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Association of Flight Attendants-CWA Alaska Airlines Master Executive Council

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New Medical Billing Protections For You

Employee Assistance Program (EAP)/Professional Standards Committee

  • New rules that went into place on January 1, 2022 will provide new billing protections related to some medical care expenses.
  • The new rules provide expanded protections against the practice of “balance billing” by providers in certain instances.
  • You can read more about these new protections at www.cms.gov/nosurprises/consumers. 

Starting January 1, 2022, consumers will have new billing protections when getting emergency care, non-emergency care from out of network providers at in-network facilities, and air ambulance services from out-of-network providers. Through new rules aimed to protect consumers, excessive out-of-pocket costs will be restricted, and emergency services must continue to be covered without any prior authorization, and regardless of whether or not a provider or facility is in-network. The Consolidated Appropriations Act of 2021 contains many provisions to help protect consumers from surprise bills starting in 2022, including the No Surprises Act under title I and Transparency under title II. 

What are surprise medical bills?

If you have health insurance and get care from an out-of-network provider or at an out-of-network facility, your health plan may not cover the entire out-of-network cost. This can leave you with higher costs than if you got care from an in-network provider or facility. In the past, in addition to any out-of-network cost sharing you might owe, the out-of-network provider or facility could bill you for the difference between the billed charge and the amount your health plan paid, unless banned by state law. This is called “balance billing.” An unexpected balance bill from an out-of-network provider is also called a surprise medical bill.

What are the new protections if I have health insurance?

If you get health coverage through your employer, the Health Insurance Marketplace®, or an individual health insurance plan you purchase directly from an insurance company, these new rules will:

  • Ban surprise bills for emergency services, even if you get them out-of-network and without approval beforehand (prior authorization).
  • Ban out-of-network cost-sharing (like out-of-network coinsurance or copayments) for all emergency and some non-emergency services. You can’t be charged more than in-network cost-sharing for these services.
  • Ban out-of-network charges and balance bills for supplemental care (like anesthesiology or radiology) by out-of-network providers who work at an in-network facility.
  • Require that health care providers and facilities give you an easy-to-understand notice explaining that getting care out-of-network could be more expensive and options to avoid balance bills. You’re not required to sign this notice or get care out-of-network.

Are there exceptions to these protections?

Some health insurance coverage programs already have protections against high medical bills. You’re already protected against surprise medical billing if you have coverage through Medicare, Medicaid, Indian Health Services, Veterans Affairs Health Care, or TRICARE.

If you would like to learn more about protections for consumers, understanding costs in advance to avoid surprise bills, and what happens when payment disagreements arise after receiving medical care go to www.cms.gov/nosurprises/consumers.

Management vs. State and Local Laws – Part 3

Management vs. State and Local Laws – Part 3

Master Executive Council (MEC), Grievance Committee, Benefits Committee

This is the third in a series reporting on management’s opposition to various state and local laws, the latest developments to complex state law litigations related to these laws that are playing out in Washington and California, and what Flight Attendants can do about it.

Read Part 2 here >

Read Part 1 here >

In This Edition

  • WA Long Term Care (Cares Fund)
  • CA 2021 COVID-19 Supplemental Paid Sick Leave

WA Long Term Care (Cares Fund)

Management will unilaterally decline to initiate payroll deductions for flight crew in January 2022

The Washington Cares Fund is the nation’s first state-administered long-term care insurance program. Benefits will be funded by a 0.58% employee-paid payroll tax beginning January 1, 2022. However, Alaska Airlines management has unilaterally taken the position that the WA Cares Fund does not apply to flight crew and therefore will not initiate payroll deductions this coming January. In an email titled “Important Information About Washington’s Long-Term Care Act” (July 8, 2021), management advised all WA-domiciled Alaska Airlines Flight Attendants that flight crew may still consider pursuing a permanent one-time opt-out of the Program and all associated taxes and benefits by obtaining private long-term care insurance prior to the deadline of November 1, 2021. Currently, there is no opt-out option for any employee who becomes domiciled in (i.e., employed in) Washington after the applicable deadlines.

If management will not deduct flight crew contributions, then why bother opting out?

Flight Attendants may eventually change jobs within the Company (i.e., transfer to another position that is not classified as flight crew) or work for other employers within Washington. Additionally, the Company’s position regarding flight crew is currently untested from a legal perspective. It is entirely possible that the courts may eventually require Alaska Airlines to withhold WA Cares Fund payroll contributions on behalf of flight crew.

