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        You are here: Home / Committees / Grievance Committee / March 2016 Grievance Report

        March 2016 Grievance Report

        March 23, 2016 12:00

        Your AFA Alaska Master Executive Council (MEC) has been very busy pursuing contractual compliance on your behalf.

         

        Grievances recently filed and sustained:

         

        Grievance No. 36-99-2-3-16: Association Consideration Pursuant to Uniform Change

         

        This grievance alleges the Company’s violation of Collective Bargaining Agreement Section 13.G. [Association Consideration Pursuant to Uniform Change], past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it failed to: (1) Consult with the Flight Attendant Uniform Committee and consider their recommendations before making any change in the style, color or material of the uniform; and (2) Consider the recommendations of the Association Air Safety, Heath and Security chairperson in regard to materials available, including application FAA or NTSB flammability standards.

         

        For management’s response sustaining the grievance, click here.

         

        Grievances recently filed and settled:

         

        Grievance No. 36-99-2-9-16: CBA Section 9 [Junior Available] Violation

         

        The details of this grievance were communicated in a recent standalone communication. For details, click here.

         

        Grievance No. 36-99-2-11-16: Incorrect Application of EOR for February 2016 LIH Pairings

         

        This grievance alleged the Company’s violation of Collective Bargaining Agreement Section 21.D.2. [Compensation/Minimum Pay Rules (MPRs)/Extended Overnight Rule (EOR)], past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it incorrectly calculated the extended overnight rule for February 2016 LIH pairings in the Seattle domicile.

         

        The settlement agreement states: Those Flight Attendants identified by their specific PBS bid who could have been awarded such pairings and were affected by the error, will be paid four (4) TFP….

         

        Grievances recently filed and now awaiting arbitration dates:

         

        Grievance No. 36-99-2-32-15: Concourse Uniform Shoe Standards

         

        This grievance alleges the Company’s violation of Section 25.B. and all related sections of the Collective Bargaining Agreement and past practice when it issued Revised Emergency Interim Bulletin 15-23 (Inflight Bulletin 2015-0179) requiring Flight Attendants to wear concourse shoes: With a defined heel between a half inch and three inches in height; with added restrictions, i.e., solid black in color, single functional strap with a plain silver or gold buckle, button, or snap smaller than a quarter, and no textured leather, suede, cloth fabric, color threading, or separate colored trim styles; and during boarding up until the aircraft door closes. These restrictions essentially limit Flight Attendants to wear a pump type shoe only, and unlike past practice eliminates many ‘healthy shoe styles’, e.g., Danskos, Naot, and makes them non compliant.

         

        Grievance No. 36-99-2-33-15: In-Flight Uniform Shoe Standards

         

        This grievance alleges the Company’s violation of Section 25.B. and all related sections of the Collective Bargaining Agreement and past practice when it issued Revised Emergency Interim Bulletin 15-23 (Inflight Bulletin 2015-0179) requiring Flight Attendants to wear in-flight shoes with all concourse shoe requirements except the defined heel (with at least half inch height) requirement until the aircraft door closes. Unlike past practice these restrictions eliminate many ‘healthy shoe styles’, e.g., Danskos and Naot, and makes them non compliant.

         

        Grievance No. 36-99-2-34-15: Uniform Luggage Standards

         

        This grievance alleges the Company’s violation of past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it issued Emergency Interim Bulletin 15-23 (Inflight Bulletin 2015-0179) which says: Designated “Crew” luggage tag and/or Company-approved recognition luggage strap is the only permitted accessory/adornment that may be attached on luggage items; recreational equipment must fit into company issued luggage; and individual or union lanyards with personal pins may not be worn.

         

        Grievance No. 36-99-2-41-15: Section 34.C.3. Alternative Hotel Selection/Site Visit

         

        This grievance alleges the Company’s violation of Section 34.C.3. and all related sections of the Collective Bargaining Agreement when it failed to include the hotel committee in the selection of alternative hotels; and when it failed to provide site visits on alternative hotels.

         

        Grievance No.: 36-99-2-2-16 Violation of ASAP and Discipline LOA

         

        This grievance alleges the Company’s violation of Letter of Agreement: ASAP and Discipline July 2006 and all related sections of the Collective Bargaining Agreement when it failed to allow the Aviation Safety Action Program (ASAP) process to complete prior to disciplining and terminating a Flight Attendant. The Letter of Agreement specifically states, “Flight Attendants participating in the ASAP program, whether reporting or non-reporting as defined in the ASAP Memorandum of Understanding, will not be subject to discipline. Neither the written ASAP report nor the content of the written ASAP report will be used to initiate or support any company disciplinary action.”

         

        Grievance No. 36-99-2-4-16: Order of Reserve Assignment

         

        This grievance alleges the Company’s violation of Collective Bargaining Agreement Section 11.E. [Order of Reserve Assignment], past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it out of order assigned reserve Flight Attendants to pairing 1164 on June 12, 2015.

