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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.

AFA Update – April 20, 2020

In This Edition

  • Flight Attendant Addiction Support (FAAS) Program
  • Cornerstone App Replacement
  • Vacation While on a Staffing Adjustment Leave of Absence
  • AFA EAP Support Services – Week of April 20
  • Union Plus – Bachelor’s Degree Completion Program

Flight Attendant Addiction Support (FAAS) Program

Employee Assistance Program (EAP)/Professional Standards Committee

The Flight Attendant Addiction Support Program (FAAS) is a program that allows Flight Attendants who deal with substance use problems and dependency the ability to obtain appropriate treatment without the threat of automatic termination.  The program is several years in the making and has been a joint effort between AFA Alaska EAP, AFA International EAP, and Alaska Airlines management.  The FAAS Program became available for use as of March 1, 2020 and is available to all non-probationary Flight Attendants. 

Under the FAAS Program, there are three pathways for seeking support and treatment:

  1. Proactive Self-Referral
  2. Proactive Self-Disclosure/Reactive Self-Referral
  3. Violation of DOT regulations or Company Drug and Alcohol policy

More information about these pathways, conditions for participation, effect on employment status, options for payment of treatment, and recovery support can be found in the FAAS Program Manual.  You can access the manual on the Inflight website under Administration > FA Addiction Support Program > FAAS Program Manual or on the IMD in GoodReader > ASFASupplemental > FAAS Program.

Note: The MEC would like to thank MEC EAP Committee Chairperson Elizabeth Dillon, Vice Chairperson Jeanne McCleave, and SAN LEC Vice President/EAP Committee Chairperson Melanie Buker for their enduring efforts in seeing this program through to realization. 

Questions?

If you have any questions about the FAAS Program, please contact your Local EAP Committee.

Cornerstone App Replacement

Inflight Training Committee

On March 30, management announced that the Cornerstone app would be replaced with the new Cornerstone Learn app.  The replacement of the Cornerstone app is a welcome announcement given the ongoing technical issues and challenges that the app has presented to our Flight Attendants.  Management has indicated that the new Cornerstone Learn app has greater reliability than the legacy Cornerstone app and should be easier for Flight Attendants to use.  Though AFA representatives have had the opportunity to briefly test the new app, there were several technical issues identified and we are skeptical that the new platform will resolve all of the outstanding issues that Flight Attendants experienced with the old app.

Sync Your Training Before April 30

In bulletin #2020-0024 (AAG sign-on required), published on March 30, management provided notification that the legacy Cornerstone app will no longer be supported after April 30.  If you have started or completed any training using the download feature in the legacy Cornerstone app, you must ensure that you sync the Cornerstone app on your IMD so that your progress is transferred to the new Cornerstone Learn platform.  You can find more information about how to sync in the bulletin under the “New Mobile Learning App” heading.

Questions?

If you have questions about the new Cornerstone Learn app or how to ensure that your training is synced in preparation for the transition, please contact Inflight Training management directly at inflight.training@alaskaair.com.

Vacation While on a Staffing Adjustment Leave of Absence

Master Executive Council (MEC)

If you’re taking an upcoming staffing leave of absence and have vacation days that are scheduled during your leave, those vacation days will be removed from your roster and replaced with the coding for your leave of absence.  The MEC would like to ensure that you are aware of the options that you have to either move or be paid out for your vacation days, which are as follows:

  • Trade Your Days With Vacation Open Time.  Identify available days in vacation open time and email F/A Crew Pay (fa.crewpay@alaskaair.com) to let them know the days that you’d like to trade into.  F/A Crew Pay will process the change.  Vacation open time can be viewed on the Inflight website under Schedule & Bidding > Vacation Trading > Vacation Open Time.  The calendar will display the number of open slots on each day for your base.
  • Request That Your Vacation Be Paid Out Now.  If you would like your vacation to be paid out now, complete and submit a Vacation Payout Form.  The form is located on the Inflight website under Administration > Pay & Benefits > Vacation Payout Form.  As long as the form is submitted 7 or more days prior to pay day, your vacation will be paid out on your next available check.
  • Do Nothing and Be Paid Out Later. If you do not trade your vacation days or request that they be paid out now, they will be paid out automatically on February 5, 2021.

Questions?

If you have questions about any of the above options or need assistance, please contact your LEC Officers.

