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Management vs. State and Local Laws – Part 1

Management vs. State and Local Laws – Part 1

Master Executive Council (MEC), Benefits Committee, Grievance Committee

This is the first in a series reporting on management’s opposition to various state and local laws, the latest developments to complex state law litigations related to these laws that are playing out in Washington and California, and what Flight Attendants can do about it.

Background

Management alleges that certain state and local laws do not apply to flight crew

Airlines For America (A4A) is an American trade association and lobbying group representing major North American air carriers such as Alaska Airlines.  A4A and/or Alaska Airlines management has taken the position that the Railway Labor Act (RLA) preempts (i.e., invalidates) certain state and local laws that in its opinion overlaps with, conflicts with or complicates various benefits and provisions provided for in collective bargaining agreements negotiated with labor unions representing flight crew. Simply stated, A4A and Alaska Airlines management are making legal arguments in several jurisdictions (e.g., WA, CA, MA and NY) that specific state and local laws do not apply to Flight Attendants and pilots. However, it is notable that management has been honoring the same laws for ground employees–even if they are also covered by contracts negotiated with their respective labor unions and under the RLA.

Management believes that honoring various local laws for flight crew would ultimately lead to competitive disadvantage and tough business decisions in response

Why? Based on our interactions with management, here are some of the reasons offered by management to justify denying flight crew access to various benefits and protections provided for under what management characterizes as a “patchwork quilt” of state and local laws:

  • Administratively burdensome to honor because of the difficulties in tracking the sheer number of such laws and complying with their complexities.
  • Some laws may overlap with and/or conflict with one another and may also apply only conditionally based on the real-time location of an individual crewmember.
  • Significant challenges with overlaying these laws on top of the provisions of existing collective bargaining agreements (e.g., clock hours versus block hours versus TFP; meal, rest break and wage reporting requirements).
  • Honoring such laws for flight crew would create significant operational and financial liabilities for the Company and thereby result in untenable competitive disadvantage. This in turn could lead management to reevaluate the viability of existing crew domiciles in problematic locations and to make tough business decisions about the location of crew domiciles going forward. Management has cautioned your union leadership to beware of the potential for such unintended and undesirable consequences as these would likely be perceived by you as unacceptably disruptive and universally unpopular.

AFA is closely following the preemption litigations with great interest

AFA is closely following the preemption litigations with great interest because the outcomes affect our members at various airlines. However, the legal arguments themselves are generally outside of AFA’s “jurisdiction” in the sense that the Association’s sole duty is to act as the agent for members of the collective bargaining unit under the RLA and to fairly represent them. AFA neither has an obligation to directly participate in the preemption disputes nor has the resources to broadly do so, but nonetheless we have very strategically chosen to intervene in some of the preemption litigations over the past ten years. Several current and former MEC officers and chairpersons have been directly involved in a few cases as complainants, subject matter experts and/or deposed witnesses.

Recent Cases

Washington Family Care Act: Alaska Airlines v. Schurke (WA L&I)

In approximately 2012, Alaska Airlines sued the State of Washington regarding provisions of the Washington Family Care Act (WFCA), alleging that the WFCA does not apply to Washington-domiciled Flight Attendants.  AFA intervened as a defendant in the suit, as this was a case of first impression, and we wanted our interests protected in an area of law not yet addressed. 

The case was initially decided in favor of the State of Washington and AFA. Alaska Airlines appealed the case to the US Court of Appeals for the 9th Circuit.  A panel of three justices decided in Alaska Airlines’ favor. At that point, the State of Washington and AFA requested an en banc opinion, with all justices making a decision.

In August 2018, the en banc opinion ruled in favor of the State of Washington and AFA. Alaska Airlines then filed an appeal with the United States Supreme Court.  The US Supreme Court did not grant the writ of certiori, which means it did not accept the case, and the 9th Circuit ruling stands in favor of the State of Washington and AFA.