         

        Grievance No. 36-99-2-5-16: Non-negotiated Compensation

         

        This grievance alleges the Company’s violation of Collective Bargaining Agreement Section 21 [Compensation] and Section 32 [Attendance Policy], past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it awarded, without prior consistent notice, policy and application, $5 gift cards to all Anchorage based Flight Attendants for meeting the daily attendance goal (in December 2015).

         

        Grievance No. 36-99-2-10-16: Mandatory Attendance Counseling in Violation of Section 32

         

        This grievance alleges the Company’s violation of Collective Bargaining Agreement Section 32.A. [Attendance Policy/Reporting Procedure], Section 32.E.1. [Attendance/Control Procedure/Attendance Policy Disciplinary Action], past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it required Flight Attendants to attend meetings to discuss sick leave under the guise of an investigation when in fact it was a counseling in violation of Section 32.E.1.

         

        Grievances previously filed and currently awaiting arbitration dates:

         

        Grievance No. 36-99-2-15-15: Limiting Access to the SAN Domicile

         

        This grievance alleges the Company’s violation of Section 28.I [Company Provided Computers and Printers at Domiciles], when it limited access to the SAN Domicile including contractually required resources to only those Flight Attendants based in SAN.

         

        Grievance No. 36-99-2-19-15: Failing to Pay Flight Attendants for Reasonable Suspicion Drug/Alcohol Testing

         

        This grievance alleges the Company’s violation of Addendum to Section 21 [Compensation], when it failed to pay Flight Attendants for reasonable suspicion drug & alcohol testing.

         

        Grievance No. 36-99-2-20-15: Converting a Line Holding Flight Attendant to ER Reserve Outside of her/his Contactable Period

         

        This grievance alleges the Company’s violation of Section 11.C.3.b.6 [Conversion of Reserves to ER] and 11.C.3.c [ER Contactability], when it converted a line holding Flight Attendant to ER Reserve outside of her/his contactable period.

         

        Grievance No. 36-99-2-21-15: Section 21.M Compensation

         

        This grievance alleges the Company’s violation of Section 21.M [Pay Protection Due to Weather, Mechanical or to Suit Company Convenience], when it removed a Flight Attendant from a trip and failed to pay protect her.

         

        Grievance No. 36-99-2-22-15: Violation of Past Practice Regarding Manual Revision/Emergency Interim Bulletin (EIB) Insertion Timelines

         

        This grievance alleges the Company’s violation of past practice regarding manual revision/emergency interim bulletin (EIB) insertion timelines, which fails to provide Flight Attendants sufficient time to thoroughly read and insert their revisions and/or EIB’s. Long standing past practice is articulated in the prior referenced Flight Attendant Manual (FAM) 6.500 page 1, July 6, 2012, which states: Insert, post and record manual revisions within 14 days of receipt, no later than 30 days after distribution. A new EIB 14-40 effective November 25, 2014, now states: The holder of the FAM shall insert revisions/EIBs on or before the effective date or prior to the first assignment following the effective date, whichever comes first.

         

        Grievance No. 36-99-2-23-15: Beyond Service Training Exceeding Contractual Training Hours

         

        This grievance alleges the Company’s violation of Section 30.A.2 [Recurrent Training and Other Company-Required (Non-Computer-Based) Training; Hours], by conducting Beyond Service Training after 5:00PM local time, failing to provide a clear break between required training and the optional “Happy Hour” and failing to provide transportation information to Flight Attendants who choose to depart promptly at 5:00PM.

         

        Grievance No. 36-99-2-24-15: Ground Floor Lodging While on Company Business

         

        This grievance alleges the Company’s violation of Section 34 [Hotels], when it failed to avoid ground floor lodging for Flight Attendants attending company required Beyond Service training.

         

        Grievance No. 36-99-2-29-15: Section 28.G.6 Commuter Boarding Priority

         

        This grievance alleges the Company’s violation of Section 28.G.6 [Commuter Policy], when it allowed Company employees (and their dependents) on pleasure travel to be given higher boarding priority than commuting Flight Attendants.

         

        * * *

         

        As we work through these grievances you will receive more information. Until then, if you have any questions or concerns about grievances please contact a member of your Local Executive Council Grievance Committee.

         

         

        In Solidarity,

         

        Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Satterlee, Lisa Pinkston, Laura Masserant, Cathy Gwynn, Sandra Morrow, Stephen Couckuyt; MEC Grievance Committee Chairperson Jennifer Wise MacColl and Committee Member Stephanie Adams

        cropped-AFA-Alaska-Logo-Transparent-Background.png

         

         

         

        Grievance No. 36-99-2-3-16 Association Consideration Pursuant to Uniform Change sustain letter

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        Filed Under: Grievance Committee, Latest News Tagged With: 2016, grievance

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