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        You are here: Home / Archives for Committees / Grievance Committee

        Quarterly Productivity Premium

        March 31, 2015 05:00

        Definition

        The Master Executive Council (MEC) has received several questions regarding the Quarterly Productivity Premium (Section 21.R). The first Quarterly Productivity Premium (QPP) of our new contract for the first quarter of 2015 (Q1 2015) is due to be paid out May 5th. A flight attendant will receive the QPP of $500 if her/his Worked TFP (Section 5 Definitions) during Q1 2015 exceeds the TFP equivalent of her/his combined monthly PBS bid award in that calendar quarter. Taxes on QPP will be withheld at the flight attendant’s personal tax rate just like regular wages; this is in contrast to Performance Based Pay (PBP), which has taxes withheld at the IRS “supplemental rate” (or “bonus rate”).

        Worked TFP is all paid TFP exclusive of sick leave and vacation/Longevity PTO. That is, Worked TFP includes but is not limited to regular TFP, deadhead, Minimum Pay Rules, pay protection, training, et cetera. As long as vacation/Longevity PTO and sick leave TFP is “made up” at some point in the quarter, usage of these benefits will not in and of themselves disqualify a flight attendant from achieving QPP.

        QPP was a “take it or leave it” management proposal

        As we explained at the roadshows, QPP was a management proposal. Management offered it at the end of the negotiations. Our Negotiating Committee told management at the time that the proposal had some problems. Management, however, told us we could take it as is or leave it. Since the Negotiating Committee understood that QPP would definitely put money in the pockets of many flight attendants, of course we took it.

        Example

        To illustrate the language, let’s assume a flight attendant was awarded 82 TFP in January, 79 TFP in February and 67 TFP in March. His combined monthly PBS award over the quarter would equal 228 TFP (82 + 79 + 67). If the flight attendant were to be paid at least 228.1 TFP (228 + 0.1) not counting sick leave and vacation/Longevity PTO (the definition of “Worked TFP”), he would receive the QPP. If he were to be paid 228 or fewer TFP not counting sick and vacation/Longevity PTO, he would not receive it.

        Simple trip trading does not directly affect QPP eligibility, only “downtrading”

        There is no requirement to exceed the PBS bid award each month, only the combined amount of each month over the entire quarter. Please note you do not actually have to work your awarded schedule but rather the equivalent amount of TFP. Therefore trading in no way affects QPP unless you “downtrade” as measured against your combined monthly bid awards across the quarter.

        Worked TFP excludes vacation/Longevity PTO (and sick leave)

        Unfortunately, Worked TFP excludes vacation/Longevity PTO. Vacation/Longevity PTO TFP is part of the PBS award. So a flight attendant with a week of vacation has a deficit in that quarter. Assume the flight attendant was awarded the same schedule as in the previous example. Her combined monthly PBS bid awards over the quarter still equals 228 TFP. But 28 of those TFP (7 days of vacation x 4 TFP vacation credit/day) does not count as Worked TFP. In order to qualify for the QPP, she would have to work the 200 TFP from her bid award (228-vacation of 28), PLUS at least 28.1 additional TFP. Lack of vacation/Longevity PTO credit was a major problem we pointed out to management during negotiations but AFA knew there were several.

        Dispute over QPP eligibility

        Now our concerns have been realized. AFA and management disagree about how QPP should be paid out. So far we anticipate the dispute to be focused around flight attendants who have not received a full line at some point in the quarter (such as those on various leaves). AFA believes that the language is unambiguous and that a flight attendant who works one-tenth (0.1) TFP more than the total TFP equivalent of her/his PBS monthly bid awards over the quarter should receive it.

        Quickly approaching deadline to pay QPP on time

        Despite multiple requests by AFA over the past several weeks, management still has not articulated in writing exactly what their problem is with QPP. Management has also not provided an explanation of how they expect to pay QPP. In order for QPP to be paid on time on May 5th the issue must be resolved by around April 10th, which is the deadline for programming the payroll system to pay out QPP.