The case went back to a state administrative hearing, and the administrative law judge ruled for the State of Washington and AFA.  Alaska Airlines then appealed this ruling. We are currently awaiting a ruling on the appellate case, which hopefully will be issued within the next few months. In the meantime, Alaska Airlines is still not honoring this law. 

Washington Paid Sick Leave: A4A v. WA L&I and Joel Sacks

In early 2018, AFA demanded that Alaska Airlines comply with a new State of Washington law:  Washington Paid Sick Leave (WPSL) law.  Alaska’s response to AFA’s formal demand was to have A4A file suit against the State of Washington on behalf of all airlines it represents.  Again, AFA was an intervenor in this lawsuit.  The State of Washington and AFA won this suit in a summary judgment motion; A4A appealed the ruling.

On November 17, 2020, the parties argued in front of the US Court of Appeals for the 9th Circuit, and a decision was returned very recently that ruled in favor of the State of Washington and AFA.  At this juncture, AFA has every reason to believe that A4A will attempt an appeal with the US Supreme Court.  In the meantime, Alaska Airlines is still not complying with the law. 

California overtime, meal & rest breaks, and wage statement laws: Bernstein v. Virgin America

In 2018, a California state court ruled in favor of Virgin America Flight Attendants, which resulted in an initial award of just under $78 million when factoring in legal fees and other costs.  Alaska Airlines appealed this judgment, and it currently remains in the appeal process. 

California wage statement laws: Gunther v. Alaska Air Group Inc.

In May 2019, a California state court ruled in favor of an Alaska Airlines Flight Attendant who brought her own wage statement non-compliance lawsuit against Alaska Air Group.  The court ruled against Alaska Airlines on behalf of all California-domiciled Flight Attendants and issued an award of $25 million.  Seventy-five percent of the award is to be paid to the State of California, and the remaining twenty-five percent of the award is to be paid to California-domiciled Flight Attendants with no more than $4,000 to each Flight Attendant. Alaska Airlines also appealed this judgment, and it is presently still in the appeals process.

New and Pre-Existing Laws Denied

In response to litigation of the Washington State leave laws initiated directly by Alaska Airlines management or indirectly via Airlines for America (A4A), management has simply denied flight crew access to the benefits of new laws. Management also retracted a Flight Attendant’s ability to use several state laws already existing at the time litigation was filed. One example of such retraction is the California Family School Partnership Act, which management allowed California-domiciled Flight Attendants to use for many years prior.

Next Up (in “Management vs. State and Local Laws – Part 2”)

  • Definition of Sick Family/Sick Child
  • Applicable State Laws
  • Filing a Claim with the Appropriate Agency

AFA Alaska Update – July 2, 2021

In This Edition

  • Unruly Passenger Survey
  • What Is Disruptive Mood Dysregulation Disorder?

Unruly Passenger Survey

AFA International

As unruly passenger incidents remain at an all-time high, our union is launching a platform to collect your experiences to fully assess the problem and help get meaningful support to all crews. 

Take this five minute anonymous survey to share your experiences with unruly passengers onboard this year.

Self Defense Training

This week, the TSA announced the resumption of Crewmember Self Defense Training classes on July 1. The program is helpful in gaining skills for defense and confident positioning. However, as we have advocated since September 11, 2001, this training should be mandatory and part of our paid initial and recurrent training in order to build the muscle memory to use the tactics immediately when attacks advance without warning. Still, the resumption of the voluntary course is positive and should send a message to the flying public as well that these unruly incidents are serious. Flight Attendants are onboard for the safety and security of everyone on the plane.

The voluntary four-hour training is offered to flight crew members free of charge and is held at 24 locations around the United States. All active flight crew members for domestic carriers are eligible to register for the training. You can register here.

Our union continues to work with other unions, lawmakers, the FAA, DOT, and airline management on more that needs to be done to get this under control. 

