Grievance Committee

MEC Grievance Committee Chairperson Interviews

July 29, 2016 05:00

The MEC would like to thank Jennifer Wise MacColl for her work as MEC Grievance Committee Chairperson over the past several years. In her role, Jennifer has been a fierce advocate for Flight Attendants in numerous contractual and discipline cases. Jennifer will continue her AFA work as a member of the Joint Negotiating Committee (JNC) pending the planned acquisition of Virgin America by Alaska Airlines.

Background

The MEC Grievance Committee Chairperson is responsible for leading the committee’s effort to advocate for Flight Attendants in contractual and disciplinary cases. The Chairperson also serves as a resource to Local Grievance Committees in all aspects relating to grievance and contractual enforcement matters.

Additional Information from The MEC Policy Manual

1. SCOPE

a. The Grievance Committee will have as its primary objective the protection of all Flight Attendants against arbitrary and unjust disciplinary action.

b. The Grievance Committee shall uphold the current agreement, MEC policy and the AFA-CWA Constitution and Bylaws.

c. The Grievance Committee shall act to secure the fastest possible procedures for all Flight Attendants in the arbitration of their grievances for disciplinary action.

d. The Grievance Committee shall follow the direction of the Grievance Screening Panel.

2. POLICY/RESPONSIBILITIES

a. The MEC Grievance Committee shall consist of the MEC Chairperson and the Local Grievance Committee Chairperson from each council. The MEC may also appoint MEC Vice Chairpersons and MEC Grievance Representatives to the MEC Grievance Committee on an as needed basis.

b. The committee will assist AFA-CWA attorneys in the preparation of all ALA Flight Attendant grievances.

c. Proposed settlements of disputes between the Union and the Company shall be presented to the MEC President.

d. Priority at the System Board shall be given to Flight Attendants who have been terminated by the Company. Issues of sufficient importance to the collective interest can be scheduled ahead of termination grievances with the MEC President’s concurrence.

e. If any dispute arises regarding the merits of a contract grievance, the MEC will have the authority to terminate or continue the grievance process.

f. Grievant will be advised, via Certified Mail, of any Grievance Screening Panel determination.

g. The MEC Chairperson shall:

(i) Serve as a member of the Grievance Screening Panel

(ii) Attend all discussions of contract items at all regularly scheduled MEC meetings.

(iii) Compose informational and educational articles of interest to the membership and provide them to the MEC Communications Chairperson to be included in MEC communications and posted to the MEC website. This will include the minutes of all Alternate Dispute Resolution (ADR) meeting minutes.

Qualifications

Previous Union grievance or equivalent labor relations experience required
Understanding of the principles of just cause
In-depth knowledge of the collective bargaining agreement (CBA)
Ability to attend meetings as required, including being present in Seattle at least four days per week
Ability to attend AFA International and other required training as needed
Adherence to Grievance Committee policies, procedures, and standards of ethical conduct
Strong computer skills. Excellent working knowledge of Google email and Microsoft Office. Knowledge of osTicket platform helpful.
Strong written and verbal communication skills. Ability to write communications, respond professionally to internal and external e-mail, prepare reports, and take meeting minutes. Ability to pay close attention to detail.
Ability to prioritize responsibilities and perform multiple tasks simultaneously
Ability to meet deadlines and follow up on assigned tasks
Ability to maintain confidentiality of sensitive and personal information

Duties

Enforce the contract
File grievances and maintain the master grievance log
Collect evidence, solicit documentation, and maintain complete records.
Ensure that time limits are met for filing
Represent AFA in alternate dispute resolution (ADR) meetings, grievance hearings, System Board hearings, and other meetings with management.
Assist Union attorneys in preparing grievances for System Board
Review material, handle correspondence, and keep the Local Grievance Committees well informed of current grievance developments
Communicate regularly with the membership about decisions on grievances; explain ramifications of results
Write grievance articles for membership communications upon request of the MEC Communications Committee
Prepare and send a monthly committee report to the MEC

Time Commitment and Flight Pay Loss Reimbursement

This position is budgeted for 100 TFP of Flight Pay Loss (FPL) per month
Time commitment is approximately four days per week in the MEC Office in Seattle with additional work completed remotely or in the office as necessary

Working Relationships

With The Local Grievance Committees

Constant interaction with the Local Grievance Committee Chairpersons and Local Grievance Committee Members.

With The Master Executive Council (MEC)

This position reports to the Master Executive Council. The MEC executive sponsor for the committee is the MEC President.

With The MEC Grievance Committee

Frequent interaction with the MEC Grievance Committee. This position directs the work of the MEC Grievance Representative(s).

With Management

Constant interaction with inflight management, particularly the Director of Labor Relations, Manager of Inflight Work Performance, and Inflight Performance Supervisors

With AFA International

Frequent interaction with AFA staff attorneys and AFA legal department

Expressing Interest and Interview Scheduling

The MEC will hold interviews during the September MEC meeting on Wednesday, September 28 or Thursday, September 29, 2016. Bid around the interview date or plan to arrange your schedule accordingly to accommodate.
Submit a declaration of interest and resume to MEC Secretary-Treasurer Yvette Satterlee at yvette.satterlee@afaalaska.org no later than 5 PM Pacific Time on Friday, September 16, 2016. Yvette will contact qualified candidates to schedule a specific interview time.

