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INDEPENDENT UNION OF FLIGHT ATTENDANTS v. PAN AM

October 29, 1980

INDEPENDENT UNION OF FLIGHT ATTENDANTS, Plaintiff,
v.
PAN AMERICAN WORLD AIRWAYS, INC., Defendant



The opinion of the court was delivered by: OBERDORFER

FINDINGS OF FACT AND CONCLUSIONS OF LAW

FINDINGS OF FACT

 1. Pan Am is a carrier by air within the meaning of Section 201 of the Railway Labor Act ("RLA"), 45 U.S.C. ยงยง 151 et seq., and is subject to the provisions of the RLA.

 2. IUFA is the successor collective bargaining representative of Pan Am's approximately 6,500 employees in the craft or class of flight attendants for purposes of collective bargaining under the RLA, pursuant to a certification issued by the National Mediation Board ("NMB") on October 17, 1977 (Mueller Aff. PP 1 and 5B). *fn1"

 3. Pam Am and IUFA are the parties to a complete collective bargaining agreement ("Pan Am-IUFA working agreement"), signed April 7, 1979 (Mueller Aff., Ex. B, p. 209). The date stated in the current Pan Am-IUFA working agreement for reopening is May 1, 1981 (Sec. 39, p. 208).

 4. Pan Am employs flight attendants at nine different base stations (Kriendler Aff. P 1). Approximately 6,500 flight attendants are assigned to those nine stations. Prior to the merger of National Airlines ("National") into Pan Am on January 19, 1980, National had its single base station at Miami which, since the merger, has operated separately from the Pan Am Miami base station (Kriendler Aff. P 1). This case involves the furloughing of flight attendants formerly employed by Pan Am; it does not involve the furloughing of any former National flight attendants.

 5. All of the flight attendants involved in this case were covered by the Pan Am-IUFA working agreement prior to the merger and have been covered by that agreement since the merger. That agreement remains in full force and effect.

 6. The Pan Am-IUFA working agreement contains various provisions arguably giving Pan Am the right to furlough flight attendants and close flight attendant base stations. Examples include:

 
a. Section 9A.1 providing that:
 
... the Company retain(s) the right to determine the geographic location of Flight Attendant base stations, the assignment of flying to base stations, and the grouping of flights into patterns for the purpose of scheduling Flight Attendants.
 
b. Section 9A.6.a. governing "Allocation of Flight Time" and providing that:
 
It is specifically understood that the Company shall, after consultation with the Flight Service System Scheduling Committee have the right to:
 
a. Allocate and reallocate Flight Service flight time among the various Flight Service bases as they are ...

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