AFA EAP Support Services – Week of April 20

Employee Assistance Program (EAP)/Professional Standards Committee

AFA EAP has put together several resources to help Flight Attendants manage their personal mental health and wellness during the COVID-19 outbreak.  All services are available in either a telephone or online format.  For a complete list of support services being offered, schedules for the week of April 20, and access information, please click here.

Questions?

If you have any questions about available EAP support services, please contact your Local EAP Committee.

Union Plus – Bachelor’s Degree Completion Program

AFA International

Because of the current economic and health uncertainty facing many union members, students who enroll in the Union Plus Bachelor’s Degree Completion Program, in partnership with Central State University, in the summer 2020 term will complete their entire degree for free.

There will be no out-of-pocket cost for tuition, fees, or e-books until graduation, not just the summer term. Students may enroll part-time, but continuous enrollment is required.  Students must complete the FAFSA and the financial aid process.

Summer classes begin May 18, 2020.

Unemployed, furloughed or laid off union members and their extended families are still eligible to enroll in the Bachelor’s Degree Completion Program.

Questions?

You can learn more by calling 888-897-9671 or get started online at https://bachelorsdegree.unionplus.org.

AFA Update – April 6, 2020

In This Edition

  • Cancellation of April & May Recurrent Training
  • Reminders About Layover Transportation and Meals
  • Reporting Uniform Reactions
  • Voluntary Benefits Updates & Information
  • AFA EAP Support Services
  • CWA/NETT and LinkedIn Learning

Cancellation of April & May Recurrent Training

On Friday, management announced that they would be cancelling recurrent training (RT) for the months of April and May as a precautionary measure in the wake of the COVID-19 outbreak.    Along with the cancellation announcement, management also provided information about an FAA temporary exemption granting a two-month extension to Flight Attendants with April and May base months (as well as some Flight Attendants scheduled for RT at the end of March).  This exemption will give affected Flight Attendants an additional two grace months during which to complete RT in 2020 (e.g. a Flight Attendant whose base month is April and grace month is May will now have June and July as additional grace months this year).

AFA representatives have requested that management remove the April cancelled classes from rosters in Crew Access as soon as possible in order to allow Flight Attendants to manage their schedules and trade and/or pick up flying if desired.  Crew Planning is also in the process of removing RT pre-planned absence from NavBlue to allow Flight Attendants who were scheduled for class in May to bid normally.  Management has indicated that they will contact Flight Attendants whose RT class has been cancelled to discuss rescheduling options but they have not yet provided AFA with specifics on what the process for rescheduling will be.

If you have questions about the April/May recurrent training cancellations, please contact Inflight Training management directly at inflight.training@alaskaair.com.

Reminders About Layover Transportation and Meals

Hotel Committee

Dedicated Crew-Only Layover Hotel Transportation

The AFA Coronavirus (COVID-19) Update – March 19, 2020 provided information about the temporary implementation of dedicated crew-only layover hotel transportation.  Management also communicated this information in bulletin #2020-0016, issued on March 17.  As a reminder, this crew-only transportation may be either hotel-provided van that is dedicated for crewmembers only or separate contracted transportation.  Please reference your trip information in Crew Access to determine whether the hotel or a contracted vendor will be providing layover hotel transportation.  You can also find a complete list of dedicated transportation providers on the Inflight website > Hotel, Travel, & Station > Hotel News > Dedicated Transportation.

As always, if you encounter any issues with a transportation provider, please notify your AFA Hotel Committee by filing a CrewCare report.

Food Availability on Layovers

At the request of AFA, management has compiled a list of food availability at each layover hotel throughout the system.  This list is updated regularly to ensure the most up-to-date information.  It can be found on the Inflight website > Hotel, Travel, & Station > Hotel News > Food Availability.

Questions?

Your AFA Hotel Committee is here to assist and support you in all matters related to layover hotels and transportation.  You can find contact information for your Local Hotel Committee by clicking here.

Reporting Uniform Reactions

Air Safety, Health, & Security Committee (ASHSC)

With the launch of the new Unisync uniform, our AFA Air Safety, Health, & Security Committee (ASHSC) and Uniform Committee would like to offer a reminder about how to report reactions or safety concerns related to the new uniform pieces.  Management has outlined the process for reporting these concerns in a document that is housed on the uniform subsite of Alaska’s World.  You can access the document directly by clicking here (AAG sign on required).

Questions?

If you have questions about how to report uniform reactions or need assistance in navigating the process, please contact AFA Uniform Safety Representative Deb Wallstrom at uniform.reactions@afaalaska.org.

