Transport Workers Union of America AFL-CIO

Now that there is interest in forming a union for you and your coworkers, the organizing team at TWU is available to answer any questions that you may have about the election process with the National Mediation Board (NMB) and how joining TWU will greatly improve and protect your career at your airline!

This page serves as a one-stop shop for all Dispatcher-related questions.

Curious to see what a full text CBA looks like?  Click the links below and see what your co-worker crewmembers at Jetblue have negotiated and currently enjoy.  Compare these documents to the current individual agreements you all signed as a condition of your employment.

Jetblue ALPA MEC        TWU IFC’s (Flight Attendants)

Questions will be answered within 24 hours.

Member questions:

Members submitting questions for public viewing will be posted here anonymously.

1. 1. Will the air traffic system controllers be treated as fairly as the dispatchers being that we are one like many other airlines?   Air Traffic System Controller (ATSC) workers at Jetblue are an integral part of the dispatcher-related workgroup.  The wants and needs of this specialized workgroup will be just as important to the negotiations process as those of ALL the work titles the NMB designates a part of the dispatcher “Class & Craft.”  As a result, when negotiations commence, ATSC workers will play an important and equal role to gaining a 1^st time contract you all can be proud of!
   2. After last year’s failed merger with Spirit, Jetblue seems destined to be bought by United.  What can TWU do to protect our seniority rights if that happens?
      Airline workers can be subject to negative outcomes if they are not properly represented during the seniority integration process.  The TWU has been involved in many airline mergers and acquisitions. Our proven track record of fighting for the most favorable outcomes is unmatched amongst other labor organizations. It is important to note that the Mccaskill-Bond Statue mandates a “fair and equitable” approach to seniority integration.  This does not mean a “fair and equal resolution.”
      By voting for TWU, you will be joining a labor organization that will fight for its members whenever and wherever it’s necessary.  Click Here to read TWU’s successful seniority integration for dispatchers during the Alaska Air purchase of Virgin America.  Click Here to read TWU’s successful seniority integration for dispatchers during the Alaska Air purchase of Virgin America.  Click Here
   3. What is the process and timeline for negotiation once a union is voted upon, and how does that affect current pay and benefits?
      The process for negotiations is straightforward.  The workers will choose who will represent the larger group at the negotiating table.  Those chosen workers will be trained and work at the table with TWU’s attorneys, actuary and negotiation expert representative.  Because this is a first-time contract, negotiations can take time and it is crucial to make sure that it is done right and to the satisfaction of the majority of workers because you will have the final say on what is agreed to by voting on the document.
      As for current pay and benefits, with our other TWU-represented workers at Jetblue, (the IFC flight attendants and non-seniority pilot instructors,) the company has taken a “status quo” position essentially freezing all pay and benefits like PTO and company policies until the contract is reached.
   4. What can TWU promise us once we vote for the union?
      Since day one, we have made clear to your co-worker organizers that TWU will fight like heck with you to secure a contract that you can all be proud of.  We cannot promise you will get any enhancements…we can negotiate together for what it is you are seeking.  Any union that promises you anything other than an opportunity to negotiate is doing a disservice to those it is representing.
   5. What are the financial obligations (dues, initiation fees, assessments) and how are these structured?
      TWU constitutional/formula approach (example: two times base hourly rate per month) but locals may use fixed $ amounts or adjusted formulas as provided in the TWU Constitution.  In addition, there are no initiation fees for newly organized groups.
   6. How does union representation affect discipline procedures, termination protections, and grievance processes?
      Just cause standard: TWU CBAs require “just cause” for discipline and list progressive discipline steps (coaching → written warning → suspension → discharge). Management must follow the CBA process.
       Timelines & notice: CBAs set deadlines for filing grievances (e.g., discipline/discharge grievances often have short filing windows) whereby missing the window can forfeit the claim, so the union enforces those timelines.
      Representation at investigatory: The union provides shop stewards and legal support during investigations and at arbitration.
      Arbitration: If internal grievance steps don’t fix it, the union can take the case to arbitration. A neutral arbitrator can reinstate, reduce discipline, or order remedies.
   7. What role would I have in negotiating the terms of my employment versus accepting management’s determination?
      Jetblue dispatchers have an opportunity to serve on the negotiating committee and negotiate directly with the employees.  All dispatchers will have the opportunity to vote on the agreement once it’s negotiated. Management will no longer be able to unilaterally alter your wages, benefits, or working conditions.
   8. How might union membership affect my ability to negotiate individual arrangements (schedule preferences, special projects, merit-based advancement)? 
      The Union represents every member equally. There are no side deals or individual arrangements with management. Schedules are chosen by seniority and qualifications. Special projects assignments are determined by qualifications, and a neutral panel could (should) include Local Union Elected Officers and management who would make a responsible decision of who is best qualified for the work.
   9. What restrictions or requirements come with union membership regarding work assignments or career progression?
      Union represented work will be designated by an equal selection process the Local Union representatives choose. Career progression to management is solely the Company’s choice.
   10. How does collective bargaining interact with FAA certification requirements and professional responsibilities specific to dispatchers? 
       The collective bargaining process and FAA certification requirements are two totally different things and there is no interaction.
       Dispatchers have an obligation to follow FAR’s to protect the flying public.
       Collective bargaining is to gain better pay and benefits for your group.
   11. Are there any situations where union and FAA regulatory obligations might create conflicts?
       The TWU does not interfere with FAA regulatory obligations. TWU and Dispatcher member-elected representatives are here to protect our Dispatchers.
       TWU has and will continue to lobby all necessary entities to make sure that the FAA does not approve any regulation that will replace your job with artificial intelligence!
   12. What obligations or limitations continue if I later choose to leave the company or the profession?
       If you leave the company or the profession, you have no obligations to the TWU.
   13. How have recent contract negotiations affected dispatcher working conditions at comparable carriers?
       We continue to make gains at all the carriers we currently represent.
       Working condition improvements vary at each TWU-represented carrier because everything depends on the specific goals each work group is seeking to gain during negotiations.
       As of today, we represent 12 Dispatcher groups amongst regional and national airlines. Earlier this year we also successfully helped Dispatchers win representation elections at 2 additional national airlines, (Avelo and Breeze.)  For additional information please click links below:
        
