Can the Company Get the ISL without a JCBA?
Q: If the TA is voted down and if we enter full Section 6 negotiations with the groups remaining separate, can the Company sue AFA to be legally compelled to produce the ISL?
A: The Company can sue AFA for any reason. The question is: “Would the Company be successful?” The answer is NO. There is no “legal standing” or “legal cause of action” that would result in a lawsuit of this type being successful.
Merging without the JCBA?
Q: I had a question and wanted to get an answer from reliable sources as there seems to be a lot of rumors. Are we required to have a JCBA before our seniority lists can be merged and full integration?
A: In accordance with AFA’s Constitution and Bylaws, a contract (e.g. JCBA) must be in place in order to give the company the Integrated Seniority List (ISL). The provisions governing seniority are very specific in our contract and govern who can perform work on the Alaska Aircraft. Additionally, the Merger Negotiations Process Agreement* requires that the pmAS and pmVX Flight Attendant groups remain separate until a JCBA is ratified and the ISL has been delivered to the company.
Q: Can the Company complete the merger, or even just merge our workgroups without having us on a single JCBA?
A: It depends on what is meant by “complete the merger.” The Company cannot merge the FLIGHT ATTENDANT group absent a single JCBA. However, the Company can merge the operation around the Flight Attendants (i.e. merge the rest of the Company except the Flight Attendant groups).
Examples: US Airways and America West rejected two TAs over a period of many years and the FA groups of the two carriers were kept separate the entire time. The United (pmUAL) and pre-merger Continental (pmCAL) FA groups are still flying separate, but the pmUAL and pmCAL pilot groups are now combined as are the ramp groups.
All labor groups in the Alaska Airlines-Virgin America merger are on different integration timelines. Some groups are already working together. Management has been combined. Management’s target for combining the Flight Attendant groups is March 2019, if the JCBA is ratified.
Can pmAS FAs work on Airbus a/c and pmVX FAs work on Boeing a/c prior to Full Integration?
Q: If the TA fails, will pmAS FAs still start flying on the Airbus after they are trained? If the TA fails, will pmVX FAs start flying on the Boeing after they are trained?
A: No. Until the groups reach the point of Full Integration (targeted for March 2019 if TA is ratified), Negotiations Protocol Agreement* would remain in place and that document stipulates that pmAS FAs work on Boeing aircraft and pmVX FAs work on Airbus aircraft.
* ALASKA AIRLINES-VIRGIN AMERICA MERGER NEGOTIATIONS PROTOCOL AGREEMENT (4/27/2017)
K. Separation of Groups – Until the implementation of an agreement and the merger of operations following the issuance of a single operating system, the Company agrees to keep the operations of Alaska and Virgin America separate. During this period of separate operations, the Company shall provide the following protections.
1. The Company shall not utilize in its flight operations of one airline a Flight Attendant employed by the other airline, except as may be needed to comply with conditions prescribed by a governmental agency for the purpose of transition to, and eventual operation under, a single operating certificate.
2. Except for the circumstances described in paragraph K.1., above, no Flight Attendant of either Alaska or Virgin America shall fly as a working crewmember on an aircraft in the Fleet of the other airline. The “Fleet” of each airline shall be defined to include all aircraft in the service of or stored by the airline or on order or option by the airline, as April 1, 2016. In addition, Virgin America Flight Attendants shall not fly on Boeing aircraft as a working crewmember and Alaska Flight Attendants shall not fly on Airbus aircraft as a working crewmember.
3. The Company will not open a new Flight Attendant domicile in any location in which either Alaska or Virgin America has an existing Flight Attendant domicile.