        As of late last week, AFA’s understanding is that the payroll system is currently programmed to correctly pay out QPP exactly as the language indicates. Interestingly, the Information Technology (IT) department programmed the payroll system based on rules supplied by none other than the Alaska Airlines management negotiating team. Only after management had time to contemplate the implications of what they agreed to did they lodge objections.

        It’s really too bad that management didn’t heed AFA’s concerns and take more time to fully vet QPP prior to signing the deal. In fairness to management, both parties were under pressure to conclude the deal in Chicago. However, that being said, management was under no obligation to pursue this provision. In our opinion it seems a little late to dispute the details after the fact simply because they don’t like what they negotiated.

        AFA will file a grievance if QPP is paid any other way than according to the clear and unambiguous language

        If management pays the QPP any way other than according to the clear and unambiguous language, AFA will file a grievance. We are certainly amenable to further discussions with management to resolve the issue short of taking this to arbitration since both sides stand to gain from a mutually beneficial agreement. Management has promised to provide us with an update this coming week. As soon as AFA has more information, we will also keep you posted on any other developments.

        * * *

        In solidarity,

        Your MEC—Jeffrey Peterson, Brian Palmer, Yvette Gesch, Becky Strachan, Laura Masserant, Cathy Gwynn, Sandra Morrow and Stephen Couckuyt; MEC Grievance chairperson Jennifer Wise MacColl; and AFA Senior Staff Attorney Kimberley Chaput

        AFA Alaska Logo No Tag

        Filed Under: Grievance Committee, Latest News

        Initial Recommendations for the new iPhone 6+ Inflight Mobile Device

        March 8, 2015 22:59

        Pick up begins in some localities beginning tomorrow, March 9th

        Our new Inflight Mobile Device (IMD) the iPhone 6+ will be ready for pick up in some localities beginning tomorrow, March 9th. Distribution will continue through the system over the next six weeks or so. This is a very exciting development, as the iPhone 6+ will eventually replace our Flight Attendant Manual and it will also contain our contract. (Yes, a printed version of the contract will also be available and so far we’re looking on track for publication in middle to late spring.) Keep in mind that nobody is required to carry the IMD until Wednesday, May 6th. “Early Adopters” of the IPhone 6+ IMD are converted to the general policy starting tomorrow, which means many of the special protections of that program will no longer apply.

        The IMD is a tool of convenience but exposes a flight attendant to many potential liabilities

        The Inflight Mobile Device is an extremely adaptable tool of convenience. However by nature of its functionality, the IMD exposes a flight attendant to many potential personal liabilities. AFA was hoping to have ample opportunity to thoroughly vet all implications of the Company policy surrounding the IMD. Unfortunately, the policy itself and related materials were going through changes right up to the publication of Inflight bulletin 2015-0057 “Your iPhone 6+ Pick Up!” on Thursday, March 5th. Additionally, Management announced to AFA the official start of full distribution only very recently.

        AFA cannot overstate the importance of exercising caution with the IMD

        AFA cannot overstate the importance of exercising caution with how you use the Inflight Mobile Device. In our opinion, simply adhering to Company policy does not provide adequate protections. Just because the iPhone 6+ can be used in a more expansive manner does not mean you should use it that way.

        Location, location, location

        Although the location services can be manually turned off, by default the iPhone 6+ IMD is configured with the location function on. Between the required app “Airwatch” that comes pre-installed and the device’s pre-existing location features, the IMD could be used as a Global Positioning System (GPS) tracker by Alaska Airlines management. So far AFA has not become aware of any intent by management to use it in such a manner. However, we believe management might go there if a flight attendant were under investigation for pending discipline and management thought the IMD would provide additional information in any way.

        Utilize the IMD as a work tool only

        AFA urges you to utilize the iPhone 6+ Inflight Mobile Device only as a work tool. Turn it on to ensure you’ve synced your IMD within 24 hours of check-in and to verify the battery’s charge level. Otherwise it should remain off until shortly before scheduled check-in. If you are coming off of a layover then turn on the IMD shortly before boarding. If you use the device in any capacity while at work then assume a supervisor is looking over your shoulder each and every time. Turn the IMD off after the last passenger steps off the aircraft at the conclusion of your sequence (or after you check your email if you’re on Reserve).

