May 13, 2013 (revised May 14, 2013 – New text underlined and deletions struck.)

 

 

[Note from MEC President Jeffrey Peterson: This is the first installment of several negotiations updates pending, because it has become clear there is way too much information to put into one communication. Also, I personally apologize for the tardiness of this update. In yesterday’s Mother’s Day communication, we indicated that something would be out by “close of business” today. As it turned out, it was a particularly busy Monday in the AFA Alaska office. Consequently, I’m still in the office past 9pm PT finishing this part. The airlines business runs a 24 hour operation and union work within the airline business is often no exception! Although this was not out by close of business compared to banker’s hours, I haven’t left the office so technically it’s not yet the close of business for the MEC today. I know it’s a stretch but I hope you’ll follow me on this one! Seriously, though, my sincere apologies for the delay. /jtp]

 

 

Dear Flight Attendants,

 

 

Late last week, Alaska Airlines announced that management had reached an “agreement in concept” with the Air Line Pilots Association (ALPA) Negotiating Committee. Following that announcement Once the ALPA Master Executive Council (MEC) receives a full text proposal from the ALPA Negotiating Committee, the officers will vote voted to convert that agreement in concept to an actual tentative agreement (TA). If approved, the TA which will be sent out for membership ratification shortly. Do not be too concerned about the terminology being used except to understand that ALPA has reached is on the path to reaching a TA with management. ALPA’s current agreement became amendable on April 1, 2013.

 

 

Naturally Flight Attendants will want to know how the pilots now nearly have a TA when they are barely one month past the amendable date of their contract yet Flight Attendants are more than one year past our contract’s amendable date—and there is no TA pending in our immediate future! There are several reasons for this discrepancy so let’s break them down point by point, shall we?

 

 

1. Under the former MEC, AFA announced intent to engage in early openers under Section 6 negotiations (this is from Title II Section 6 of the Railway Labor Act) one year before our May 2012 amendable date. The early opener clause was agreed in the 2006 Contract and again in the 2010 Contract Extension; therefore talks could have began in April 2011. However, the terms for Council 39 Portland, Council 19 Seattle and the MEC executive officers (president, vice president and secretary-treasurer) were all ending in June 2011. Consequently there were continuity concerns about entering into negotiations with one set of officers in May and then possibly having an almost entirely different officer group in place by July. The decision was made to hold off on negotiations until the representational elections and the MEC appointments were settled. As it turned out, there was significant turnover in the officer group.

 

2. Very shortly thereafter the current MEC petitioned AFA International for a different staff negotiator. Due to unfortunate timing, there was a shortage of staff negotiators because nearly all the AFA carriers were engaged in some phase of negotiations. We were forced to wait until our newly-assigned staff negotiator Paula’s schedule was sufficiently cleared to accommodate us. We entered negotiations in November 2011.

 

3. There was a clear mandate from the Membership to review and simplify the language of the entire Contract. The reality is that going through each and every word and reaching an agreement on the language in committee takes some serious time! The pilots went through a similar effort during their last round of negotiations so there was not a need to substantially alter the language this time. Also, it is our understanding that ALPA and Alaska Airlines management have been working together ever since the last negotiations to identify mutually desired contractual changes. This also contributed to mitigate required table time.

 

4. Early on management was interested in scheduling more than one session per month with AFA but we were not available for more dates. That was because of Paula’s previously established and on-going responsibilities at another carrier. Then her carrier was unexpectedly dragged into bankruptcy negotiations, which forced Paula to be temporarily pulled off assignment here. Staff negotiators Joe and Kimberley graciously substituted for Paula at several sessions. By the time Paula returned to us and her schedule allowed for more sessions, management could not accommodate additional dates because of other labor groups (such as ALPA) entering into negotiations. The MEC and the Negotiating Committee definitely noticed a difference in management’s focus and response time once other labor groups were in negotiations.

 

5. Finally, to break it down to the most basic reason why AFA has filed for mediation: management has made it clear from their actions that the AFA Negotiating Committee is asking for too much whereas ALPA apparently is not. It’s not like we haven’t been trying to negotiate with management in good faith. Following management’s initial comprehensive proposal that included 4% wage increases on date of signing, MEC President Jeff Peterson met with CEO Brad Tilden to discuss our concerns with the proposal and the session and to develop a path forward. Following that conversation we went back to the table the next session, this time to be forced once again to meet with executive management to discuss our disappointment with the session. Following that meeting, the Negotiating Committee went back to the table in good faith and listened to management’s concerns. We then developed a very creative off-the-record proposal that we thought addressed at least some of management’s productivity goals and closed the gap in our respective positions. The very next session management presented an off-the-record response to our last off-the-record proposal that included wage increases greater than 4% but nowhere near where we need to be in an overall package to make it viable. How many stagnant negotiating sessions, wasted paper, off-the-record conversations and meetings with executive management do we need to have before enough is enough?! That’s why we filed!