Grossly unfair to non-resident employees

Although all WA-domiciled flight crew would otherwise theoretically be required to contribute to the fund (except for management’s unilateral position regarding flight crew and certain state and local laws), only Washington residents may utilize Care Fund benefits. This is grossly unfair to non-resident flight crew (i.e., out of state commuters). Consequently, AFA Alaska agrees with and supports ALPA Alaska in filing legal objections with Washington State regarding concerns that the WA Cares Fund violates the Dormant Commerce Clause, which is inferred from Article I of the US Constitution, and the Privileges and Immunities Clause, which is derived from Article IV, Section 2 of the US Constitution. Resolution under this path could take a very long time, so this is another reason that non-resident WA-domiciled flight crew might consider opting out if possible.

Challenges with opting out

Unfortunately, it is extremely challenging to opt out unless you started applying for private insurance many, many months ago—especially if you are younger. AFA is unaware of any private insurers who are currently offering new long-term care policies. Additionally, there is a significant administrative backlog of applications with all known private insurers, so it is very concerning—and unknown—whether all pending policies will be executed prior to the November 1st deadline.

Will I be required to directly contribute to the WA Cares Fund or pay back contributions not made on my behalf?

Quite simply, it is unclear but doubtful. Again, AFA Alaska agrees with and supports ALPA Alaska filing legal objections with Washington State regarding concerns that the WA Cares Fund raises due process problems insofar as the law does not specify who bears consequences for an employer’s failure to remit employee premiums or what those consequences would be. However, there is no mechanism for employees to make direct contributions to the WA Care Fund, and there is no provision in the law to recoup contributions not withheld and made by the employer.

Interestingly, Alaska Airlines management personnel from the People Team (i.e., Human Resources) have advised individual Flight Attendants who have directly inquired with them that the Company would “likely” be required to pay back the contributions owed on behalf of flight crew if Washington State came back and said that flight crew are required to pay such contributions. This is presumably under a scenario in which the State of Washington prevailed in the courts pursuant to this almost-inevitable dispute. However, Alaska Airlines management has not responded to the Association’s inquiry to confirm such guidance prior to publication of this update.

Estimated (theoretical) contributions

$25k gross annual earnings = ~$12/month | $50k gross annual earnings = ~$24/month | $75k gross annual earnings = ~$36/month | $100k gross annual earnings = ~$48/month

CA 2021 COVID-19 Supplemental Paid Sick Leave

Up to 80 paid hours for certain COVID-19 related absences from a separate employer-paid sick bank

One of the more notable temporary COVID-19 laws is California’s 2021 COVID-19 Supplemental Paid Sick Leave. The law was effective as of March 29, 2021, was retroactive to January 1, 2021, and ends soon on September 30, 2021.  It states that California employees will be paid up to 80 hours by the employer rather than through the employee’s own sick leave bank for COVID-19 related quarantines, vaccination appointments and vaccine symptoms. Click here for FAQs. Thus far, management has denied all requests from Flight Attendants to comply with the law, e.g., to pay out of the separate COVID-19 sick bank.  

Filing a claim

Any CA-domiciled Flight Attendant who has used Sick Leave for COVID-19 related absences between January 1st and September 30th should file a claim or a report of a labor law violation with the Labor Commissioner’s Office, which is the state agency charged with enforcement. Please file a claim as soon as possible, but our understanding is that the state accepts such claims for up to three years. Flight Attendants also always have the option to hire their own attorney at their own expense if so desired.

AFA Alaska representatives are here to help

Although AFA cannot represent any FAs regarding such claims, we would very much appreciate you keeping us posted on any developments. Outside counsel has already responded to some claims with very official-looking but in our opinion not entirely on point legalese. AFA Alaska representatives are more than willing to help by supplying basic information and tips, and we would cooperate with any requests from claim investigators. Do not let management’s legal tactics put you off from pressing forward with your rightful claim!

Management vs. State and Local Laws – Part 2

Management vs. State and Local Laws – Part 2

Master Executive Council (MEC), Grievance Committee, Benefits Committee

This is the second in a series reporting on management’s opposition to various state and local laws, the latest developments to complex state law litigations related to these laws that are playing out in Washington and California, and what Flight Attendants can do about it.

