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AFA Alaska News in Review – July 15, 2022

In This Edition

Status of Bernstein v. Virgin America Class Action Lawsuit

Originally posted July 11, 2022

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.

Read More >

July 2022 MEC Meeting Recap

Originally posted July 13, 2022

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.

Read More >

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

Originally posted July 14, 2022

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.

Read More >

Supreme Court Ruling on A4A v. WA L&I (WA Paid Sick Leave)

Originally posted July 14, 2022

A recent Supreme Court ruling upheld a decision by a lower court requiring that Alaska Airlines comply with the Washington Paid Sick Leave Law and apply it to Flight Attendants.  The law prohibits employers from adopting or enforcing any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline (qualifying absences will not incur attendance points).  Seattle-based Flight Attendants are considered covered employees for purposes of the law, but AFA believes that the ruling should apply to Section 32 (Attendance Policy) for all Flight Attendants, regardless of domicile, under a previous arbitration decision.

Read More >

Next Week’s Events

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Supreme Court Ruling on A4A v. WA L&I (WA Paid Sick Leave)

Master Executive Council (MEC), Grievance Committee

  • A recent Supreme Court ruling upheld a decision by a lower court requiring that Alaska Airlines comply with the Washington Paid Sick Leave Law and apply it to Flight Attendants.
  • The law prohibits employers from adopting or enforcing any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline (qualifying absences will not incur attendance points).
  • Seattle-based Flight Attendants are considered covered employees for purposes of the law, but AFA believes that the ruling should apply to Section 32 (Attendance Policy) for all Flight Attendants, regardless of domicile, under a previous arbitration decision.

In addition to Bernstein v. Virgin America, the U.S. Supreme Court (SCOTUS) recently denied certiorari (from Latin “to be informed of” – a writ issued by a superior court for the reexamination of an action of a lower court) on Air Transport Association of America, Inc., dba Airlines for America, v. The Washington Department of Labor & Industries, et al.Therefore, the U.S. Court of Appeals for the 9th Circuit ruling stands, which requires Alaska Airlines to comply with the Washington Paid Sick Leave Law (Wash. Rev. Code § 49.46.210 [2021]). AFA intervened and AFA Alaska representatives were deposed in this case.

On July 1, 2022, AFA sent a demand letter to management requiring Alaska Airlines to comply with the law.  We have not yet received a response.

What the decision means for Seattle-based Flight Attendants

Seattle-based Flight Attendants have the benefits of the Washington Paid Sick Leave Law.  

A covered Washington employee is authorized to use paid sick leave:

  • For an employee’s and their qualified family members’ mental or physical illness, injury or health condition or preventative medical care;
  • When an employee’s child’s school or place of care has been closed by order of a public official for any health-related reason;
  • For absences that qualify for leave under the domestic violence leave act; and
  • Beginning on the ninetieth calendar day after the commencement of their employment (for Alaska FAs, from their on-line/base orientation date).

The law provides that the employer may require employees to provide verification, for absences exceeding three days, that an employee’s use of paid sick leave is for an authorized purpose.  An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee—in other words, qualifying absences will not incur attendance points.

What the decision means for all Flight Attendants regardless of domicile

AFA also demanded that the ruling apply to Section 32 (Attendance Policy) for all Flight Attendants, regardless of domicile, under a previous arbitration decision. While we believe arbitral precedent requires that Flight Attendants in all bases receive the benefit of no attendance points in circumstances protected from potential disciplinary action under the law, we do not yet know how management will interpret precedent.

Stay tuned for further developments.

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

Crew Meal Survey Closing Soon

This message is for both pre-merger Alaska and Hawaiian Flight Attendants Our Joint Negotiating Committee (JNC) is committed to prioritizing your nutrition during the work day through our crew meal provisions. We are eager to hear your thoughts on which elements of crew meals are most meaningful to you, as we continue to advocate for […]

Council 43 (HNL) LEC Officer Election Results

Polls closed at 12 PM PT today for the election of Council 43 LEC Officers, representing Hawaiian Airlines Flight Attendants based in Honolulu. The following AFA Flight Attendants have been elected to Local Council Officer positions: LEC President: Kela Chong IVLEC Vice President: Martin GusmanLEC Secretary: Soon Kim View the certified election results here >> These newly elected […]

Council 39 (PDX) LEC Officer Election Results

Polls closed at 11 AM PT today for the election of Council 39 LEC Officers, representing Alaska Airlines Flight Attendants based in Portland. The following AFA Flight Attendants have been elected to Local Council Officer positions: LEC President: Krystle Shae BerryLEC Vice President: Melodie AnderesLEC Secretary: Kevin Sharp View the certified election results here >> These newly elected […]

Hotel Committee Meeting Recap – May 2026

On Monday, May 11, our AFA Local Hotel Committee Chairpersons met virtually 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), Kelly Hepworth (PDX), Hilary Streem (SFO), Brian Sherill (LAX pmAS), and Kanani Vallot (SAN), with MEC Hotel Committee […]

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