 

At the end of the day, the MEC congratulates ALPA for reaching a TA an agreement in concept with management without all the drama AFA has experienced thus far. Mediation can be a protracted process but filing for it was—and is—the right thing to do to move our negotiations forward. Simply because AFA filed for mediation does not mean the parties are prohibited from engaging in talks outside of mediation. If management wants to give the Negotiating Committee a proposal we can actually work with even before we meet with Mediator Gray—well, then we welcome it! The Negotiating Committee has made our expectations to management crystal clear: a workable proposal must have healthy wage increases at date of signing as well as on an annual basis and address some of our primary objectives including but not limited to achieving rigs and adjusting the inequalities of the wage scale compared to industry; these provisions cannot be negotiated in isolation and must also fit into an adequate overall package.  Until then, mediation moves forward!

 

The next negotiations session is scheduled for July 8-11, location TBD but either in Los Angeles or Seattle. AFA will be engaging in informational leafleting and picketing at the Alaska Air Group (AAG) Shareholders meeting beginning at 1pm on Tuesday, May 21, 2013, at the Bell Harbor Conference Center, Alaskan Way, Pier 66, Seattle, WA 98121 (http://www.bellharbor.com/). More information about negotiations and the upcoming event will be out in the coming days. Also, check out the new AFA Alaska MEC website at www.alaskamec.org!

 

 

In solidarity,

 

 

Your MEC – Jeffrey Peterson, Terry Taylor, Yvette Gesch, Melanie Buker, Laura Masserant, Cathy Gwynn and Sandra Morrow

 

Your Negotiating Committee – MEC President Jeffrey Peterson, Brian Tracy, Karina Cameron-Fetters, Jake Jones and AFA Staff Negotiator Paula Mastrangelo

 

“Five Bases, One Voice”

www.alaskamec.org

AFA filed an application for mediation with the National Mediation Board (NMB) on May 1, 2013. We are publishing this special update to make sure you have all the information you’ll need about mediation.

1. What is mediation?

According to the dictionary, mediation is

“an attempt to bring about a peaceful settlement or compromise between disputants through the objective intervention of a neutral party.”

The purpose of mediation under the Railway Labor Act is to foster the prompt and orderly resolution of collective bargaining disputes in the railroad and airline industries. The National Mediation Board (NMB) views the objective of mediation as assistance to the parties in achieving agreement. The Board sees the role of the mediator as an active participant in the process.

However, the Board does not care if the Flight Attendants or management get a good contract. Their goal is to get both parties to agree to a contract, not determine the contents.

2. How does mediation affect you?

First and foremost, it is critical that you continue to provide the same award-winning service to our customers when we are in mediation. Now it is even more important for you to stay informed and involved than before. The NMB will be dedicating themselves to help us get a new contract, but the real pressure will come from you. You will be able to do this by showing solidarity and throwing your support behind the negotiating committee with your AFA pin, by participating in contract visibility campaigns, informational leafleting and many other activities which we will begin soon.

Many people think going into mediation is the magic answer for our negotiations. This is not true. It’s you who makes the magic. You are the one, along with the other Flight Attendants, who will make things happen.

3. What does all this mean if I am a probationary Flight Attendant?

We strongly suggest that all probationary Flight Attendants stay informed and continue to wear their AFA pin. As for other union-sponsored solidarity activities and actions (displaying special bag tags, joining in informational picketing, etc.), your participation is best left to after you successfully complete your probationary period. We are fighting for improvements for you and your career here at Alaska and will welcome your active support after you are no longer on probation.

4. Why did we file for mediation?

We exchanged openers in November 2011 and began direct negotiations. Direct negotiations is the first stage of the negotiations process. During direct negotiations, management and the Association continuously exchange proposals for various sections of the contract. When we reach agreement on a section, we say that we have a tentative agreement (TA). We methodically work through the contract (starting with the least controversial sections) until we have a tentative agreement on the entire contract. That’s what we have been doing for the last 18 months.

Now we are down to money. Compensation looms as the largest open item on the table and, not surprisingly, we are demanding more than the management team wants to pay. Both parties have passed a couple of comprehensive proposals and progress has stalled. Now is the time to request assistance from the National Mediation Board: Mediation.

5. What happens next?

Mediation is simply the next step in the negotiations process. (See the attached RLA flow chart.) We weren’t able to go any further in direct negotiations, and it didn’t make sense to keep spinning our wheels. The Master Executive Council (MEC) and the Negotiating Committee decided to move the process forward.

6. How does mediation work?

The NMB appoints a mediator, whose job is to assist the parties in reaching an agreement. He or she is an employee of the NMB, is non-partisan and can only make suggestions (though sometimes quite strongly). The parties retain control over the process. We anticipate that the mediator will contact both parties within the next few weeks to schedule a meeting and asses our situation.