        Maintain a clear separation between anything personal and the IMD

        Do not sync the Inflight Mobile Device to any personal devices. Do not attach any personal accounts to the IMD (email, social media, etc.). Do not download personal media (e.g. photos, music, etc.) to the IMD. Do not purchase or access any apps for personal use. Essentially, you must maintain a clear separation between anything personal and the IMD or else you are exposed to unnecessary liability.

        Summary of Initial Recommendation

        In summary: use the Inflight Mobile Device at work (or minimally while off-duty) only for work-related purposes and adhere to Company policy. Then you will receive all the benefits of an extremely flexible work tool with none of the drawbacks of personal liability. Finally, the IMD should never leave the five “safe zones” while on duty: in the approved carrying pouch attached to the cart, in beverage cart drawers, in galley compartments (although be aware the device could be easily forgotten here), in a crew bag or on your person. While off duty, the IMD ideally should never leave your crew bag except briefly to charge and to sync the device at the appropriate time in preparation for duty.

        More information will be forthcoming

        More information will be forthcoming in regards to the iPhone 6+ Inflight Mobile Device.

        * * *

        In solidarity,

        Your MEC—Jeffrey Peterson, Brian Palmer, Yvette Gesch, Becky Strachan, Laura Masserant, Cathy Gwynn, Sandra Morrow and Stephen Couckuyt; and MEC Grievance chairperson Jennifer Wise MacColl

        imageedit_7_7935410361

        Filed Under: Grievance Committee, Inflight Service Committee, Latest News Tagged With: 2015, inflight mobile device

        Grievance Update — Applying Alaska Air Group Date of Hire to Non-revenue Travel Priority

        March 6, 2015 18:28

        Background

        On May 1st, 2012, Alaska Airlines management unilaterally made a significant change to the employee travel pass policy. Effective that day, almost all Alaska Airlines employees who had previous service with Horizon Air had their year of hire adjusted to their Alaska Air Group (AAG) date of hire for the purposes of non-revenue travel priority. Over three hundred (300) employees had their travel seniority changed—approximately one hundred fifty (150) of them flight attendants. All former Horizon employees hired after July 1, 2012, have received their Alaska date of hire as their travel seniority.

        AFA and ALPA filed grievances in response

        AFA and ALPA filed grievances in response to that change. This was not something we undertook lightly, because many of our flight attendants are former Horizon employees. Ultimately, however, the Master Executive Council (MEC) filed the grievance because we felt—and still feel—that the Company’s actions abrogated our seniority. Seniority is the bedrock of our contract and the guiding principle governing our work rules. The grievance was intended to protect our contract and the workgroup as a whole, not to hurt a group of flight attendants.

        Recent developments

        ALPA recently settled its grievance, and now management has informed us that it will respond to our grievance by rolling back the travel seniority of Alaska flight attendants and pilots who are former Horizon employees. The Company is not rolling back the travel seniority of former Horizon employees in any other work group.

        AFA believes the grievance is not resolved

        AFA has told management that we do not believe that the grievance is fully resolved. The MEC is evaluating its options and determining its next steps. We will, of course, keep you informed of any developments. In the meantime, if you have any questions, please contact your local officers.

        ***

         

        In solidarity,

         

        Your MEC—Jeffrey Peterson, Brian Palmer, Yvette Gesch, Becky Strachan, Laura Masserant, Cathy Gwynn, Sandra Morrow and Stephen Couckuyt; MEC Grievance Chairperson Jennifer Wise MacColl; and AFA Senior Staff Attorney Kimberley Chaput

         

        imageedit_7_7935410361

         

         

        Filed Under: Grievance Committee, Latest News

        Too Fatigued to Fly

        January 8, 2015 20:25

        Crewmember fatigue is a serious issue facing pilots and Flight Attendants and has gained considerable media attention over the last several years. New federal regulations addressing pilot fatigue contained in 14 FAR 117 took effect January 4, 2014. Despite the advances being made for pilots, federal regulations addressing rest and fatigue for Flight Attendants continue to lag behind.

