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AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks) – Part 2

Master Executive Council (MEC)

  • AFA has previously communicated several times regarding the Supreme Court ruling on Bernstein v. Virgin America, the potential impact, and how our perspective differs from that of management.
  • To clarify, AFA did not initiate this lawsuit but did file an amicus brief in 2020 in support of upholding the Ninth Circuit Court’s ruling on the case. AFA has been and remains ready to negotiate solutions but will not agree to categorically undermine the rights of our members as it applies to benefits under state law.
  • AFA International will be hosting a virtual union meeting on Wednesday, July 20th to discuss the facts about how the ruling will affect Flight Attendants in California.

Alaska Airlines management hosted a series of webcast sessions last week for the Inflight division to discuss the recent Supreme Court ruling on Bernstein v. Virgin America (re: CA meal & rest breaks) and its potential impact

As previously communicated, AFA has a very different perspective than management. 

AFA’s formal involvement in Bernstein v. Virgin America

AFA did not file this lawsuit. Bernstein was initiated years ago by several Legacy Virgin America (L-VX) Flight Attendants prior to the merger between Virgin America and Alaska Airlines. The case then wound its way through the court system for years. In January 2020, AFA filed an amicus brief* (technically a brief of amici curiae*) in support of upholding the Ninth Circuit Court’s ruling on Bernstein. 

Click here for AFA’s Ninth Circuit amicus brief in Bernstein v. Virgin America >

* In American law, amici curiae (Latin for “friends of the court”) typically refers to interested parties who request to provide legal submissions so as to offer relevant alternative or additional perspective regarding the matters in dispute; the legal submission by the amici curiae is often called an amicus brief.

A path forward

AFA has been and remains ready to negotiate solutions but will not agree to categorically undermine the rights of our members as it applies to benefits under state law. However, there is potential for targeted legislative fixes or clarifications to California meal and rest requirements that do not neatly fit into the unique circumstances of Flight Attendant duties on commercial aircraft. AFA remains willing to work with the airline industry and other labor stakeholders to achieve a mutually agreeable path forward.

Get the Facts: Bernstein and California Meal and Rest Break

AFA International will hold a virtual union meeting for Flight Attendants only on Wednesday, July 20th at 2 PM Pacific time. Hear from AFA International President Sara Nelson, AFA General Counsel Joe Burns, and other experts on the facts surrounding the Bernstein case and what it means for Flight Attendants in California.

Click here to RSVP

July 2022 MEC Meeting Recap

Master Executive Council (MEC)

  • Our AFA Alaska Master Executive Council (MEC) met this week on Tuesday, July 12 and Wednesday, July 13 to conduct their ongoing work to represent our Flight Attendants.
  • As part of the meeting, the MEC met with members of inflight, labor relations, and executive management to discuss issues and concerns that are facing our work group and need to be addressed.
  • The next Regular MEC Meeting is scheduled to take place on Thursday, August 11.  Please don’t hesitate to reach out to your LEC President if you have any questions.

The July 2022 Regular MEC Meeting was held this week on Tuesday, July 12 and Wednesday, July 13.  The meeting consisted of updates provided by our MEC Officers, LEC Presidents, Grievance Committee, Scheduling Committee, and Mobilization Committee.  Our MEC also reviewed written reports submitted by other AFA MEC Committee Chairpersons about their current programs of work. 

Meeting with Management

As part of most Regular MEC Meetings, our MEC meets with management to review current issues and challenges that Flight Attendants are facing.  Attendees from management this month included Managing Director of Inflight Operations Michaela Littman, Associate Vice President of Finance & Resource Planning Ryan St. John, Managing Director of Guest Products Todd Traynor-Corey, Vice President of Labor Relations Jenny Wetzel, and Managing Director of Labor Relations Carmen Williams.

Some of the topics that were discussed include:

  • Plans for onboard service changes.  Management shared plans with our MEC for proposed changes to how onboard service is conducted and associated future technology.  Our MEC expressed concerns with how the proposed changes could impact Flight Attendants and asked that management reconsider several aspects of their plan.
  • Distribution of Flight Attendant staffing by base.  Our MEC has again requested that management add staffing to all bases.  Bases outside of SEA need additional Flight Attendants to provide relief, especially to Reserve Flight Attendants.
  • Cross-utilization of Reserve Flight Attendants between domiciles.  Our MEC has again requested that management discontinue the practice of cross-utilizing reserves between domiciles.  Excessive use of this practice is unnecessarily burdensome on Reserve F/As.  With current staffing levels, our MEC believes there is no need for management to continue this practice.
  • Flight Attendant staffing levels.  Management is examining the possibility of offering staffing adjustment leaves in the upcoming months.
  • Quality of pairings.  Our MEC shared that Flight Attendants are looking for improvements to pairing quality.  In particular, there are concerns with pairings being scheduled with long duty days that push contractual limits and subsequent minimum rest on layovers.
  • Issues with hotel and transportation information in Crew Access.  Some pairings have incorrect/missing hotel and transportation information in Crew Access.  As a result, Flight Attendants are having to wait for hotel rooms and/or are being sent to the wrong hotel.  Our MEC believes that this is unacceptable and needs to be fixed immediately.
  • Layover hotel availability and planning.  In anticipation of high demand in certain cities, our AFA Hotel Committee approached management last year and requested that management take a proactive approach in securing additional hotel rooms for crews.  Management did not take meaningful action on the request and now is having challenges securing hotel rooms.
  • Concerns with cutover to new worker’s compensation administrator.  Management has recently switched to a new vendor to administer worker’s compensation claims.  Our AFA Benefits Committee has received reports that the new vendor is not responsive to Flight Attendants in addition to other concerns.
  • Lack of practical, hands-on experience during Initial Training (IT).  Ongoing concern about the lack of practical, hands-on experience in the current IT program. New hire Flight Attendants need to be set up for success and given adequate time to become familiar with the flow of duties on live flights as part of IT. 

MEC Policy & Procedure Manual Amendments

During the June 2022 Regular MEC Meeting, a review of the AFA Alaska MEC Policy & Procedure Manual was conducted to consider possible updates and amendments.  At that meeting, one agenda item was amended and tabled until the July 2022 Regular MEC Meeting and another was referred back to the originator to be rewritten and resubmitted.

This month, our MEC took action on two agenda items for amendment of the MEC Policy & Procedure Manual—the agenda item that had previously been amended and tabled and a rewritten version of the agenda item that had been referred back to the originator at last month’s MEC Meeting.  Both agenda items were adopted.  These agenda items will be incorporated into the manual and posted to the AFA Alaska website early next week.

Questions?

If you have any questions about this month’s Regular MEC Meeting, please reach out to your LEC President.

Status of Bernstein v. Virgin America Class Action Lawsuit

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

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

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.

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

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.

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