Read Part 1 here >

In This Edition

  • Definition of Sick Family/Sick Child
  • Applicable State Laws
  • Filing a Claim with the Appropriate Agency

Most Liberal of the Flight Attendant Domicile State Laws Definition of “Sick Family/Sick Child”

The Roberts Decision and LOA 5 Sick Family/Sick Child

AFA arbitrated Grievance No. 36-99-02-49-03 “Family Leave Benefits” in 2005, which resulted in a favorable ruling for AFA by now-deceased Arbitrator Thomas Roberts. This award, which is usually referenced as “The Roberts Decision” by AFA and management, was at least in part subsequently incorporated into the current contract via Letter of Agreement 5 “Sick Family/Sick Child”:

[W]henever the collective-bargaining agreement refers to a sick child, it is understood that this is a placeholder for “family member.” With the Association’s agreement, the Company will apply the most liberal of the laws of the states in which Flight Attendants are domiciled in determining the appropriate definition of “family member.” When this definition is determined, including any subsequent amendments pursuant to changes in the law or in the interpretation of the law, the Company will publish the definition and distribute it to the Flight Attendants.

Through arbitration and bargaining, the Company is required to apply the most liberal of the Flight Attendant domicile state laws definition of “family member” for whom a Flight Attendant may utilize sick leave to care for that individual, under what circumstances and whether Flight Attendants will receive points under the Attendance Policy for such absences.

Updated list of qualified family members for Sick Family/Sick Child (as of August 30, 2021)

“Family member” includes: • Spouse • Registered domestic partner • Child (biological, step, adopted, foster, legal ward, or registered domestic partner’s child) of any age • Parent (biological, adoptive, step, foster, parent-in-law, or registered domestic partner’s parent) • Legal guardian of the F/A, spouse, or registered domestic partner as a minor • Individual with whom the F/A has or had an in loco parentis relationship – persons in loco parentis are those with day-to-day responsibilities to care for or financially support a child, or who had such responsibility for the employee when the employee was a child • Grandparent • Grandchild • Sibling

Points for Sick Family/Sick Child (in dispute)

Generally, no points apply for time off to care for the above individuals unless the Flight Attendant does not have enough sick leave to cover the absence. See Bulletin #2021-0059 for more information about the Company’s application in these circumstances. Please note this application remains in dispute via ongoing litigation.

Applicable State Laws

Summary

✅ = Honored | ⚠ = Partially honored and/or in dispute | 🚫 = Denied

State laws that AFA believes should apply to flight crew include but are not limited to:

  • Washington
    • WA Family Care Act (WFCA) – 🚫
    • WA Paid Sick Leave (WPSL) – 🚫
    • WA Paid Family Leave (WPFL) – 🚫
    • WA Long Term Care (Cares Fund) – 🚫
  • Oregon
    • OR Family Leave Act (OFLA) – 🚫
    • OR Paid Family and Medical Leave Insurance (PFMLI) – N/A
  • California
    • CA State Disability Insurance (CASDI) – ✅
    • CA Family Rights Act (CFRA) – 🚫
    • CA Family School Partnership Act – 🚫
  • All
    • Wage statement laws: AK, WA, OR – ✅; CA = ⚠
    • Supplemental/temporary COVID-19 leave laws – 🚫

Washington

WA Family Care Act (WFCA)

  • Reference:  RCW 49.12
  • Rule(s) of Interest to FAs:  Use of accrued vacation pay to care for qualified family members under certain conditions.
  • Status:  State of WA & AFA won lawsuit in 9th Circuit Court of Appeals; however, the Company continues to appeal at state level.
  • AS Compliance: No
  • Contact Information:  Washington State Department of Labor and Industries | Mailing Address: PO Box 44000 Olympia, WA  98504-4000 | Phone:  360-902-5800 | Website:  www.lni.wa.gov –> For Workers –> File a Workplace Complaint

WA Paid Sick Leave (WPSL)

