that "the IAM refused to proceed with a scheduled Negotiation Session for 2/10/93 claiming unavailability of certain negotiators for scheduled negotiation." Seham Aff'd, Ex. C. Although the Union opposed the request for mediation, Roach Decl., P 6, the Union conceded at oral argument that once the NMB received Varig's request for intervention, it had no choice but to assign a mediator, which it did on February 10, 1993. Complaint, Ex.4.
. February 1993 to April 1993. During this period there is another hiatus of negotiations between the parties. The Union does not contend that this break was attributable to the actions of Varig.
. April 1993. On April 14, 1993, Varig submits a seven point proposal: wage rates, duration, medical coverage, subcontracting, seniority, holidays, and reduction in "starting and limit progression" for those hired after the revised collective bargaining agreement is in effect. On April 19, 1993, Varig adds an eighth point: elimination of Article XII(e) of the collective bargaining agreement (designation of broker of record for the employees' insurance and pension plans). During the period of April to July, 1993, the parties met for three two-day sessions. Complaint, P 17.
. June 1993. On June 9, 1993, Varig adds another proposal to the equation regarding cost savings measures for the Miami Cargo Department. Complaint, Ex. 7.
. June 1993 to August 1993. In June and August, 1993, the Union submits counterproposals which are rejected. Complaint, Exs. 8, 9; Complaint, P 18. These proposals are "predicated on the Company's withdrawing any proposals dealing with subcontracting of work other than what is in the present collective bargaining agreement." Complaint, Ex. 8.
. August 1993. On August 6, 1993, Varig writes to the NMB requesting that it terminate its efforts to mediate negotiations between the parties. Complaint, P 18. The Union objects to termination, Complaint, Ex. 11, and the mediation process continues.
. September 1993. At the request of the NMB, Varig submits its "final proposal" dated September 7, 1993, which includes the following items: duration, wage increase and reduction, medical coverage, limit of agents in Cargo Department, subcontracting, Cargo Automation Program, and Technical Maintenance. Complaint, Ex. 10. Varig objects to the cancellation of mediation sessions scheduled for September 10 and 11, 1993, in its letter to the NMB, dated September 9, 1993. Seham Aff'd, Ex. G.
In its letter of September 17, 1993, the Union opposes the Company's August 6, 1993 request to end mediation and asks that the NMB admonish Varig to bargain in good faith. Complaint, Ex. 11. The record is devoid of any such admonition by the Board.
. September 1993 to October 1993. The parties continue to meet. Complaint, P 21. On October 18, 1993, Varig again opposes any further adjournments of scheduled mediation sessions. Seham Aff'd, Ex. H.
. November 16, 1993. The parties continue to meet during the period of October through December, 1993, Complaint, P 22, and on November 16, 1993, Seham and O'Driscoll have a "side meeting" to discuss terms of a new collective bargaining agreement. Complaint, P 22.
. November 17, 1993. The NMB confirms that it has been released from mediation and that the parties have declined arbitration.
. December 1993. During the month of December 1993, the following occurs:
. The parties meet on December 8, 1993, during the cooling off period. Complaint, P 24.