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        You are here: Home / Archives for Jeffrey Peterson (Negotiating Committee Chairperson, Alaska CBA 2025-2028)

        AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks) – Part 1

        July 8, 2022 17:00

        Master Executive Council (MEC)

        • Alaska Airlines management held a series of webcast sessions for Flight Attendants to discuss possible impacts of the recent Supreme Court ruling on the Bernstein v. Virgin America case.
        • AFA believes that management’s intent of the sessions was to motivate Flight Attendants to pressure lawmakers to pass laws that exempt the airline industry from applying worker-friendly state and local labor laws to flight crew.
        • At the same time, AFA is willing to work with the industry, other labor unions, and additional stakeholders to address the challenges presented by California meal & rest break laws through legislative clarification and/or alternate solutions.

        AFA Alaska has a very different perspective than that being offered by management

        Alaska Airlines management hosted a morning and afternoon webcast session yesterday for the Inflight division about the Supreme Court of the United States (SCOTUS) decision on Bernstein v. Virgin America, and AFA Alaska leadership participated in both sessions. The webcasts mainly focused on the implications of the ruling for California meal and rest break laws and management’s plans to comply with the law. Not surprisingly, AFA has a very different perspective than that being offered by management. 

        Why such dire warnings about potential base downsizing or closures?

        In our opinion, it is extremely premature and unnecessarily anxiety-provoking of management to suggest that downsizing or closing California domiciles is anything but a worst-case scenario. The reality is that it’s anyone’s guess what actual compliance with the law will look like at this juncture, so why would management “go there” with such dire warnings about potential base downsizing or closures in California? Or to even go so far as to suggest that this may happen in Washington and/or Oregon in the future? 

        Management’s ulterior motives – and why AFA opposes these efforts

        Management is citing transparency about the growing challenges of operating an airline in certain localities as “the” reason. Coincidentally, those same localities have very worker-friendly labor laws on the books. Although management’s desire for transparency may indeed be a factor, the MEC believes there is also an underlying ulterior motive: to motivate you – especially CA-, OR-, and WA-based FAs – to pressure your legislators to pass laws that completely exempt airlines from applying state and/or local laws to flight crew. Management was certainly keen to encourage Flight Attendants to lobby their legislators accordingly during yesterday’s webcasts!

        From our point of view, if Alaska Airlines and the other Airlines for America (A4A) management groups had their way, then only federal laws and collective bargaining agreements would apply to flight crew. Although we acknowledge that management has some legitimate concerns, those concerns do not justify sweeping general exemptions from all state and local laws for all airline flight crew. Consequently, AFA will continue to oppose management’s efforts to categorically undermine worker’s rights laws in this regard.

        Where AFA and management are potentially aligned

        However, AFA is not opposed to the airline industry seeking reasonable and specific waivers or variances to California meal & rest break laws where applicable. AFA has also previously signaled our willingness to work with the airline industry and other labor stakeholders on potential legislative clarifications and/or fixes to problematic provisions in the California meal & rest break laws. AFA remains willing to do so. 

        Labor and management have a mutual interest in maintaining a heathy airline industry and to not unnecessarily disrupt the lives of our flight crews. By working together, we are confident that all parties can achieve a mutually agreeable path forward. 

        The MEC will communicate more details in Part 2 next week.

        Filed Under: AFA News Now Tagged With: Bernstein, California, meal, rest, Virgin America

        More Details Tomorrow: AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks)

        July 7, 2022 16:39

        Master Executive Council (MEC)

        • AFA Alaska leadership is participating in the Company’s webcasts today about California meal and rest break laws.
        • It is extremely premature and unnecessarily anxiety-provoking to suggest that downsizing or closing California domiciles is anything but a worst-case scenario.
        • Management is mischaracterizing AFA’s involvement in the Bernstein v. Virgin America case.  The MEC will communicate more details tomorrow after coordinating with the AFA International officers and with AFA Legal.

        Alaska Airlines management is hosting a morning and afternoon webcast session today for the Inflight division about the Supreme Court of the United States (SCOTUS) decision on Bernstein v. Virgin America, the implications for California meal and rest break laws, and management’s plans to comply with the law. AFA Alaska leadership is participating in both sessions and based on this morning’s session alone we will definitely share a different perspective with our members than that being offered by management. 

        In the meantime, we offer these initial observations/opinions: 

        (1) It is extremely premature and unnecessarily anxiety-provoking of management to suggest that downsizing or closing California domiciles is anything but a worst-case scenario when the reality is that it’s anyone’s guess what actual compliance with the law will look like; and 

        (2) Management is mischaracterizing AFA’s involvement in the Bernstein v. Virgin America case.

        The MEC will communicate more details tomorrow after coordinating with the AFA International officers and with AFA Legal.

        Filed Under: AFA News Now Tagged With: Bernstein, California, meal, rest, Virgin America

        Supreme Court Ruling on Bernstein v. Virgin America

        June 30, 2022 19:00

        Master Executive Council (MEC)

        • The Supreme Court of the United States issued a ruling today that denied an appeal from Alaska Airlines to reconsider a lower court’s ruling in the case of Bernstein v. Virgin America.
        • The lawsuit claimed that various California labor laws had been violated related to wages, hours worked, pay, and meal and rest breaks.  The suit was originally filed against Virgin America and became the responsibility of Alaska Airlines after the merger between the two companies.
        • Management has distributed multiple employee communications complaining that they will now have to obey the law but has not shown that they are focused on practical solutions.  AFA stands ready to work out a solution with management that is compliant with the law and is a mutually agreeable path forward for all stakeholders.