  • Reference:  Initiative 1433
  • Rule(s) of Interest to FAs: (1) Employees can use sick leave for preventative care for themselves and/or applicable family members. (2) Discipline and infractions that may lead to discipline (including Attendance Points) cannot be assessed for use of paid SL. (3) Employees can use paid SL on the 90th calendar day of employment (i.e., during FA probationary period).
  • Status:  A4A is appealing summary judgment motion in favor of State of WA & AFA.  The State of WA won in the 9th Circuit Court of Appeals; however, the Company continues to appeal.
  • AS Compliance: No
  • Contact Information: Washington State Department of Labor and Industries | Mailing Address: PO Box 44000 Olympia, WA  98504-4000 | Phone:  360-902-5800 | Website:  www.lni.wa.gov –> For Workers –> File a Workplace Complaint

WA Paid Family Leave (WPFL)

  • Reference: Builds on FMLA & RCW 50A
  • Rule(s) of Interest to FAs: WPFL is a statewide insurance program that ensures paid family leave for various situations. WPFL usually covers 12 weeks of leave, or up to 18 weeks in certain circumstances, and workers receive between $100 and $1,000 per week depending on their income.
  • Status:  No known disputes currently. – Premiums were to be deducted starting January 1, 2019, and leaves were to be allowed beginning January 1, 2020. 
  • AS Compliance: No
  • Contact Information:  Employment Security Department | Phone:  1-833-717-2273 | Email:  paidleave@esd.wa.gov | Website:paidleave.wa.gov

WA Long Term Care (Cares Fund)

  • Reference:  RCW 50B.04
  • Rule(s) of Interest to FAs:  The WA Cares Fund was created to reduce pressure on the Medicaid system. Once vested, you will be eligible to access a maximum lifetime benefit of $36,500 (adjusted for inflation) to pay for expenses associated with needing assistance with activities of daily living (ADLs). Unlike private insurance that generally requires you to be unable to do two ADLs, the WA Cares Fund requires that individuals need assistance with three ADLs to qualify. Examples of ADLs: Dressing, bathing, cognitive impairment, and other basic functions of your daily routine. Benefits are not portable or payable if you reside outside of Washington state at the time the benefit is needed.
  • Status:  No known disputes currently. – Paid for by a 0.58% tax on employee wages starting January 1, 2022, with benefits beginning in January 2025.
  • AS Compliance:  No – The Company does not intend to collect premiums.
  • Contact Information:  Washington State Department of Social and Health Services | Email:  wacaresfund@dshs.wa.gov | Website: http://www.wacaresfund.wa.gov/

Oregon

OR Family Leave Act (OFLA)

OR Paid Family and Medical Leave Insurance (OPFMLI)

  • Reference:  HB 2005​
  • Rule(s) of Interest to FAs: OPFMLI will provide 12 weeks of paid time off for various circumstances, with weekly benefits capped at $1215. The employee must have earned at least $1,000 in wages during the previous year. This leave will run concurrent with OFLA. 
  • Status: State pushing start date to January 2023 or later
  • AS Compliance:  N/A – Begins in 2023 or later, but AS will likely not follow the law.
  • Contact Information:  Oregon Employment Department | Mailing Address:  875 Union St. NE Salem, OR 97311 | Phone: 503-947-1394 | Email:  paidfamilyandmedicalleave@oregon.gov | Website: https://www.oregon.gov/employ/PFMLI/Pages/default.aspx

California

CA State Disability Insurance (CASDI)

  • Reference:  California Unemployment Insurance Code §2601 et seq.
  • Rule(s) of Interest to FAs:  Partial wage replacement for non-work disability: illness, injury and/or pregnancy. SDI contributions are paid by California workers covered by the SDI program.
  • Status:  No known disputes currently
  • AS Compliance:  Yes – Since 1987
  • Contact Information:  Employment Development Department | Phone numbers:  English: 1-800-480-3287; and Spanish: 1-866-658-8846 | Website:  https://askedd.edd.ca.gov or https://edd.ca.gov/Disability/SDI_Online.htm

CA Family Rights Act (CFRA)

  • Reference:
  • Rule(s) of Interest to FAs: CFRA includes a generous pregnancy disability leave (PDL) and other family care and medical leave provisions under The Fair Employment and Housing Act. Requires 1250 hours in the prior 12 months. CFRA is like FMLA, but CFRA also covers domestic partner and domestic partner’s children. An employer can require the employee to use vacation pay, but the employee cannot use sick leave if not for the employee’s own medical condition. Health benefits must be continued during the leave if the employer is part of a group plan.
  • Status:  No lawsuits known to AFA at this time.
  • AS Compliance:  No
  • Contact Information:  Department of Fair Employment and Housing | Mailing Address: 2218 Kausen Drive, Suite 100, Elk Grove, CA 95758 | Phone: (800) 884-1684 | Email:  contact.center@dfeh.ca.gov | Website:  http://www.dfeh.ca.gov/