Voluntary Benefits Updates & Information

Benefits Committee

Our AFA Benefits Committee has received information that Alaska employees who have either 401(k) through Vanguard or Alaska Credit Union loans may be eligible for modified payment arrangements.  National Group Protection (NGP) has also provided information about continuation of coverage for anyone enrolled in the NGP/CAIC supplemental benefits program who takes a leave of absence.

Vanguard – 401(k) Loans

  • You can suspend a loan for up to 12 months
  • It can take up to two pay periods to process the suspension
  • Once the request has been processed, the 12 month suspension begins
  • You can reinstate payments earlier without penalty
  • You can also make payments during the suspension of any amount without penalty.  If you choose to do so, it will not restart your loan.
  • You will accrue interest during that time – but this is interest you pay yourself.  This may adjust your loan payment amount once your loan is reinstated.

For assistance with Vanguard 401(k) loan suspensions, contact Vanguard Participant Services at (800) 523-1188 (available Mon-Fri, 5:30 AM to 6 PM Pacific time).  You can also reach out to Jamie Smalley with specific questions at jaime.smalley@alaskaair.com.

Alaska Air Group Credit Union Loans 

The Alaska Air Group Credit Union (AAGCU) is offering an emergency skip-a-payment option that may allow customers to skip to three monthly payments on certain AAGCU loans.  For more information about this program, including a link to apply, please visit the AAGCU website by clicking here.

AFA Supplemental Benefits – National Group Protection

National Group Protection (NGP) has provided information for those who are enrolled in the NGP/CAIC supplemental benefits program and take a Leave of Absence (LOA).  These special provisions include:

  • Coverage will continue without interruption during the LOA
  • Premiums are not due during the LOA
  • CAIC will honor claims during the LOA
  • No action is required on your part to maintain your coverage

Complete information can be found in this document.  If you have any questions, please contact National Group at (800) 344-9016 or service@ngp-ins.com.

AFA EAP Support Services

Employee Assistance Program (EAP)/Professional Standards Committee

AFA EAP has put together several resources to help Flight Attendants manage their personal mental health and wellness during the COVID-19 outbreak.  All services are available in either a telephone or online format.  For a complete list of support services being offered, schedules, and access information, please click here.

Questions?

Please contact your Local EAP Committee for more information or assistance.

CWA/NETT and LinkedIn Learning

AFA International

As a part of CWA, AFA members are entitled to take advantage of complimentary online learning through CWA/NETT.  CWA/NETT provides you and your family with access to hundreds of online training courses through LinkedIn Learning. This might be the perfect time to brush up on existing skills or learn new ones. 

Examples of learning titles include:

  • Zoom Meetings
  • Microsoft Collaboration
  • Microsoft Excel
  • Sharepoint

You can get started by completing this form.  The form requires your CWA local number, which you can find on the Contact Us page of the AFA Alaska website under FAQs > Membership and Dues Questions > What’s My CWA Local Number.

Questions?

If you have any questions, please contact your LEC Officers.

Staffing Adjustment Leave, Low Bid Option or …?

Legal disclaimer

Because of the complex interaction between the administration of the various state unemployment insurance (UI) programs; the components of the Coronavirus Aid, Relief and Economic Security (CARES) Act; and the Company’s response to claims, AFA Alaska leadership can neither provide definitive advice for filing UI claims nor assurance of receiving a benefit. The information provided in this communication does not, and is not intended to, constitute legal advice. We will, however, provide as much information as we can and be as transparent as possible about the options.

Thank you for your patience 

Many of you are looking to AFA for insight into staffing projections and for guidance whether to apply for one of the COVID-19 leaves of absence (or potentially to extend if you are already on one), the COVID-19 Staffing Adjustment leave of absence (LOA) or the Low Bid Option…or to hold out for the potential of “something else.” The Master Executive Council (MEC) sincerely thank you for your patience while we’ve taken the better part of this past week to understand all the pieces of the puzzle and to determine management’s intent. We know the deadline to apply for the May COVID-19 Staffing Adjustment LOA or the Low Bid Option is very soon: Monday, April 6, 2020 at 9 AM PT. 

No paid voluntary staffing adjustment or “Early Out”

As of this writing, there is no “something else” pending in the near future: neither a paid voluntary staffing adjustment leave nor an early retirement (“Early Out”) package. AFA initiated preliminary discussions with management about an Early Out, but management is not interested in actively exploring an AFA-driven retirement package at this time. The MEC is aware that management is developing a Company-wide incentive for early retirement, but management has not provided any additional details. 