       https://www.twu.org/psa-flight-dispatchers-win-big-raises/
       https://www.twu.org/twu-secures-tentative-agreement-for-sun-country-airlines-dispatchers-with-major-raises/
       https://news.alaskaair.com/other-news/dispatchers-at-alaska-airlines-ratify-new-five-year-contract/
       https://www.bizjournals.com/dallas/news/2019/09/10/american-airlines-envoy-air.html
       https://www.wdrb.com/in-depth/louisville-based-flight-dispatchers-reach-labor-deal-with-ups/article_fa32e512-c831-11e9-8423-632854c3e792.html
       https://www.fox4news.com/news/southwest-airlines-agrees-to-tentative-deal-giving-dispatchers-a-17-raise
       https://news.alaskaair.com/releases/hawaiian-airlines-dispatchers-ratify-5-year-contract/
   14. With the recent and fast call for flight reduction at 40 major airports, 21 of which JetBlue has presence at, hypothetically if JetBlue says on Monday, they can’t take the financial strain and they decide to sell/M&A, where are we left with TWU?  Would the election/negotiations pause or are we still able to push through the process?Should any of the above scenarios unfold, TWU would work directly with the overwhelming majority of dispatcher workers who signed cards to make a decision on whether to proceed or not.  The decision to either move forward of withdraw would be in the hands of those whose lives would be impacted.
   15. When we win the election for TWU representation, who will choose who will be at the table from our workgroup(s)?
       TWU does not choose who will be part of the negotiating team (NT.)  You do.  A vote will be conducted via a secure digital platform.  The number of NT members will be determined once the NMB establishes how many workers are actually in the bargaining unit based on their binding ruling  of which workgroups are included in the “craft or class” of dispatchers.
   16. The company is creating confusion over work groups that may, or may not be, included in the upcoming vote for dispatchers.  Is this intentional and common practice?
       The company creating confusion and division is common practice.  At all costs, (money that could be spent for other things like improving your work/life balance,) Jetblue wants you to lose this vote for union representation.
       The final determination as to which groups would be included in the Dispatcher vote, (ATSC/System Controllers/Instructors/Supervisors,) will be determined by the National Mediation Board.  Possessing a dispatch license would be the first indicator of inclusion.  Job responsibilities and other requirements will be looked at by the NMB with both sides making arguments for or against.  TWU will keep everyone abreast of what is going on throughout the determination process.
   17. Are union dues collected after TWU wins the election or when a contract is agreed upon? If we can get a contract, in for example 3 years, do we not pay dues in that time?
       There are NO dues collected until a contract is negotiated/ratified/implemented.  Dues will ONLY commence on the first paycheck FOLLOWING the contract being in place.  There are NEVER any initiation fees for new groups like yours who are on the property at the time of ratification.  There are NO assessments or back dues owed for the time spent to reach a 1^st agreement.  TWU International picks up all legal fees, negotiating costs and the wages for those who are chosen by the workforce to negotiate the contract.  Many other unions put the financial burden on the workers seeking a 1^st time agreement…we do not.
   18. What is the process to vota a contract in?  Do we need the 50% +1 of whoever votes or do we need a minimum amount of votes for it to be valid and then a simple majority?
       Once a tentative agreement has been reached by the negotiating team you will have chosen to represent you, the agreement goes to a vote.  Similar to the NMB election process, although less formal, a simple majority of votes casts will determine the result.
   19. If we can’t agree on a contract in an extended amount of time, what can we do?  Can we change unions or do we have to wait until the entire process is completed before any changes in the union itself?
       The National Mediation Board manual allows for a change in unions, or the ability to decertify a union, two years after the certification of that elected group.