The Role of Alcohol

Alcohol is a major contributor to unruly passenger events. Make sure you keep this regulation handy as you advise the public that they cannot carry a drink onto the plane or consume their own alcohol on the plane. Federal regulations also affirm passengers may be refused boarding if they appear to be intoxicated. 

The Federal Aviation Administration’s (FAA) regulation §121.575 alcoholic beverages: (a) No person may drink any alcoholic beverage aboard an aircraft unless the certificate holder operating the aircraft has served that beverage to him.

AFA EAP is always available at (949) 470-0493. Additionally, make sure you’re copying in your AFA Air Safety, Health, & Security Committee (ASHSC) on unruly incidents to ensure our union can follow up with the airlines and regulators.

Sample of News Stories on Unruly Passengers

What Is Disruptive Mood Dysregulation Disorder?

Employee Assistance Program (EAP)/Professional Standards Committee

Disruptive mood dysregulation disorder (DMDD) is a condition in which children or adolescents experience ongoing severe irritability, anger, and frequent, intense temper outbursts. The symptoms of DMDD go beyond a “bad mood.” DMDD symptoms are severe. Youth who have DMDD experience significant problems at home, at school, and often with peers. They also tend to have high rates of health care service use, hospitalization, and school suspension, and they are more likely to develop other mood disorders. 

The Signs and Symptoms of DMDD include:

  • Severe temper outbursts (verbal or behavioral), on average, three or more times per week
  • Outbursts and tantrums that have been ongoing for at least 12 months
  • Chronically irritable or angry mood most of the day, nearly every day
  • Trouble functioning due to irritability in more than one place (at home, at school, and with peers)

Youth with DMDD are diagnosed between the ages of 6 and 10. To be diagnosed with DMDD, a child must have experienced symptoms steadily for 12 or more months.

What is the difference between typical irritability and severe irritability? All children can become irritable sometimes. It’s a normal reaction to frustration. Children experiencing severe irritability (as observed in DMDD) have difficulty tolerating frustration and have outbursts that are out of proportion for the situation at hand. These outbursts occur more often and are more severe than what you would typically expect for children of this age.

Over time, as children grow and develop, the symptoms of DMDD may change. For example, an adolescent or young adult with DMDD may experience fewer tantrums, but they begin to exhibit symptoms of depression or anxiety. For these reasons, treatment may change over time, too.

If you think your child has DMDD, it is essential to seek a diagnosis and treatment.

DMDD can be treated. If you are concerned that your child may have DMDD, talk to your child’s pediatrician or health care provider.  Your AFA EAP can also assist you with a referral for your child.  Your local AFA EAP Committee members contact information is available at https://afaalaska.org/eap or call (949) 470-0493. 

AFA Alaska Update – June 11, 2021

In This Edition

  • AFA-CWA & Union Plus Scholarships Awarded

AFA-CWA & Union Plus Scholarships Awarded

AFA International

The Association of Flight Attendants-CWA Scholarship Fund provides financial assistance to dependents of AFA Flight Attendants who will be attending a college or university.

This year’s recipients of AFA-CWA Scholarships:

  • Kaila Aiwohi, daughter of Arvi Aiwohi, United AFA Flight Attendant.
  • Savannah Armas, daughter of Kelly Armas and sister of Alexa Armas, both Spirit AFA Flight Attendants.
  • Amrine White, daughter of Taryn Call, Alaska AFA Flight Attendant.

Alternate – Hannah Kropp, daughter of Karen Kropp, United AFA Flight Attendant.

Additionally, Union Plus awarded three scholarships to AFA-CWA:

  • Karlee Barrett, daughter of United AFA Flight Attendant, Orinthia Barrett.
  • Sydney Pizzinato, daughter of United AFA Flight Attendant, Mary Ann Pizzinato.
  • Isabelle Shook, daughter of Alaska AFA Flight Attendant, Veda Shook.

Congratulations! We’re so proud of you. 