CA Family School Partnership Act

  • Reference:  CA Labor Code 230.8
  • Rule(s) of Interest to FAs: Employees may take 8 hours/month up to 40 hours/year to attend any day care or K-12 school function that is sponsored, supervised, or approved by the school, school board, or childcare facility. Time loss may be paid out of vacation pay, compensatory time off (CTO), personal time off or unpaid. Attendance Points may not be assessed for using this leave. Applies to parents, grandparents, or guardians with at least seven days’ notice.
  • Status:  No known disputes currently. – AFA encourages eligible and willing California FAs to request time off under this law and then to file a complaint with the state when denied.
  • AS Compliance:  No
  • Contact Information:  CA Dept of Industrial Relations | Phone Numbers: 1-844-619-8786 or SFO 415-703-5300, LAX 213-620-6330 or SAN 619-220-5451 | Email:  DLSE2@Dir.CA.gov | Website:  https://www.dfeh.ca.gov –> Complaints

Filing a Claim with the Appropriate Agency

AFA cannot file claims on behalf of Flight Attendants, but we’re here to assist

AFA does not have the ‘standing’ to file complaints with state or local agencies on behalf of affected employees–even if those employees are AFA Alaska members. However, we are very much interested in guiding and supporting members to file such complaints. Flight Attendants should reach out to their local AFA Benefits Committee representatives to discuss the law in question, and we will refer you to the applicable state agency so you can file a claim. Flight Attendants should copy an AFA rep into any email correspondence with the state.

Helpful tips

When filing a claim, the Flight Attendant will need to provide evidence of the Company’s refusal to comply with the law. Flight Attendants are encouraged to keep a documentation trail and to file timely as there may be filing timelines. We encourage Flight Attendants to tell any state agency representative that Alaska Airlines is knowingly disregarding the law.  AFA is hopeful that the states will act against Alaska Airlines management directly and compel the Company to comply with applicable state laws.   

In the Next Edition (Publishing Monday)

  • WA Long Term Care (Cares Fund)
  • CA 2021 COVID-19 Supplemental Paid Sick Leave

Management vs. State and Local Laws – Part 1

Management vs. State and Local Laws – Part 1

Master Executive Council (MEC), Benefits Committee, Grievance Committee

This is the first in a series reporting on management’s opposition to various state and local laws, the latest developments to complex state law litigations related to these laws that are playing out in Washington and California, and what Flight Attendants can do about it.

Background

Management alleges that certain state and local laws do not apply to flight crew

Airlines For America (A4A) is an American trade association and lobbying group representing major North American air carriers such as Alaska Airlines.  A4A and/or Alaska Airlines management has taken the position that the Railway Labor Act (RLA) preempts (i.e., invalidates) certain state and local laws that in its opinion overlaps with, conflicts with or complicates various benefits and provisions provided for in collective bargaining agreements negotiated with labor unions representing flight crew. Simply stated, A4A and Alaska Airlines management are making legal arguments in several jurisdictions (e.g., WA, CA, MA and NY) that specific state and local laws do not apply to Flight Attendants and pilots. However, it is notable that management has been honoring the same laws for ground employees–even if they are also covered by contracts negotiated with their respective labor unions and under the RLA.

Management believes that honoring various local laws for flight crew would ultimately lead to competitive disadvantage and tough business decisions in response

Why? Based on our interactions with management, here are some of the reasons offered by management to justify denying flight crew access to various benefits and protections provided for under what management characterizes as a “patchwork quilt” of state and local laws:

  • Administratively burdensome to honor because of the difficulties in tracking the sheer number of such laws and complying with their complexities.
  • Some laws may overlap with and/or conflict with one another and may also apply only conditionally based on the real-time location of an individual crewmember.
  • Significant challenges with overlaying these laws on top of the provisions of existing collective bargaining agreements (e.g., clock hours versus block hours versus TFP; meal, rest break and wage reporting requirements).
  • Honoring such laws for flight crew would create significant operational and financial liabilities for the Company and thereby result in untenable competitive disadvantage. This in turn could lead management to reevaluate the viability of existing crew domiciles in problematic locations and to make tough business decisions about the location of crew domiciles going forward. Management has cautioned your union leadership to beware of the potential for such unintended and undesirable consequences as these would likely be perceived by you as unacceptably disruptive and universally unpopular.

