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Supreme Court Ruling on Bernstein v. Virgin America

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.

Scheduling Committee Meeting Recap – June 2022

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.

June 2022 MEC Meeting Recap

Master Executive Council (MEC)

  • Our AFA Alaska Master Executive Council (MEC) met this week on Tuesday, June 14 and Wednesday, June 15 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 Tuesday, July 12 and Wednesday, July 13.  Please don’t hesitate to reach out to your LEC President if you have any questions.

The June 2022 Regular MEC Meeting was held this week on Tuesday, June 14 and Wednesday, June 15.  The meeting consisted of updates provided by our MEC Officers, LEC Presidents, Grievance Committee, and Scheduling Committee.  Our MEC also reviewed written reports submitted by other AFA MEC Committee Chairpersons about their current programs of work. 

System Board of Adjustment Interviews

Our MEC spent part of Tuesday interviewing candidates for the System Board of Adjustment position that was previously posted in April.   Members of the System Board of Adjustment are responsible for arbitrating any disputes or grievances that may arise under the terms of the Collective Bargaining Agreement between Alaska Airlines and its Flight Attendants.  Our MEC would like to thank all of the candidates who expressed a willingness to serve and interviewed for the positions.

After extensive discussion and thorough consideration, the voting members of the MEC (LEC Presidents) have re-appointed Sandra Morrow to the position.  Sandra’s term of appointment will begin on July 1, 2022 and conclude on June 30, 2024.

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 Vice President of Inflight Matt Prainito, Managing Director of Inflight Operations Michaela Littman, Managing Director of Inflight Strategy & Support Gloria Chow, Director of Inflight Crew Scheduling Denia Pisia, Managing Director of Operations Staffing & Resource Management Brittany Audette, and Managing Director of Labor Relations Carmen Williams.

Some of the topics that were discussed include:

  • Base visits by new Vice President of Inflight.  New VP of Inflight Matt Prainito will be conducted base visits this week and next week.  He will be attending Initial Training starting at the end of the month.
  • COVID points forgiveness.  Our MEC has formally requested that management resume forgiveness of attendance points for COVID-related absences.  
  • Quarterly Point Reduction Form (QPRF) errors.  If a mistake is made by a Flight Attendant when submitting a QPRF (e.g. selecting wrong start day of a sequence), management will deny the form and not give the Flight Attendant any opportunity to make corrections.  Our MEC requests that management provide notification to Flight Attendants in these instances and give them the opportunity to correct the error.
  • Distribution of Flight Attendant staffing by base.  Our MEC has 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 requested that management discontinue the practice of cross-utilizing reserves between domiciles, particularly between LAX and SAN.  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 Initial Training (IT) classes.  Management is evaluating whether or not additional IT classes will be held this year on top of those already scheduled.
  • Service flights during Initial Training (IT).  Management would like to bring service flight back to the IT curriculum and is examining ways to do so.
  • Organizational changes in Crew Scheduling.  Some Crew Scheduling Duty Managers have taken positions elsewhere in the company.  The positions will be backfilled by new Crew Scheduling Supervisor positions.
  • Delays in getting Flight Attendants information during irregular operations.  There is a perception that Pilots often receive information about cancellations, delays, hotels for irops, etc. significantly before Flight Attendants do.  Management needs to take steps to address this perceived disparity and ensure that Flight Attendants are not left behind. 

MEC Policy & Procedure Manual Amendments

The AFA Alaska MEC Policy & Procedure Manual contains a provision requiring that the document be reviewed at least annually for possible updates and amendments.  Our MEC conducted that annual review during this meeting.  Of the 21 proposed agenda items, 19 were adopted.  One agenda item was amended and tabled until the next MEC meeting and another was referred back to the originator to be rewritten and resubmitted.  The agenda items that were adopted 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.

AFA and Management Agree on a Remedy for the Delayed May & June 2022 Bid Awards

Master Executive Council (MEC)

  • AFA Alaska leadership and Alaska Airlines management have reached agreement on a remedy for the delayed May & June bid awards.
  • All Flight Attendants who were active at any point during the May or June 2022 bid months will receive 4.0 TFP on their respective July 20th paychecks.
  • Thank you to the more than 4400 who participated in the “It’s Time to Make It Right!” letter writing campaign, and AFA appreciates management’s commitment to doing the right thing in these circumstances.

AFA Alaska leadership and Alaska Airlines management have reached agreement on a remedy for the delayed May & June bid awards:

All Flight Attendants who were active at any point during the May or June 2022 bid months will receive 4.0 TFP on their respective July 20th paychecks. *

* Flight Attendants must not have been on a leave of absence for the entirety of both bid months and newly hired Flight Attendants must have been eligible to bid for either bid period to be eligible for the settlement. The 4.0 TFP will have applicable taxes withheld at the regular withholding rate and less any other deductions/contributions.

Realistically, an arbitrator would not have awarded 4 TFP to all active Flight Attendants as a remedy to these contractual grievances, so we recognize that management ultimately agreed to more than we would have achieved through arbitration. This non-precedential monetary settlement compensates FAs for the inconvenience resulting from the contractual violations and demonstrates management’s willingness to accept responsibility for their actions. AFA appreciates management’s commitment to doing the right thing in these circumstances.

Thank you to the more than 4400 who participated in the “It’s Time to Make It Right!” letter writing campaign: Our collective action was an impressive show of solidarity that was invaluable in achieving this settlement!