        Our Fatigue Policy: There Isn’t One

        Neither our contract nor the Flight Attendant Manual addresses the issue of Flight Attendant fatigue. No provision exists for a Flight Attendant to call in “fatigued”. Despite numerous requests from AFA to discuss a fatigue policy, management will not enter into a discussion at this time. This leaves us as Flight Attendants with very few options when we are too fatigued to continue working.

        I’m Too Fatigued To Fly, What Are My Options?

        If you are unable to continue flying due to fatigue, management’s position is that your only option is to call in sick online (SO). Calling in sick online will remove you from your trip and you will receive corresponding attendance points and, if you have available sick leave, be paid sick leave for any flying not yet completed on the pairing. You’ll have the ability to submit a point reduction form to mitigate any points if you haven’t already submitted one for the quarter.

        Write It Up—File an ASAP

        The ASAP Event Review Committee (ERC) has starting tracking fatigue-related events separately for reporting purposes. If you experience a fatigue-related event, please document it on an ASAP report. The Master Executive Council (MEC) is tracking the information from these reports in hopes that the company will see the importance of entering into a discussion and eventual development of a fatigue policy to help improve safety for our Flight Attendants, coworkers, and passengers alike.

        If you have any questions about Flight Attendant fatigue, please contact one of your Local Executive Council (LEC) Officers. Contact information is available on afaalaska.org under the Local Council menu.

        In Solidarity,

        Your MEC—Jeffrey Peterson, Brian Palmer, Yvette Gesch, Becky Strachan, Laura Masserant, Cathy Gwynn, Sandra Morrow, Stephen Couckuyt and MEC Grievance Chairperson Jennifer Wise-MacColl

         

        MEC 5B Logo

        Filed Under: Air Safety, Health, & Security Committee (ASHSC), Grievance Committee, Latest News Tagged With: 2015, ASAP, fatigue

        Maternity Leave Grievance

        September 25, 2014 20:00

        This is an important communication regarding the Maternity Leave provision of the Collective Bargaining Agreement, Section 15.D and Company policy as stated in a newly published Maternity Leave Handbook. If you are currently on/or beginning MLOA please read this entire article.

        Over a year ago, management reached out to AFA to express concern that Section 15.D.2 (shown below), might be in violation of The Pregnancy Discrimination Act of 1978.

        …[A] Flight Attendant may continue to work through the twenty-eighth (28th) week of pregnancy. After the twenty-eighth (28th) week of pregnancy, the Flight Attendant will be presumed disabled due to her pregnancy. After the twenty-eighth (28th) week of pregnancy, or whenever such Flight Attendant’s Doctor determines that she is unable to work due to her pregnancy, whichever occurs first, the Flight Attendant will request maternity leave.

        Management asserts that presuming a Flight Attendant is disabled due to pregnancy after 28 weeks may be discriminatory under Federal Law. Since adoption of the original language in 1994, the Association is not aware of any Flight Attendant who has requested to continue working after 28 weeks of pregnancy. AFA and management had a series of brief discussions regarding a change to the language, which would preserve the intent of the language and eliminate any concern with compliance under the Act.  Management proposed much broader changes to the language than AFA felt were necessary and unfortunately the discussions quickly ended.

        Management advised AFA that it was considering imposing a new company policy allowing a Flight Attendant to continue working after 28 weeks. AFA responded that an immediate grievance would be filed, due to the clear contract language in Section 15.D.2.

        In July 2014, AFA became aware that management had posted a new Maternity Leave of Absence Handbook online, without notice to AFA or communication to the Flight Attendant group. On page 4 of the handbook a single sentence was added,

        If you do not intend to continue to fly after the twenty-eighth week of pregnancy, your leave may begin on the date indicated on this form (the first day of the twenty-ninth week of pregnancy).

        Based on this change AFA has filed a grievance.

        Why is this happening now?