AFA is closely following the preemption litigations with great interest

AFA is closely following the preemption litigations with great interest because the outcomes affect our members at various airlines. However, the legal arguments themselves are generally outside of AFA’s “jurisdiction” in the sense that the Association’s sole duty is to act as the agent for members of the collective bargaining unit under the RLA and to fairly represent them. AFA neither has an obligation to directly participate in the preemption disputes nor has the resources to broadly do so, but nonetheless we have very strategically chosen to intervene in some of the preemption litigations over the past ten years. Several current and former MEC officers and chairpersons have been directly involved in a few cases as complainants, subject matter experts and/or deposed witnesses.

Recent Cases

Washington Family Care Act: Alaska Airlines v. Schurke (WA L&I)

In approximately 2012, Alaska Airlines sued the State of Washington regarding provisions of the Washington Family Care Act (WFCA), alleging that the WFCA does not apply to Washington-domiciled Flight Attendants.  AFA intervened as a defendant in the suit, as this was a case of first impression, and we wanted our interests protected in an area of law not yet addressed. 

The case was initially decided in favor of the State of Washington and AFA. Alaska Airlines appealed the case to the US Court of Appeals for the 9th Circuit.  A panel of three justices decided in Alaska Airlines’ favor. At that point, the State of Washington and AFA requested an en banc opinion, with all justices making a decision.

In August 2018, the en banc opinion ruled in favor of the State of Washington and AFA. Alaska Airlines then filed an appeal with the United States Supreme Court.  The US Supreme Court did not grant the writ of certiori, which means it did not accept the case, and the 9th Circuit ruling stands in favor of the State of Washington and AFA.

The case went back to a state administrative hearing, and the administrative law judge ruled for the State of Washington and AFA.  Alaska Airlines then appealed this ruling. We are currently awaiting a ruling on the appellate case, which hopefully will be issued within the next few months. In the meantime, Alaska Airlines is still not honoring this law. 

Washington Paid Sick Leave: A4A v. WA L&I and Joel Sacks

In early 2018, AFA demanded that Alaska Airlines comply with a new State of Washington law:  Washington Paid Sick Leave (WPSL) law.  Alaska’s response to AFA’s formal demand was to have A4A file suit against the State of Washington on behalf of all airlines it represents.  Again, AFA was an intervenor in this lawsuit.  The State of Washington and AFA won this suit in a summary judgment motion; A4A appealed the ruling.

On November 17, 2020, the parties argued in front of the US Court of Appeals for the 9th Circuit, and a decision was returned very recently that ruled in favor of the State of Washington and AFA.  At this juncture, AFA has every reason to believe that A4A will attempt an appeal with the US Supreme Court.  In the meantime, Alaska Airlines is still not complying with the law. 

California overtime, meal & rest breaks, and wage statement laws: Bernstein v. Virgin America

In 2018, a California state court ruled in favor of Virgin America Flight Attendants, which resulted in an initial award of just under $78 million when factoring in legal fees and other costs.  Alaska Airlines appealed this judgment, and it currently remains in the appeal process. 

California wage statement laws: Gunther v. Alaska Air Group Inc.

In May 2019, a California state court ruled in favor of an Alaska Airlines Flight Attendant who brought her own wage statement non-compliance lawsuit against Alaska Air Group.  The court ruled against Alaska Airlines on behalf of all California-domiciled Flight Attendants and issued an award of $25 million.  Seventy-five percent of the award is to be paid to the State of California, and the remaining twenty-five percent of the award is to be paid to California-domiciled Flight Attendants with no more than $4,000 to each Flight Attendant. Alaska Airlines also appealed this judgment, and it is presently still in the appeals process.

New and Pre-Existing Laws Denied

In response to litigation of the Washington State leave laws initiated directly by Alaska Airlines management or indirectly via Airlines for America (A4A), management has simply denied flight crew access to the benefits of new laws. Management also retracted a Flight Attendant’s ability to use several state laws already existing at the time litigation was filed. One example of such retraction is the California Family School Partnership Act, which management allowed California-domiciled Flight Attendants to use for many years prior.