Reserve Committee Meeting Recap – 2nd Quarter 2022

Reserve Committee

  • Our AFA Reserve Committee Chairpersons met on Thursday, June 9 to discuss their ongoing program of work to represent and advocate for our Reserve Flight Attendants.
  • The Committee also met with management to review a number of specific concerns that were brought forward by Flight Attendants.
  • Your Local Reserve Committee is available to answer questions, provide clarification, or help to resolve any reserve related issues.  Please don’t hesitate to reach out!

On Thursday, June 9, representatives from our AFA Local Reserve Committees met to discuss their ongoing work to advocate for Reserve Flight Attendants.  Representing you at the meeting were Haley Hirsch (ANC), Conner Gallagher (SEA), Anthony Eskander (PDX), Camile Caldwell (SFO), Meg Casey (SFO), Kanako Yamada (LAX), and Joe Coneglio (SAN).  Also present were MEC Reserve Committee Chairperson Julie Thornton, MEC Reserve Committee Vice Chairperson—New Hire & Probation Jarod McNeill, and MEC Vice President Brian Palmer.  The committee also met with Inflight Crew Scheduling Duty Manager Nyxalyse Paul from management. 

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:

  • Ongoing concerns about low morale within our work group.
  • Review of upcoming update to Crew Access software and associated fixes to current issues and other improvements.
  • Update on topics of interest that were reviewed at the monthly Scheduling Committee meeting.
  • Review of reserve-related issues that have been escalated to the Scheduling Review Board (SRB) and Alternate Dispute Resolution (ADR) processes.
  • Update on probationary and new hire Flight Attendant concerns.  MEC Reserve Committee Vice Chairperson—New Hire & Probation Jarod McNeill has been in regular contact with Inflight Probationary Support Supervisor Kaliko Howell to review issues.  Most frequent issues causing probationary occurrences are late to plane and forgetting to check-in on Block2Block.
  • Review of contractual issues and requests to be referred to the Negotiating Committee for consideration.
  • Possible project to create new easier-to-follow and more concise resources for new hire Flight Attendants to use to better understand the CBA and other job-related information.
  • Review of reserve utilization statistics.  Reserve coverage is anticipated to remain at approximately 24-26% for the remainder of summer and lineholder line averages will likely stay near the contractual minimum of 75 TFP.
  • Ongoing concerns about the need for relief for reserve Flight Attendants.  Many Flight Attendants who are on reserve outside of SEA have been on reserve for many years with no end in sight.  Management indicates that their plan is to adjust ARC numbers to allow for increased flexibility.  The Committee would like management to offer additional ways to provide relief.
  • Review of management’s planned upgraded telephone system in Crew Scheduling, currently planned for implementation later this year.
  • Review of reserve-related scheduling issues that have occurred recently.

The committee is next scheduled to meet on Thursday, September 8.

What The Committee Is Working On

  1. Assisting Probationary Flight Attendants Through the Reserve Buddy Program.   Answering questions from and providing support to probationary Flight Attendants through an expanded AFA Reserve Buddy program.
  2. Addressing Reserve Contractual Concerns.  Researching and investigating reports from Reserve Flight Attendants and actively ensuring that management is compliant with our contract. 
  3. Developing Additional Tools & Resources for New Flight Attendants.  Working to create a plan to provide more user friendly, easy-to-access resources about the CBA and other job-related information for new Flight Attendants.

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 Reserve Committee is your voice to management.  You can find our contact information on the Reserve Committee page of the AFA Alaska website. 

Meet Our Pre-Merger Alaska Committee Chairperson & Representatives

This message is for pre-merger Alaska Flight Attendants We’re excited to introduce the next group of pre-merger Alaska MEC Committee Chairpersons and Representatives for the upcoming MEC Officer term. They’ll begin transitioning into their roles over the next few months and officially start their terms on January 1, 2026. Below, you’ll find brief biographies that […]

Meet Our Merged MEC Committee Chairpersons & Representatives

We’re excited to introduce our next group of newly elected merged MEC Committee Chairpersons, who will begin their roles on November 1. These leaders are dedicated to representing the interests of our Flight Attendants as they coordinate activities across the merged committees of both airlines. They’ll work closely with the Local Committee Chairpersons from all […]

Hotel Committee Meeting Recap – October 2025

On Monday, October 13, our AFA Local Hotel Committee Chairpersons met in person in Seattle to receive an update about current layover hotels and transportation providers and discuss concerns with management. Representing you at the meeting were Dori Marron (ANC), Jarod McNeill (SEA), Kelly Hepworth (PDX), Hilary Streem (SFO), Chris Cardenas (LAX), and Kanani Vallot […]

Pre-Merger Alaska MEC Committee Election Results

This message is for pre-merger Alaska Flight Attendants During this week’s MEC Meeting, our MEC held interviews for the next group of pre-merger Alaska MEC Committee positions to be elected for the upcoming MEC Officer term. We want to thank everyone who expressed interest in the available positions and their willingness to serve. After careful […]

Merged MEC Committee Chairperson Election Results

During this week’s MEC Meeting, our MEC held interviews for the next group of merged MEC Committee Chairpersons and Representatives. We want to thank everyone who expressed interest in the available positions and their willingness to serve. After careful consideration and deliberation, the following candidates have been elected: MEC Air Safety, Health, & Security Committee […]

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