In Solidarity,

Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Satterlee, Lisa Pinkston, Laura Masserant, Cathy Gwynn, Tim Green and Brice McGee

Performance Based Pay Correction

June 15, 2016 05:00

AFA Alaska recently became aware that an error occurred with respect to how Performance Based Pay (PBP) was calculated for some Flight Attendants. Flight Attendants who were coordinating sick leave with Short Term Disability (STD) and/or Long Term Disability (LTD) did not have their sick leave pay counted toward their PBP.

AFA Alaska brought these facts forward through the Alternate Dispute Resolution (ADR) process, and management has since corrected the error. Affected Flight Attendants received email notification of the correction, which was paid on their May 20, 2016 paycheck.

If you have any questions regarding the correction or if it applies to you, contact one of your Local Executive Council (LEC) officers.

In Solidarity,

Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Satterlee, Lisa Pinkston, Laura Masserant, Cathy Gwynn, Sandra Morrow, Stephen Couckuyt; LEC Presidents-elect Tim Green and Brice McGee; MEC Grievance Committee Chairperson Jennifer Wise MacColl and MEC Grievance Committee Representative Stephanie Adams

AFA Alaska System Board of Adjustment Interviews

May 2, 2016 05:00

The Master Executive Council (MEC) will be conducting interviews for one (1) member to serve on the AFA System Board of Adjustment.

Scope

Members are to serve on the System Board of Adjustment for the purpose of arbitrating any disputes or grievances that may arise under the terms of the Agreement between Alaska Airlines and its Flight Attendants.

Policy/Responsibilities

There shall be two members selected by the MEC from active members in good standing to represent the Association. Members will be selected at-large without regard to Local Council or domicile.
Any person seeking a position as a System Board of Adjustment Member must submit a resume. Candidates must interview with the MEC.
System Board Members shall be selected for a two (2) year appointment period in accordance with the AFA Constitution and Bylaws. Appointments will be reviewed in January of each even numbered year. Selection shall be made, insofar as possible, to ensure that both members will not be new at the same time.
The System Board Members will act in the best interest of the membership and the Association and will be consistent with the Agreement between the Flight Attendants and Alaska Airlines.
The MEC President shall have the ability, in the event of an emergency, to appoint a qualified member in good standing to fill an ad hoc position on the Board, should the alternate not be available.
The MEC on an ad hoc basis, by majority vote, may appoint an expert as a substitute for one member of the System Board of Adjustment.

Qualifications

Willingness to attend the requisite grievance training(s)
In depth knowledge of the contract
Understanding of the principles of just cause
Adherence to Grievance Committee policies, procedures, and standards of ethical conduct
Ability to maintain confidentiality of sensitive and personal information
Maintenance of member-in-good-standing status
Ability to remain in good standing with the company
Ability to analyze written data and information with high attention to detail
Strong written and communication skills
Strong computer skills

Expressing Interest and Interviewing Schedule

Interviews will be conducted during the June MEC meeting on Tuesday, June 28 at the AFA Alaska MEC office in Seattle.

To express interest for the position, please submit a declaration of interest and resume to MEC Secretary-Treasurer Yvette Satterlee at yvette.satterlee@afaalaska.org no later than 5 PM Pacific Time on Monday, June 20, 2016. Yvette will be able to provide additional information regarding transportation and booking of flights if necessary.

In Solidarity,

Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Satterlee, Lisa Pinkston, Laura Masserant, Cathy Gwynn, Sandra Morrow, Stephen Couckuyt; LEC Presidents-Elect Timothy Green and Brice McGee; MEC Grievance Chairperson Jennifer Wise-MacColl and MEC Grievance Representative Stephanie Adams

March 2016 Alternative Dispute Resolution (ADR) Update

March 24, 2016 08:00

AFA and management work through potential disputes prior to engaging in the arbitration process in the hopes of coming to a fair resolution. The process is called Alternative Dispute Resolution (ADR). To access the ADR log, which is a record of issues being addressed via ADR, click here. Alternatively, you can point your browser to www.afaalaska.org –> Committees –> Grievance Committee, then scroll down and select “View the ADR log.” AFA has diligently advocated on your behalf; here is a small highlight of issues that are resolved and pending.

Resolved

ADR 004-15A- Probationary Flight Attendants (CBA §7 & 32)—It will not be considered an unsuccessful month for a probationary Flight Attendant if his/her crew is coded with a delay provided the delay is not caused by a late report, failure to brief the exit row, etc.

ADR 019-15A- Appearance of Sleeping—Management instituted a new policy regarding sleeping in public view. AFA stringently objected to the original policy and after much discussion management issued a much preferred policy change.