Blue Cross Blue Shield Class Action Settlement

Blue Cross Blue Shield Class Action Settlement

Master Executive Council (MEC)

Legal Disclaimer

The following information is being provided as a courtesy to our members because enrollment in some of the Company-provided healthcare plans subject to specific provisions of the Collective Bargaining Agreement may have made you eligible for a class action settlement. However, AFA is neither a party to the class action nor has been involved in the settlement agreement discussions. If you have specific questions or concerns about the terms of the class action settlement, then you need to consult with the Claims Administrator or Co-Lead Counsel as described in the Blue Cross Blue Shield Settlement or with your own attorney.

Class Action Settlement is Legitimate

Many Flight Attendants have received notice via USPS or email about a class action settlement involving the Blue Cross Blue Shield (BCBS) companies, including Premera Blue Cross. For reasons unknown, the delivery of the notices has been all over the map in terms of timing, and many Flight Attendants have reported that they have not received any notice whatsoever. Regardless, these notices are legitimate, and you may be eligible for a settlement payment pursuant to this cause of action if you enrolled in the Company-funded traditional or high-deductible PPO healthcare plans administered by Premera Blue Cross during the eligibility period (see “Settlement Details” below).

Alaskasworld Notice Posted

AFA requested that management post a notice to employees on Alaskasworld (AW), and management agreed to do so. See AW “For your information: Blue Cross Blue Shield notices” (May 27, 2021) for the article (AAG SSO required).

Settlement Details

  • Website: http://www.BCBSsettlement.com
  • Alaska Airlines employees would potentially belong to the “self-funded employees” category under “self-funded accounts”
  • Self-funded net settlement fund: 6.5% of the estimated $1.9 billion “net settlement fund” = ~$120 million.
  • Self-funded eligibility period: September 1, 2015 – October 16, 2020
  • Default payment option for employees is a portion of total administrative fees paid during the eligibility period: 18% for “single coverage” (employee only) and 25% for “family coverage (employee + spouse or employee + family), with the remainder going to the employer. In our opinion, this is a favorable calculation relative to the proportion of our contribution rate compared to the Company’s actual cost for healthcare.
  • Opt-out or objection deadline is July 28, 2021
  • You must submit a claim in order to be eligible to receive a payment.
  • Claim deadline is November 5, 2021
  • Minimum payment is $5

Minimum Payment

In our estimation, the minimum payment of $5 is likely to exclude any Alaska employees from receiving a payout under this settlement. However, there really is no way to know for certain. We are recommending that all eligible Flight Attendants who are interested in participating in the terms of the settlement should submit a claim by November 5, 2021.

Premera Blue Cross Third Party Administrative (TPA) Fees

This information is not necessary to know in order to submit a claim. However, some Flight Attendants have expressed an interest in potentially submitting for an alternative payment option instead of the default 18% for single coverage and 25% for family coverage. Some of those Flight Attendants have inquired about the third party administrative (TPA) fee paid to Premera Blue Cross by the Company for each enrolled employee on a monthly basis during the eligibility period.

Please refer to the emailed version of this communication for the TPA fees paid per employee (enrolled) per month (PEPM).

Questions?

If you have questions specifically for AFA, contact your LEC president.

Section 32 Attendance Policy Points Related to COVID-19

Section 32 Attendance Policy Points Related to COVID-19

Grievance Committee

AFA and management recently agreed to a Memorandum of Understanding (MOU) regarding Section 32 Attendance Policy Points Related to COVID-19.  This MOU is now in effect through September 30, 2021.  Related information can be found in Bulletin Bundle 2021-0030 dated April 12, 2021; however, there are several out of date or incomplete details, so AFA will request that management update the bulletin and/or issue a new one.

