From: www.unitedafa.org

Moving to an Expedited Mediation process for our Negotiations means that we could reach a Contract quicker that achieves the top priorities that you have identified.  At the same time, we would remain with the Section 6 process and would retain the protections of the Railway Labor Act.  If we reach an Agreement, it would bring us closer to obtaining a Single Contract and a merged workforce.

What is “Expedited Mediation”?

On June 9, 2011, the National Mediation Board (NMB) announced the establishment of an “Expedited Mediation Project”.  The purpose of this project as described by the NMB is to help address mediation disputes in a timely and methodical manner.  For a mediation case to be accepted for expeditious handling, the parties must jointly request consideration for Expedited Mediation and develop a protocol agreement, which will establish expectations and the expedited mediation process.

Parameters surrounding Expedited Mediation:

• All parties must agree to the expedited process
• Intensive mediation over limited time with a set of aggressive mediation sessions
• Negotiation of a joint protocol agreement to establish what, when, where and how long
• Limited number of issues to be discussed
• NMB must believe that there is a high probability of success
• Availability of NMB Mediator
• Parties retain right to seek self-help
• NMB continuous oversight
• If no Agreement is reached, the NMB still retains its discretionary rights to determine how to proceed with the mediation case

Why did we wait to seek Expedited Mediation?

The time is right.

This process is modeled after a new program implemented by the NMB in June 2011 with AFA being the first participant.  The decisive vote for AFA as the representative for Flight Attendants at the new United also sets the stage for an opportunity to utilize the program at this time.  We are all ready to see improvements to our current Contract sooner rather than later.  We also set the stage for additional improvements in Single Contract negotiations to follow the successful resolution of our Section 6 process.

What is a protocol agreement?

It is an agreement that establishes the parameters and ground rules for a negotiation.  The protocol agreement includes:

• A specific and definitive start and end date over which the Expedited Mediation negotiations will take place
• The time and location of the meetings during the Expedited Mediation process
• The number of issues each party will be limited to discuss
• The commitment of all parties to dedicate sufficient time and resources

How long is the Expedited Mediation process?

The Expedited Mediation Process will begin no later than October 10, 2011, and conclude no later than January 6, 2012. 

Where will the Expedited Mediation sessions take place?

The negotiations will take place in the Chicago or Washington, DC metropolitan area, unless the NMB directs otherwise.

Who will participate in the Expedited Mediation sessions?

AFA and management each have designated Negotiating Committees with the authority to enter into tentative agreements.  “Subject matter experts, consultants, and attorneys” who are not members of the respective Negotiating Committees are allowed to participate in the negotiations as long as advance notice of their attendance is given.  The NMB Mediator will also be present.

How many issues will be discussed during Expedited Mediation?

Each side, AFA and management, will bring a maximum of 12 major issues to these Expedited Mediation negotiations.  Entire Sections of our Contract cannot be considered an "issue," however a "major issue" can be a provision of the Contract or subsection.  According to the Protocol Agreement, a total of 24 issues (12 from each party) is the maximum that can be discussed during Expedited Mediation.  Neither party has the ability to “veto” the other’s issues.

How will the 12 issues AFA brings to the tables be decided?

Our priorities as United Flight Attendants have remained consistent from the beginning of our negotiations.  The Negotiating Committee will bring forward the issues based upon the priorities we have defined in the three Membership Surveys and in ongoing Face-to-Face discussions.  These issues will be made available to the Membership prior to the start of the first Expedited Mediation Session.

What happens to the issues not addressed in Expedited Mediation?

At the end of the process, any Provisions or Sections from the current Contract that has not been modified will be remain “book”.

What happens if Expedited Mediation does not produce a Tentative Agreement?

If Expedited Mediation fails to produce an Agreement or a if a Tentative Agreement (TA) does not ratify, we would return to the regular Section 6 mediation process we are in today.

Why don’t we just stay in Section 6 Negotiations?

This Expedited Mediation is part of our Section 6 Negotiations.  It is a tool within the Section 6 process.

What are the benefits of Expedited Mediation?

Regular Mediation within Section 6 is a path that would ultimately lead to Contractual improvements, but it is a lengthy process by Railway Labor Act (RLA) design.  Expedited Mediation is the best course of action to achieve the goals of United Flight Attendants sooner rather than later.  With this approach, we shift our focus to achieve our priorities through a limited number of incremental improvements, but it also requires management to take numerous concessionary proposals off the table.

Once an Agreement is ratified, the protocol agreement sets a timetable for the Single Contract negotiations’ process.

What is the likelihood of successfully reaching an Agreement in Expedited Mediation?

AFA, United management and the National Mediation Board are committed to make this process work.  We will continue to dedicate all appropriate resources to seek a successful conclusion to these negotiations.

Will we, as the Membership, get to vote on a Tentative Agreement reached in Expedited Mediation?

Yes, the Membership will get to vote to ratify any Tentative Agreement reached during Expedited Mediation.