May staffing

We’re going to level with you that the May schedule is even more significantly reduced than anticipated and the staffing outlook is bleak. As of this writing, AFA’s “back of the beverage napkin” calculations suggest that out of 6000 Flight Attendants, there will be approximately 1700 FAs on a staffing adjustment leave, 360 FAs on various other leaves, 1250 regular Lineholders, 200 Low Bid Option (LBO) Lineholders and 2490 Reserves. These projections are based on a 75 TFP line average in every domicile. The confidence level in our calculations is roughly plus or minus ten percent (+/-10%), and the numbers could shift if more FAs go on leave or apply for LBO. 

May scheduling and pay

Individual Lineholders will receive a line award of no less than 75 TFP plus or minus 10 TFP. Individual LBO Lineholders will receive a line award of no less than 37.5 plus or minus 5 TFP. [Click here for the §10.Q Low Bid Option LOA (12/19/2017) > ] The reserve pool will potentially encompass the bottom two-thirds of the seniority list of bidding FAs. Reserves are guaranteed 90 TFP for 18 days of reserve, and management is not offering LBO Reserve at this time. (See Inflight Mobile Device > Goodreader app > Supplemental Folder > Reserve Survival Guide for additional reserve resources.)

No involuntary furloughs?

Airlines (and airport companies that employ workers) may access federal aid for the sole purpose of continuing pay and benefits for employees. A condition of airlines accepting payroll grant money under the CARES Act isthat the accepting airline may not involuntarily furlough or reduce pay rates and benefits for US-based workers through September 30, 2020. Alaska Airlines management has gone on record that the Company is applying for the aid money. [See “Financial relief: you have questions and we have (some) answers” (AAG login required) for more info.] However, there are several burdensome stipulations being made by the Department of Treasury as conditions of airlines accepting the money. Although there are no indications at this time that Alaska Airlines management will decline the aid, the outcome is yet to be determined.

Unemployment insurance benefits under the CARES Act

Unemployment benefits are determined by the state in which you are domiciled

There are several increased unemployment insurance (UI) benefits under the CARES Act (or COVID-19 Relief Act). Read more >

UI benefit eligibility, payments and duration of benefits vary by state. The number or proportion of reduced hours to qualify for UI benefits such as under the Low Bid Option also varies by state. UI benefits are determined by the state in which you are domiciled and not the state in which you reside if that is a different state. Click here for eligibility requirements in your state >

UI benefits are very likely for voluntary or involuntary leaves or reduction in hours due to COVID-19

If you take a voluntary or involuntary leave or a reduction in hours because of COVID-19 (that reason is key), then you are very likely eligible for UI benefits under the CARES Act. However, you are probably ineligible for the COVID-19 UI benefits if you are receiving paid sick leave or other forms of paid leave (such as when coordinating sick leave or vacation/Longevity Paid Time Off). Most states have loosened or eliminated job search requirements to be eligible for unemployment related to COVID-19.

Unemployment Insurance typically does not cover employees who took a leave or left their jobs voluntarily unless it was in response to the COVID-19 downturn. That is why it is important to have a verification letter stating the leave/furlough/reduction in hours is due to COVID-19. It is also crucial when applying for UI benefits that you state as often as you can that you are on a leave/furlough/reduction in hours “due to COVID-19.”

Management to “remain neutral” on unemployment claims

Management has committed to “remain neutral” on unemployment claims, which means the Company will not contest claims and therefore the state will exclusively determine eligibility for UI benefits. The MEC is aware of a popular misconception that the state will automatically deny UI benefits if the employer reports the leave as voluntary, but that is not true. 

Reason provided by the Company for the LOA or reduction in hours

Management has informed AFA that the Company will provide the state with the following reason for the respective leave of absence (LOA) or reduction in hours: 

  • “Due to a school or childcare closure because of COVID-19” [School/Childcare Closures or Educational Disruption LOA (EDLOA)]
  • “To self-isolate due to COVID-19” [Self-Isolation or Voluntary Quarantine LOA (VQLOA)]
  • “Voluntary leave of absence in response to a reduction in capacity related to COVID-19” [COVID-19 Staffing Adjustment LOA] 
  • “Due to a reduction in capacity related to COVID-19, the employer has reduced hours for this employee” [Low Bid Option]

Written verification of your leave status

If you do or did not receive a written verification of your leave status or your reduced schedule when approved for the leave or reduced schedule, you may request such verification through the HR/People Resource Line by calling 1-844-899-3617 or emailing HRBP@alaskaair.com. 