Election process:

Key Steps in the Union Election Process under the Railway Labor Act covering those directly employed by air carriers.

1. Signing Authorization Cards / Showing of Interest
   • To move forward, a certain percentage of the workers in the proposed bargaining unit must indicate support. Under the Railway Labor Act,  at least 50% +1 of all eligible workers must sign union authorization cards as a “showing of interest” before an election petition is accepted.  At TWU we strive for at least 65% of eligible workers to create an overwhelming show of interest.
   • The cards or petitions are confidential — never shown to the employer.
   • Signing a union authorization card does not constitute a vote for the union.  The card only asks the relevant government authority, in this case, the National Mediation Board (NMB) that you are seeking a union election.
2. Filing a Petition with the NMB
   • Once the targeted % of cards are gathered, the union will hand-deliver them directly to the NMB office in Washington, DC.
   • Along with the cards, the union’s legal team submits other required documents (e.g., blank forms for statements of position, descriptions of procedures) and a “showing of interest declaration.”
   • The NMB will review the declaration and all submitted documents by opening an “investigation.”
3. Employer Notice & NMB Processing
   • Once the union authorization cards are accepted, the employer will be notified of the “investigation” and will be required to send over the list of eligible employees along with copies of each worker’s signature for verification.
   • Once the NMB verifies that there at least 50% +1 valid cards in their possession, the NMB will conclude the “investigation” and open a “dispute” whereby an election will be called.
   • The NMB will direct the employer to provide them with all the workers’ home address information in preparation for a USPS mail-in secret ballot election.
   • Any workers hired before the filing of the cards will be allowed to vote provided they are still employed up and until the closing of the vote regardless of whether they signed an authorization card or not.
   • The company will also be obligated to provide the union with the names of those who will be eligible to vote.  The union will monitor and confirm the list throughout the election.
4. Conducting the Election
   • The election is conducted by secret ballot via regular mail.  All ballots will be mailed to the address the employer has on file.  (If your address is not up to date, the NMB will NOT mail your ballot to any other address!)
   • An election voting period notification, sample ballot and other NMB documents must be posted in your workplace.
   • The NMB will usually allow up to a 45-day voting period for workers to return their postage paid, secret ballot.  Workers will be asked to sign an outer envelope for eligibility confirmation.  This outer, signed envelope will be thrown out by the NMB so that only the sealed ballot envelope will be used for the count.
   • The manual counting of the ballots will be conducted at the Washington, DC NMB office where both the union and the company observers will watch the opening of the ballots.
   • The manual counting of the ballots will start immediately after the closing of the election which is usually 2:00pm Est of the last day of voting.
   • A simple majority of ballots cast will determine the outcome of the election.  A tie will result in a union loss as a majority showing of interest was not reached.
   • Should the union not prevail, workers will be barred for one (1) year before being legally allowed to file for another election that will require new signed authorization cards.
5. Certification / Recognition and Obligation to Bargain
   • If the union wins, the NMB certifies it as the exclusive bargaining representative of the workers who sought representation within 24 hours.
   • The employer is legally obliged to bargain in good faith with the certified union.

Ever wonder what the union-busting playbook looks like from one of the nation’s most notorious union-busting law firms? These are some of the things you could likely see and hear once the company finds out you’re organizing. It’s a scheme to scare you from forming a union. Although the playbook here describes an NLRB organizing scenario, this playbook can also be used in an NMB organizing drive like yours.  Click here.

Want to hear more about union busting? Check out the video produced by APA. Click here.