Next Up (in “Management vs. State and Local Laws – Part 2”)

  • Definition of Sick Family/Sick Child
  • Applicable State Laws
  • Filing a Claim with the Appropriate Agency

AFA Update – March 19, 2021

In This Edition

  • How the First Amendment Applies in the Workplace
  • Benefits Enrollment Upon Returning from a Leave of Absence (including EVF or ELOA)
  • What’s the Difference Between a Fear and a Phobia?
  • REMINDER: Scholarship Opportunities

How the First Amendment Applies in the Workplace

Grievance Committee

The Grievance Committee is hearing a lot of chatter from Flight Attendants believing they are exempt from discipline from harassment or discrimination due to their First Amendment rights of freedom of speech and freedom of religion.  We’d like to give a brief overview of how the Amendment actually affects one who works for a private employer such as Alaska Airlines.

The First Amendment of the United States Constitution prevents the government from making laws which regulate an establishment of religion, or that would prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

The key word in the Amendment is government.  Alaska Airlines is a private rather than governmental employer.  It can legally establish system regulations or people policies enforcing its behavioral and disciplinary standards providing these policies do not violate state and/or federal law.  

Present federal law protections from discrimination regarding employment decisions are based on race, color, national origin, religion, gender (including pregnancy), disability, age (if the employee is at least 40 years old), and citizenship status.  The Equality Act is also adding protections based on one’s sexual orientation and gender identity.  These protections safeguard people who fit those categories from being discriminated against regarding employment decisions based on that status.  For example, Alaska Airlines couldn’t refuse to hire an otherwise qualified candidate only because s/he is 41 years of age.  

What the law doesn’t allow for is using your protected status as a defense to harass or discriminate against others.  For example, someone over 40 years of age may not harass another person based on their race because they believe themselves to be an “old school thinker” and are basing their actions on beliefs/feelings from when they were younger or when things “were different.”  This becomes an issue of harassment and/or discrimination and the harasser is not protected from discipline because they fall into the protected class of age.  This applies to all protected classes. 

The Alaska Airlines People Policy clarifies what constitutes harassment and discrimination, and the Grievance Committee has seen the Company discipline based upon those policies and the law.  While one may not intend to harass or discriminate, Alaska Airlines typically looks at the impact on the person being harassed and not the intent of the harasser.  So, while everyone is entitled to their private opinion or to share their opinion with their government, one can be disciplined for sharing an opinion deemed harassing, discriminatory or intolerant in the workplace or via social media if such nexus can be made to your private employer.  We share this information in the attempt to educate our fellow members and prevent any further discipline or terminations.

Questions?

Please contact your Local Grievance Committee if you have any questions.

Benefits Enrollment Upon Returning from a Leave of Absence (including EVF or ELOA)

Benefits Committee

As a reminder, Flight Attendants returning from a leave of absence, including EVF or ELOA, must complete the enrollment process again in order to maintain or reinstate company health benefits.  Optional coverages which were not in place during the leave such as FSA contributions or Supplemental Short-Term Disability must be re-added to your coverage.  Previously elected benefits do not resume automatically.  It is essential to contact Alaska Airlines Benefits at (844) 231-3476 or visit www.myalaskabenefits.com within 31 days from the date of returning to work to verify, enroll or make changes to benefits.  If enrollment is not completed during this window, no changes are able to be made until the next open enrollment period and your current health benefits may terminate, even if you maintained coverage during your EVF or other leave. 

Questions?

If you have any questions or need assistance, please contact your Local Benefits Committee.

What’s the Difference Between a Fear and a Phobia?

Employee Assistance Program (EAP)/Professional Standards Committee

Phobias come in many different forms. Acrophobia is the fear of heights. Trypanophobia is the fear of needles. Hodophobia is the fear of traveling.  Phobias are one of the most common mental health disorders with 11% of people experiencing at least one phobia over her/his lifespan.  So, what is the difference between a fear and a phobia? 

Fears have a protective purpose.  They make us alert to danger and prepare us to deal with it.  Phobias involve the experience of persistent fear that is excessive and unreasonable. A fear of being hit by lightning during a thunderstorm will result in most of us leaving the beach when a thunderstorm pops up. Most would call this a reasonable, if not healthy fear.  Once the thunderstorm clears, we go back onto the beach.  Those with a phobia about being struck by lightning, which is called astraphobia, may find it difficult to even venture outside with a concern that a thunderstorm could pop up anytime.   The key to distinguishing a fear from a phobia is whether the person is physically and/or psychologically impaired by her/his worry.  In short, a phobia is a fear of being afraid. It results in a person limiting or eliminating normal life activities just to avoid the triggering objector event.  