Click here for the Section 32 Attendance Policy Points Related to COVID-19 MOU (5/28/2021) >

Details

To apply for points forgiveness for absences related to COVID-19:

  1. Go to the Inflight website –> Administration –> Performance to complete a COVID-19 Absence Reporting Form for each qualifying ‘single continuous occurrence’ (SCO) related to COVID-19;
  2. Submit the form for each SCO absence related to COVID-19 no later than the end of your next scheduled sequence; and
  3. In addition to the form, you must submit a positive COVID-19 test result for yourself or for someone in your household, or proof of your COVID-19 vaccination, either of which must be provided to the Inflight Performance Team’s confidential email address no later than the end of your next scheduled sequence,

If returning from a leave of absence, you must submit the form and documentation within 14 days of returning from the leave of absence. 

For more details, please see the MOU.

About Certain State Laws…

In the midst of drafting the MOU, and after management published the above Bulletin Bundle, a new California COVID-19 law was enacted. The new law is retroactive to January 1, 2021, and in effect through September 30, 2021.  CA 2021 COVID-19 Supplemental Paid Sick Leave provides that California employees are entitled to a separate bank of paid sick leave in certain circumstances related to COVID-19, in addition to other record-keeping and paystub requirements. 

Alaska Air Group management and the other Airlines for America (“A4A”) member carriers continue to argue that many state laws, including the CA 2021 COVID-19 Supplemental Paid Sick Leave, are not applicable to Flight Attendants and Pilots because those laws are preempted by federal law (e.g., the Railway Labor Act).  Various parties, including AFA, have been litigating the broader claim of preemption against A4A and/or AAG management in federal and state court for 10+ years. However, management continues to appeal the cases they lose, so their claim that certain state laws do not apply to aircrew continues.

Stay tuned for more details regarding which state laws management is blatantly refusing to apply to aircrew, what you can do to help in the effort to fight back, and how to exercise your rights to these state laws. In the meantime, we encourage California-domiciled Flight Attendants to familiarize yourselves with the various provisions of the CA 2021 COVID-19 Supplemental Paid Sick Leave law. AFA strongly suggests that any communications with management about the law should be in writing, and it is best practice to copy in a union rep. Covered California employees who are denied the provisions of the law may file a claim or a report of a labor law violation with the CA Labor Commissioner’s Office, which is the state agency charged with enforcement.

If you have any questions or need clarification, please contact your LEC president for assistance.

Election Notice: Alaska + Hawaiian MEC Officer Elections

The term of office for our current Alaska + Hawaiian Master Executive Council (MEC) Officers will conclude on December 31, 2025. The voting members of the MEC (LEC Presidents) will elect new MEC Officers at the November Regular MEC meeting. This communication serves as notice of the election in accordance with the MEC Policy and Procedure Manual. […]

SEA Domicile Negotiations – September 2025 Update #2

This message is for pre-merger Hawaiian Flight Attendants Negotiations Update Our SEA Domicile Negotiating Committee met with the company on September 11 to review their response to our September 5 proposal.  We feel that it is important to acknowledge the challenges within our company as Alaska management is struggling to understand our Collective Bargaining Agreement […]

Reserve Committee Meeting Recap – 3rd Quarter 2025

This message is for pre-merger Alaska Flight Attendants On Thursday, September 11, 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 Conner Gallager (SEA), Anthony Eskander (PDX), Meghan Casey (SFO), Kanako Yamada (LAX), and Rebecca Garcia (SAN). Also present […]

Celebrating Hispanic-Latinx Heritage Month

September 15 marks the start of Hispanic-Latinx Heritage Month in the United States, a vibrant celebration dedicated to honoring the rich contributions and diverse cultures of Hispanic-Latinx Americans. Spanning a full month, this observance—also known as National Hispanic Heritage Month—has its roots in Hispanic Heritage Week, which was established by legislation signed into law by […]

Hotel Committee Meeting Recap – September 2025

This message is for pre-merger Alaska Flight Attendants On Monday, September 8, 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), Ila Christy (PDX), Hilary […]

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