“This is union activity.” Sara Nelson, head of AFA-CWA which represents flight attendants at United Airlines, takes credit for disrupting the carrier’s launch event for its new business class product.
Responding to JonNYC, who reported that the crewmembers who showed up at the Brooklyn Navy Yard event where United was unveiling its new business suites and service enhancements and took over the stage in protest had been suspended, Nelson argued that this union activity is ‘protected’.
This is union activity. Protected activity. Period.
— Sara Nelson (@FlyingWithSara) May 15, 2025
Here’s video of the protest. Flight attendants shouted, “if we don’t get it, shut it down” and “what do we want? A contract. When do we want it? Now!”
The FAs have their say at today’s UA new Polaris event pic.twitter.com/eyooJNbEGT
— JonNYC (@xJonNYC) May 13, 2025
But first, a brief protest by a very vocal group of United flight attendants demanding better contract terms. Good on them!
— Jason Rabinowitz (@airlineflyer.net) May 13, 2025 at 9:08 AM
Nelson is clearly incorrect in her claim that the union protest was ‘protected,’ and put her members in jeopardy. Airline employees do not have an open-ended right to storm a private corporate event.
Under the Railway Labor Act their protest is protected only so long as it doesn’t involve trespass, violence, or a material disruption of the carrier’s business. Once conduct crosses one of those lines, United can suspend or discharge them, subject to the just cause and grievance/arbitration procedures in the flight-attendant contract.
Unlike the National Labor Relations Act, the Railway Labor Act which governs airline labor relations does not guarantee employees access to an employer’s or a third party’s property, and it strictly regulates “self-help.”
Leafleting or picketing outside the facility would be legally permissible. Entering a non-public, invitation-only event, shouting down speakers, or commandeering the stage are not. Discipline up to discharge is probably defensible because:
- The venue was rented for a media showcase and flight attendants entered without permission.
- Conduct disrupted a brand presentation in front of customers and press.
- There is no claim union members were denied alternative means to protest (they could picket outside).
The union will likely fie a grievance over any discipline, but arbitrators typically ask two questions: (1) was the protest protected? (probably “no”—it involved trespass and disruption.) and (2) Even if partly protected, did United impose discipline because of the message or because of the misconduct?
If United can show it would discipline any employee who hijacked a corporate event, discipline is likely to be upheld.
The union’s best defense is that the protest was peaceful, brief, and caused no measurable harm—arguing, then, that discipline should be limited to short suspension and that more severe penalties would be retaliatory.