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        You are here: Home / Archives for Latest News / AFA News Now

        Status of Bernstein v. Virgin America Class Action Lawsuit

        July 11, 2022 05:00

        Master Executive Council (MEC)

        Legal Disclaimer

        At the request of Legacy Virgin America (L-VX) Flight Attendants who have reached out to AFA Alaska regarding Bernstein v. Virgin America, we are sharing the following information presented “as-is” and with permission from the Bernstein class counsel as a courtesy to our members. AFA does not represent the plaintiffs in this case, so any specific questions or concerns from the Class (current and/or former L-VX FAs) about the case should be directed to counsel: monique@os-legal.com and alison@ktlawsf.com.

        Received by AFA Alaska on July 8, 2022:

        Dear Class Members: 

        I understand that Alaska Airlines has been holding meetings with class members and other flight attendants to discuss the impact of the decisions in the case, and that there is confusion and possible disinformation about the status of things.  The following is a report from Class Counsel, the lawyers who represent the Class of Virgin America flight attendants, in Bernstein v. Virgin America.  

        The case is presently pending in the federal district court before Judge Jon S. Tigar.  Plaintiffs have prevailed on their claims for overtime, wage statement violations, meal and rest period violations, waiting time penalties, and the failure to pay flight attendants in a timely manner as required by California law.  

        The district court has been directed by the appellate court to revise the judgment in accordance with the opinion that the appellate court issued last summer.  Accordingly, plaintiffs have moved to amend the judgment.  Alaska Airlines have made several arguments in opposition.  The district court will hear the motion on August 18, 2022, and will then decide what the total judgment will be.  Plaintiffs have asked the court to enter a judgment that is approximately $42 million.  Virgin is opposing Plaintiffs’ motion but agrees that it must pay the Class for the overtime violations.

        Alaska Airlines continues to state that it cannot comply with any obligation to provide meal and rest periods in flight.  To be clear, the ruling in the case was limited: it found Virgin America (and Alaska ONLY as a successor-in-interest to Virgin America) liable for meal and rest periods only for flights within California and only for the time period of March 18, 2011 – December 15, 2017. 

        If you want more information, please feel free to contact Class Counsel: monique@os-legal.com and alison@ktlawsf.com. We will also be launching a page on www.os-legal.com shortly with updates. 

        Thank you!

        Monique Olivier, esq.

        Reference Documents

        • [447] Plaintiffs’ Notice of Motion to Amend the Judgment_ Memorandum of Points and Authorities in Support Thereof (2022.05.26)
        • [447-02] 2022 Supplemental Expert Report of David Breshears (2022.05.26)
        • [451] Defs’ Opp. to Pltfs’ Motion to Amend Judgment (2022.06.16)
        • [451-01] Decl. of V. Estevez ISO Defs’ Opp. to Motion to Amend Judgment (2022.06.16)
        • [453] Pls.’ Reply Brief ISO Mtn to Amend the Judgment (2022.06.30)

        Filed Under: AFA News Now Tagged With: Bernstein

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

        July 8, 2022 17:00

        Master Executive Council (MEC)

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

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

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

        Why such dire warnings about potential base downsizing or closures?

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

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

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

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

        Where AFA and management are potentially aligned

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

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

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

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

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

        July 7, 2022 16:39

        Master Executive Council (MEC)

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

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

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

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

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

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

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

        Supreme Court Ruling on Bernstein v. Virgin America

        June 30, 2022 19:00

        Master Executive Council (MEC)

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

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

        Background

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

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

        AFA’s mitigation efforts and industry’s response

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

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

        Click here for A4A’s response to AFA >

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

        What’s next?

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

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

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

        Scheduling Committee Meeting Recap – June 2022

        June 29, 2022 17:00

        Scheduling Committee

        • Our AFA Scheduling Committee Chairpersons met on Tuesday, June 28 to discuss their ongoing program of work to represent Flight Attendants interests related to lineholder scheduling.
        • The Committee also met with management to receive updates and discuss issues and problems that Flight Attendants are experiencing with scheduling, pairings, and bidding.
        • Your Local Scheduling Committee is available to answer questions, provide clarification, or help to resolve any lineholder scheduling-related issues.  Please don’t hesitate to reach out!

        On Tuesday, June 28, our AFA Scheduling Committee Chairpersons met to discuss their ongoing work to represent our Flight Attendants and push for improvements in our workplace. Representing you at the meeting were Heather Reier (ANC), Martin Vance (SEA), Melodie Anderes (PDX), Virginia Fritz (SFO), Natalie Codd (LAX), and Kitty Cohen (SAN). Also present were MEC Scheduling Committee Chairperson Jake Jones, MEC Scheduling Committee Vice Chairperson—Pairing Construction Karen Ferrell, MEC Scheduling Committee Vice Chairperson—PBS Adam Clarey, and MEC Reserve Committee Chairperson Julie Thornton. The committee met with management representatives from Crew Planning and Crew Scheduling.

        Topics of Discussion

        The committee reviewed a number of items both during internal AFA-only conversation and when meeting with management. Some items discussed include:

        • Review of personal drops.
        • Base staffing.
        • Reserve Flight Attendants deadheading to other bases to cover red eye flying.
        • Reassignments and compensation.
        • Flexibility of increased TSN, bulletin board grabs and raising the reserve ARC.
        • Canceled flights and pre-cancellations.
        • Hotel/transportation, excessive wait times and limited availability.
        • Working through the AFA Online Support Center on issues brought forward by Flight Attendants. 
        • Staffing changes in Crew Scheduling.
        • Crew Scheduling management reminded schedulers of contact only once while on RON and how/when to remove trips from reserve self-assignment. 

        What The Committee Is Working On

        1. Preparation for Contract Negotiations.  The Scheduling Committee will compile a list of requests and items needing review to be shared with our Negotiating Committee.  
        2. Reassignment Flow Chart.  Scheduling Committee Members reviewed a draft of the reassignment flow chart and it has been moved forward to the final stages of review and approval.  Refer to sections 10.R and 10.R.5 of our CBA.
        3. Scheduling Quality of Life Improvements.  Reviewing ways to improve Trip Length Distribution (TLD) and other quality of life options.  Working with management to develop a quality of life survey to determine Flight Attendant scheduling priorities. 
        4. Review of user guides and links of Flight Attendant website.  Ensuring information is still accurate in existing resource materials, links are still active and working, etc.
        5. Updating Crew Access videos.  Working with management and ITS to update the Crew Access instructional videos to reflect updates and changes to the user interface.

        We Want to Hear From You!

        Do you have feedback for the committee, concerns you’d like to share, or items that you’d like brought up with management?  Please let us know!  Your Local Scheduling Committee is your voice to management.  You can open a support request on the AFA Alaska Online Support Center or contact us directly using the information on the Scheduling Committee page of the AFA Alaska website.

        Filed Under: AFA News Now, Scheduling Committee Tagged With: committee meeting

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