ADR 024-15A- Fatigue Policy—AFA worked diligently to establish a way to assist fatigued Flight Attendants. As a response management issued a labor memorandum to inflight Crew Scheduling to advise “fatigued” Flight Attendants to call out sick if they are not fit for duty; and fatigue like any condition rendering a Flight Attendant not physically fit for duty is a legitimate reason to call out sick.

ADR 028-15A- Stranded and Sit Pay (CBA §21.D.5.)—Management believes that stranded and sit pay would not be included in the same pairing. AFA believes that stranded and sit shouldn’t be paid in the same stranding, but there could be more than one issue per pairing. AFA’s argument prevailed, and we added contract language for the extra pay and protection.

ADR 033-15A- Flight Attendants Deadheading on Flights Over 4 hours (CBA §10.X.2.d.)—Management agreed to instruct Customer Service Agents to refrain from asking Flight Attendants deadheading on flights over 4 hours to sit in the jump seat. The same courtesy is already given to Pilots and will now be extended to Flight Attendants.

ADR 039-15A- Jury Duty and Subpoenas (CBA §32)—After AFA brought forward some applicable laws regarding subpoenas; management agreed to treat subpoenas the same as jury duty in regards to attendance points.

ADR 061-15A- Overlapping Multiple Pay Rules (MPRs)(CBA §21.F.)—Management agreed that if a Flight Attendant is on a month end overlapping trip and wishes to be paid for the MPRs for the pairing during the first month’s pay period s/he can do so by filling out an activity pay form.

ADR 076-15A- Trading a Premium Trip with a Non-Premium Trip in Open Time (CBA §8.D.)—After many lengthy conversations management agreed to process the trading of premium with non-premium trips.

Pending

ADR 084-15A- Open Time (CBA §21.E.1.d.)—AFA alleged that Crew Scheduling is holding trips out of open time and when caught doing so is paying contractually mandated 1 TFP as a type of penalty.

ADR 085-15A- Crew Scheduling is Posting Premium Trips in Open Time (CBA §9.E.)—Crew Scheduling posted premium trips in open time and then revoked them and gave them to line holders as a reassignment or put them back into open time without the premium pay attached in violation of the contract. Management agreed and will take action to address this with Crew Scheduling.

ADR 001-16A- Coordinating Sick Leave While on Paternity Leave (CBA §15.E.2.)—Flight Attendants should be able to coordinate sick leave while on paternity leave; it should be treated like a maternity leave. Management will be reviewing this issue, and AFA will continue to pursue.

ADR 002-16A- Crew Duty Time (CBA §21.J.1.)—Flight Attendants given a day room after check in due to delay should be paid delay and stranded pay from check in to departure. AFA believes Flight Attendants are considered to be on duty if given a day room and not put into rest. Payroll analysts believe that when the FA is in a day room they are not on duty and do not get ground delay pay. AFA will continue to pursue this issue.

ADR 006-16A- Supervisors are asking Flight Attendants on a Leave why they are traveling (CBA §15.J.)—AFA believes that Supervisors are not to ask Flight Attendants on leaves of absence why they are traveling. Management agreed, and will take action to address this issue in their spreadsheet.

ADR 011-16A- Sick Child Online (CBA §32.C.6-7)—AFA believes Flight Attendants are allowed to call in sick child/sick family on-line per Washington Family Care Act. Management agrees and will follow up on the issue with a labor memo.

ADR 015-16A- Long Term Disability (LTD) (CBA 23.C.6.)—AFA believes when a Flight Attendant is receiving LTD, a Flight Attendant may continue to receive health care at active-employee rates for the duration of the benefits or 24 months. Management is investigating this issue.

ADR 016-16A- Insurance Issues (CBA §23.C.6.)—AFA alerted management that Flight Attendants are getting frustrated with the difficulty in resolving benefit/insurance issues. Management is looking for a solution, and AFA will continue to persist in finding a solution.

* * *

As we work through these ADR issues you will see more information on the ADR log. Until then, if you have any questions or concerns about these issues please contact your local Grievance Committee.

In Solidarity,

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

March 2016 Grievance Report

March 23, 2016 12:00

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

Grievances recently filed and sustained:

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

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

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

Grievances recently filed and settled:

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

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

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

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

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

Grievances recently filed and now awaiting arbitration dates:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Grievances previously filed and currently awaiting arbitration dates:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * *

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

In Solidarity,

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

Background

Additional Information from The MEC Policy Manual

Qualifications

Duties

Time Commitment and Flight Pay Loss Reimbursement

Working Relationships

With The Local Grievance Committees

With The Master Executive Council (MEC)

With The MEC Grievance Committee

With Management

With AFA International

Expressing Interest and Interview Scheduling

Scope

Policy/Responsibilities

Qualifications

Expressing Interest and Interviewing Schedule

Resolved

Pending

Grievances recently filed and sustained:

Grievances recently filed and settled:

Grievances recently filed and now awaiting arbitration dates:

Grievances previously filed and currently awaiting arbitration dates:

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