October 1, 2008

FOR IMMEDIATE RELEASE

NATIONAL MEDIATION BOARD

Contact: NMB Public Information Line -- (202) 692-5050

Re: NMB dismissal of AFA interference allegations

Washington, D.C. -- The National Mediation Board, yesterday, issued a determination regarding interference allegations filed by the Association of Flight Attendants – CWA, AFL-CIO (AFA). AFA filed interference allegations after a representation election initiated by AFA at Delta Airlines resulted in 5,306 out of 13,379 eligible voters voting for representation. After examining the allegations filed by AFA and Delta’s response, the Majority of the Board determined that the AFA failed to state a prima facie case of interference.

In its decision, the Board stated “in order to form a prima facie case [of interference], allegations must both be supported by substantive evidence and allege actions or communications that, if true, constitute interference. The Board carefully and thoroughly examines all allegations and supporting documentation submitted by the participants; however participants do not have an automatic right to an on-site investigation merely by virtue of filing interference allegations. Neither carriers nor unions can use unsupported allegations or allegations that do not amount to interference to form the basis for a prima facie case requiring further investigation. For the Board to allow otherwise would be fundamentally unfair to all participants and could potentially result in on-site investigations in every representation proceeding, even where the interference claims have no merit whatsoever.”

The decision further stated: “[A]fter comprehensive and meticulous examination of all the allegations filed by AFA, the Board has determined that all of AFA’s allegations either (1) are unsubstantiated second or third hand accounts or are otherwise not supported by substantive evidence; (2) do not rise to the level of interference under clear, longstanding Board precedent; or (3) in the few remaining allegations, constitute isolated incidents out of a workforce of 13,000 that do not amount to the kind of systematic, pervasive conduct that would have tainted laboratory conditions. Accordingly, the Board finds that AFA has failed to state a prima facie case of interference, and its allegations are dismissed.”

Board Member Harry Hoglander dissented from the Majority of the Board’s decision, stating that he “believes[s] [AFA] has established a prima facie case of election interference and that the [NMB] should conduct an investigation”. Additionally Member Hoglander finds that “the dismissal by the Majority of the Board of the Association of Flight Attendants’ allegations of well over four score incidents of interference without an investigation sets the wrong precedent. The premise being that if these allegations were true they might reasonably have tainted the laboratory conditions necessary for an election.”

Full text of this determination has been posted on the NMB website (www.nmb.gov). See Determinations on the “What’s New” page.

To add [or delete] your name or others in your organization to the NMB Email List for Press Releases, send name, organization, email address, and business telephone number to PDO@NMB.GOV.