        Setting aside the legal arguments regarding the language, it appears the inflight management became concerned with this language because some Flight Attendants (depending on their respective state laws) qualify for both Short Term Disability and Unemployment. For example, a Flight Attendant could get STD because of her pregnancy, but could also claim unemployment because she was not being allowed to work when she was capable of doing so. In the last year, management has been reporting to Washington State that Flight Attendants are on a voluntary medical leave as opposed to a required leave, or due to disability. Alaska is reporting to the state that Flight Attendants who go out on Maternity Leave are able to perform their duties but are voluntarily choosing not to work. This has resulted in Flight Attendants’ having their claims denied and then having to go through the appeals process to obtain unemployment. Most have had to hire attorneys to assist with the process.

        State law stipulates the terms of unemployment, and the state (not the employer) ultimately determines if an employee is eligible for benefits. Flight Attendants for many years have qualified due to the unique situation in which they find themselves. They are medically disabled from performing their Flight Attendant duties; however, they are perfectly capable of working in a normal job. It is truly unfortunate that management is making the process more difficult for Flight Attendants. They have changed they way they report a maternity leave status to the state; they have removed the mention of unemployment from the Maternity Handbook; and they have unilaterally implemented a new policy allowing Flight Attendants to continue working after the 28th week of pregnancy.

        It is very concerning that these changes were made with no notice or communication to the Flight Attendant group. If management is so concerned about correcting what they see as a violation of Federal law why didn’t they immediately communicate it to Flight Attendants?

        If you are preparing to go out on a Maternity leave, the changed policy requires you to do the following:

        • Fill out the Maternity Notification From (S-131)
          • This notifies the company of your pregnancy
          • It gives you the option of choosing whether you want to continue to fly.
        • You may receive an email from your leave coordinator asking when you would like to go out.

        If you choose to continue working, you can do so until you elect to go out on leave (sometime after 28 weeks) or until your doctor determines that you are not fit to fly, whichever is earlier. If your doctor allows you to work until delivery, that would be acceptable under this policy.

        If you are currently out on a Maternity Leave, there may be benefits to returning to work under this new policy. Please contact your leave analyst to do so:

        • Sabrina Blevins (last names A-K) at (206) 392-6124
        • Beth Swanson (last names L-Z) at (206) 392- 6122

        The bottom line is that AFA does not condone discrimination based on pregnancy. The language in Section 15 was agreed to by the parties and has been in place for decades—through three contracts! It stipulates that Flight Attendants are disabled from performing their Flight Attendants duties, which is directly related to the physical requirements of our daily job and the limitations of advanced pregnancy. We do not agree that Alaska has the unilateral right to change a 20-year-old contract provision without our agreement—especially when its action can have a negative effect on our flight attendants! This is especially true given that we have never had a Flight Attendant raise an objection to the language in 15.D.

        This new policy places a tremendous amount of pressure on pregnant Flight Attendants, who are often relatively junior, to continue flying in order to obtain pay and medical coverage. The practical reality is that Flight Attendants may be forced to continue flying, resulting in an increase in sick online due to pregnancy.   In the extreme, it could cause a Flight Attendant to risk her health and safety by continuing to fly when she otherwise would not have done so. AFA objects not only to the new policy but the way it has been implemented, with little to no information nor explanation of what choices a Flight Attendant has available to them.

        AFA will be providing a list of requested edits to the Maternity Leave of Absence Handbook. In the interim, if you are going out or are currently out on Maternity Leave and have questions, we strongly encourage Flight Attendants to contact their local AFA Maternity Representative for assistance. You’ll find contact information at http://afaalaska.org, then by selecting your base from the local council menu.

        In addition, there will be a Seattle Maternity Roundtable on October 16, 2014 from 12:30 – 3:30. If you are considering starting a family or are currently pregnant, this is an excellent chance to receive important information regarding Maternity Leave.

        In solidarity,

        Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Gesch, Becky Strachan, Laura Masserant, Cathy Gwynn, Sandra Morrow, Stephen Couckuyt, MEC Benefits Chairperson Terry Taylor and MEC Grievance Chairperson Jennifer Wise-MacColl

        MEC 5B Logo

        Filed Under: Benefits Committee, Grievance Committee, Latest News Tagged With: 2014, grievance, maternity

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