        Earlier today, the Supreme Court of the United States (SCOTUS) denied a petition by Alaska Airlines to hear further arguments about Bernstein v. Virgin America, which means that an earlier ruling by the 9th Circuit Court of Appeals now stands. Click here for the SCOTUS docket info >

        Background

        The Bernstein lawsuit was brought forward by several Legacy Virgin America (L-VX) Flight Attendants prior to the merger between Virgin America and Alaska Airlines. The represented class of aggrieved employees was broadened under the California Private Attorneys General Act (PAGA) to include all former and current L-VX FAs based in California. Alaska Airlines absorbed Virgin America’s standing in the case due to the merger.

        Bernstein argued violations of California labor law specific to wages, hours worked, pay statements, final payment and meal & rest breaks. The CA hour and wage violations were asserted due to L-VX FAs not being in a collective bargaining agreement (CBA) at the time the suit was filed. However, the meal & rest break laws do not have a CBA carve out and therefore this ruling does impact all CA-based FAs today.

        AFA’s mitigation efforts and industry’s response

        In an effort to address the potential implications of Bernstein, AFA International wrote to the heads of all the major airlines, including Alaska Airlines, and to the CEO of the industry trade group Airlines for America (A4A). In those letters, AFA expressed interest in working with industry to accommodate operational needs while also securing appropriate meal and rest breaks for Flight Attendants.

        Click here for AFA’s letter to CEO Alaska Air Group >

        Click here for A4A’s response to AFA >

        AFA couldn’t disagree more with A4A’s response. We believe that when parties come together and discuss the issue there is always a solution.

        What’s next?

        In our opinion, management’s various communications are largely speculative and suggest that somehow safety provisions and meal and rest breaks cannot coexist. Arguably, the meal & rest requirements are applicable only to CA-based FAs working for a CA-based airline solely on intra-CA flights (e.g., SFO-LAX but not SFO-JFK). Rather than focus on practical solutions, management simply continues to gripe about having to comply with this law. As the 9th Circuit Court of Appeals already told them more than a year ago, there are many ways to comply with this law. Let’s not forget that when management references quality of life, that’s exactly what providing meal and rest breaks are addressing.

        Just like AFA did by leading the way in securing paycheck protection for workers while ensuring the survival of the airline industry during the pandemic, we are ready to work out a solution with management on this issue. Now it’s up to management to engage with Labor and other stakeholders to find a mutually agreeable path forward for all parties.

        Filed Under: AFA News Now, Master Executive Council (MEC)

        AFA and Management Agree on a Remedy for the Delayed May & June 2022 Bid Awards

        June 10, 2022 18:00

        Master Executive Council (MEC)

        • AFA Alaska leadership and Alaska Airlines management have reached agreement on a remedy for the delayed May & June bid awards.
        • All Flight Attendants who were active at any point during the May or June 2022 bid months will receive 4.0 TFP on their respective July 20th paychecks.
        • Thank you to the more than 4400 who participated in the “It’s Time to Make It Right!” letter writing campaign, and AFA appreciates management’s commitment to doing the right thing in these circumstances.

        AFA Alaska leadership and Alaska Airlines management have reached agreement on a remedy for the delayed May & June bid awards:

        All Flight Attendants who were active at any point during the May or June 2022 bid months will receive 4.0 TFP on their respective July 20th paychecks. *

        * Flight Attendants must not have been on a leave of absence for the entirety of both bid months and newly hired Flight Attendants must have been eligible to bid for either bid period to be eligible for the settlement. The 4.0 TFP will have applicable taxes withheld at the regular withholding rate and less any other deductions/contributions.

        Realistically, an arbitrator would not have awarded 4 TFP to all active Flight Attendants as a remedy to these contractual grievances, so we recognize that management ultimately agreed to more than we would have achieved through arbitration. This non-precedential monetary settlement compensates FAs for the inconvenience resulting from the contractual violations and demonstrates management’s willingness to accept responsibility for their actions. AFA appreciates management’s commitment to doing the right thing in these circumstances.

        Thank you to the more than 4400 who participated in the “It’s Time to Make It Right!” letter writing campaign: Our collective action was an impressive show of solidarity that was invaluable in achieving this settlement!

        Filed Under: AFA News Now, Grievance Committee, Preferential Bidding System (PBS) Tagged With: bid awards, contractual violation, grievance

        Masks Are No Longer Required in Airports or Onboard

        April 18, 2022 16:41

        The CDC and TSA report the federal mask mandate is no longer in effect after today’s court ruling. The Administration is still reviewing its legal options for addressing the issue of executive authority to issue public health initiatives. 

        Additionally, Alaska Airlines management just announced via multiple channels that the mask mandate is lifted effective immediately on all aircraft. This policy change has been picked by media outlets, so it is very likely that passengers will be reading this information possibly before crews hear about it.

        We have asked management to push an ACARS message to all aircraft, which we are told should be happening soon–if it hasn’t already.

        Filed Under: Message from the MEC President Tagged With: 2022, mandate, masks

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