Most people generally don’t seek treatment for phobias. Only 6% of people with a phobia ever go in for treatment.  This low treatment rate is due in part because those with a phobia are not totally disabled by it. Many are able to successfully create routines to avoid their trigger(s).  Not before a person’s phobia is extremely severe or life limiting does one typically seek help.

Even though phobias can be very disabling and downright exhausting, the great news is that phobias in children, adolescents and adults are also very treatable. If you’d like confidential assistance with a phobia or other anxiety disorders, call one of your Local EAP Committee Members. You can find contact information on the EAP Committee page of afaalaska.org.

REMINDER: Scholarship Opportunities

AFA International

In a previous AFA Update sent out on January 22, information was shared about scholarship opportunities available to AFA and CWA Members as well as certain eligible dependents.  Details about both scholarships, as well as information on how to apply, can be found by following the links below. 

AFA Scholarship Fund

The Association of Flight Attendants Scholarship Fund is intended to provide financial assistance to dependents of our active members who will be attending a college or university.  The deadline for applications is April 10.  Details are available on the AFA International website at http://www.afacwa.org/scholarships.

CWA Joe Beirne Scholarship

The Joe Beirne Scholarship is offered by CWA. The deadline for applications is April 30.   Details on this scholarship are on the CWA website at http://www.cwa-union.org/pages/beirne.

Upcoming 2023 AFA Board of Directors Meeting

Master Executive Council (MEC) Next week, our Master Executive Council (MEC) Officers, Local Executive Council (LEC) Presidents, and many other LEC Officers and Committee Chairs will be attending the 50th Annual AFA Board of Directors (BOD) meeting being held virtually. They will join representatives from the other airlines that make up AFA to conduct the business of […]

2023 College Scholarship Opportunities

AFA International As an AFA and CWA Member, you and/or certain eligible dependents have the opportunities for at least two different scholarships for the pursuit of higher education.  The time for applying is now! Brought to you by our Union, these benefits of union membership have become very popular with Members.  Please see the respective links for […]

EAP/Professional Standards Committee News – March 2023

EAP/Professional Standards Committee Our AFA EAP/Professional Standards Committee (Members helping Members) seeks to assist Members, their families, and partners experiencing personal and work-related problems that could or are affecting their health and well-being on and off the job. Our EAP committee is a Union-sponsored support service provided by Flight Attendants for Flight Attendants, their families, […]

Reserve Committee Meeting Recap – 1st Quarter 2023

Reserve Committee On Thursday, March 9, representatives from our AFA Local Reserve Committees met to discuss their ongoing work to advocate for Reserve Flight Attendants. Representing you at the meeting were Heather Reier (ANC), Teran Eason (SEA), Anthony Eskander (PDX), Meghan Casey (SFO), Kanako Yamada (LAX), and Rebecca Garcia (SAN).  Also present was MEC Reserve […]

Help Support SkyWest Flight Attendant Organizing in LAX & SAN!

AFA International SkyWest Flight Attendants are organizing to form their Union and join AFA-CWA! Help support their efforts by joining in an upcoming SkyWest AFA “Concourse Chats” visibility event. The goal of the events is to engage 1-on-1, in-person and have conversations with SkyWest Flight Attendants to learn their issues and priorities and invite them […]

Response to the November 18th Inflight Town Hall Webcast

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California meal & rest breaks Management’s continued scare tactics and speculative “what-if’s” as put forward during the Inflight Town Hall webcast today regarding California meal & rest breaks are unnecessary and extremely disappointing. Although it is true there are some challenging aspects of compliance with California meal & rest break laws for commercial aviation, AFA […]

ALPA Alaska Approves Tentative Agreement for Pilot Ratification

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Master Executive Council (MEC) President Jeffrey Peterson The Air Line Pilots Association (ALPA) Alaska Airlines leadership recently announced they approved a tentative agreement (TA) with Alaska Airlines management for pilot ratification. Click here for the Alaska Airlines Pilots TA Quick Guide (September 2022) > At a quick glance, the TA contains impressive improvements to scope, […]

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