms of our future CBA, please report the incident immediately to an AMFA representative.
Thank you.
On Behalf of the NEC,
Bret Oestreich
National Director

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AMFA Local 32
1403 W. 10th Pl., Suite B-116
Tempe, Arizona 85281-5257
  480-420-6919

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