Weekly UI payments

The weekly UI payments that eligible workers can receive was increased by $600 through July 31, 2020. The $600 UI payment from the federal government is over and above the UI payment from the state. Combining the federal and state UI payment, it is possible to receive nearly the same income or maybe even more than if you are working depending on your state (Washington is very favorable) and your income during the qualifying period. As stated earlier, you are probably ineligible for the COVID-19 UI benefits if you are receiving paid sick leave or other forms of paid leave (such as when coordinating sick leave or vacation/Longevity Paid Time Off). UI benefit payments are taxable income. Taxes are usually withheld from UI benefit payments at 10% by default unless the employee opts out of withholding.

Which option is best?

Every situation is unique, so the answer will be different for everyone. [Visit the Company’s Alaska AFA COVID-19 Leaves page to learn more information about your leave options, including a side-by-side comparison document: COVID-19 Employee Leave Programs Comparison (AAG login required).]

School/Childcare Closure or Educational Disruption LOA (EDLOA)

  • Duration: Length of the school/childcare closure
  • Documentation: Leave application, proof of closure may be requested
  • Health insurance coverage: Continued and maintained by paying the active employee rates
  • UI benefits: Almost definite yes if unpaid. Very likely ineligible if paid (i.e. coordinating sick leave or vacation/Longevity PTO)
  • Travel privileges: Suspended for FA but remains in effect for dependents

Self-Isolation or Voluntary Quarantine LOA (VQLOA)

  • Duration: Self-selected for up to 30 days but leaves are being extended upon request. (If you desire a longer leave, indicate “30 days but requesting to extend to xx days”)
  • Documentation: Leave application. No additional documentation required if selecting “I wish to remove myself from the workplace due to exposure to COVID-19 but I have not been diagnosed with COVID-19 or am symptomatic.”
  • Health insurance coverage: Continued and maintained by paying the active employee rates
  • UI benefits: Almost definite yes if unpaid. Very likely no if paid (i.e. coordinating sick leave or vacation/Longevity PTO) 
  • Travel privileges: Suspended for FA but remains in effect for dependents

COVID-19 Staffing Adjustment LOA

  • Duration: Bid month
  • Documentation: Leave application
  • Health insurance coverage: Continued and maintained (i.e. paid) by the Company
  • UI benefits: Confidence is high but still untested 
  • Travel privileges: Remain in effect
  • 240/480/960: “Double 480 credit” of 2.667 TFP per day or 82.7 TFP for May

Unpaid VQLOA vs. Staffing Adjustment LOA

On the balance, an unpaid VQLOA is the most flexible leave option and the most likely to be eligible for a UI benefit payment. Flight Attendants can also apply for the VQLOA now—no need to wait until May. However, the Flight Attendant must pay the active employee rate for continuation of health insurance and her/his pass privileges are suspended while on the leave. 

If a Flight Attendant is willing to accept a little risk by potentially going without an income (no UI benefit) for the month of May, then s/he can apply for a Staffing Adjustment LOA. If s/he is successful in obtaining the UI benefit while on this leave, then the FA will have Company-paid health insurance coverage and retain her/his travel privileges in addition to having supplemental income from the UI benefit payment. 

Another option to consider is to go on a VQLOA now through the end of May. If other Flight Attendants have been successful in obtaining a UI benefit payment while on a Staffing Adjustment LOA in May, then one could apply for a Staffing Adjustment LOA in June.

These are very difficult and stressful times for all of us.  This has been a fluid situation, but please know that we are committed to achieving the best solutions possible for our Flight Attendants.  We’ve tried to give you as much current and factual information as possible but there is no ‘right answer’ for everyone.  Each decision must be based on your best assessment of the available options. 

If you are confused by the many opinions and inaccurate information being offered, you are not alone.  Your AFA representatives are committed to ensuring that you have the information you need and will be happy to answer questions.   If you have a question, please reach out to your LEC Officers, either by phone or email.

In Solidarity,

Your MEC – Jeffrey Peterson, Brian Palmer, Linda Christou, Matt Cook, Terry Taylor, Mario de’Medici, Melissa Osborne, Tim Green and Brice McGee

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