Typically, the mediator will put the AFA Negotiating Committee in one room and the management team in another room. S/he then shuttles back and forth, passing along proposals and adding input and making suggestions. The mediator also brings the parties together and is present at all negotiations sessions. S/he can make suggestions/ and suggested proposals, but cannot force either party to agree to a proposal.

7. Who is our mediator?

Earlier today AFA learned that our mediator was assigned. Her name is Victoria Gray. From the NMB website (http://www.nmb.gov/directory/gray-victoria_bio.html):

Victoria joined the National Mediation Board as a Mediator in July of 2009 with 40 years of labor relations experience in the airline industry as a labor advocate. She began her career as a Flight Attendant with Trans World Airways (TWA) and served in many elected union positions with the Transport Workers Union (TWU), the Independent Federation of Flight Attendants (IFFA), and the International Brotherhood of Teamsters (IBT).

With the Independent Federation of Flight Attendants, Ms. Gray served eleven (11) years as President, seven (7) years as Vice President, and four (4) years as member of the corporate Board of Directors and Vice Chair of the Creditor’s Committee for TWA. With the Teamsters, she served as an International Representative for thirteen (13) years.

She was a member of the County of Los Angeles Community and Senior Citizens Services Voluntary Mediation Services program and is a member of the Pro Bono Panel of Mediators for the Los Angeles County Superior Court.

Ms. Gray earned her undergraduate degree in Anthropology from California State University at Northridge. She also has a certificate in Industrial Relations from the University of California at Los Angeles and a certificate in Alternate Dispute Resolution from the Straus Institute at the Pepperdine University School of Law.

It is important to understand that the mediator does not take sides. His/her only interest is in concluding an agreement without a strike.

8. What authority does the mediator have?

The mediator controls the schedule. S/he can move the parties out of town to make negotiations more inconvenient. The most the mediator can do is persuade or suggest the parties’ to compromise or otherwise accept the other’s proposals. The mediator has no authority to force us to agree to anything, or to reach a contract that we don’t find acceptable. The mediator has the authority to put the parties into a “recess” for a while if s/he feels that a break from mediation would be beneficial.

Should the mediator decide that further talks would be fruitless, and the parties are at impasse, s/he may recommend to the Board that a proffer of arbitration be made. Should the Board concur, the proffer is made. If the NMB determines that we cannot reach an agreement, and makes the proffer – it sends the process into a 30-day cooling-off period, as discussed below. In no case can the mediator force us to accept any proposal or agreement.

9. Then what’s the point if they cannot force management?

Sometimes it just takes a neutral, objective person (the mediator) to help one or both parties see the light. We have to go through the RLA process.

10. How does mediation affect our contract?

It doesn’t. The current contract remains in full force and effect throughout the mediation process.

11. Do we start with a “clean slate” in mediation?

No. We pick up right we left off in direct negotiations. All the tentative agreements that we reached in direct negotiations remain as they are. We will most probably continue forward with our abbreviated proposal and address only the open issues. That being said, tentative agreements are precisely that—tentative. Any of them may change as we move toward a package agreement.

12. Is mediation secret?

No. We will be able to give you just as much information on our progress during mediation as we did in direct negotiations.

13. How long will mediation last?

We can’t predict that – There is no way to tell how long mediation will take. It could be months, it could be over a year. The RLA does not contain any time limits. The NMB will keep us in mediation until we either have a contract or cannot make any further progress.

14. When will mediation start?

The NMB will assign a mediator, who will then contact AFA and management to find mutually agreeable dates to meet.

15. How does mediation differ from direct negotiations?

In mediation, the mediator is part of the process and works as a neutral facilitator. Other than that, we’ll be discussing the same issues with the same people, trying as always to reach a mutually acceptable contract. You probably won’t notice much difference, other than seeing the mediator’s name in our updates.

Mediation is required by law when the parties have deadlocked in direct negotiations. In no case can the mediator force us to accept any proposals.

16. Does mediation mean we’re on strike or that we can do CHAOS™?

No. That could happen only if the NMB determined that mediation was hopelessly deadlocked and the parties were at an impasse. (Of course, if we reached a contract in mediation, we wouldn’t ever get to that point.) It is never our goal to seek out the use of CHAOS™ unless absolutely necessary.

The NMB would first “proffer arbitration,” which is an offer to submit our outstanding issues to interest arbitration. AFA almost always rejects interest arbitration. If we did reject it, we would then be placed into a “cooling-off” period for 30 days.

During the cooling-off period, we would engage in intense negotiations known as “super mediation.” As before, the NMB could not force us to reach an agreement. Should super mediation fail, both sides would be free to engage in “self-help.” For us, this would mean CHAOS™ strikes. CHAOS^™ stands for “Create Havoc Around Our System.” Rather than all 3,100 of us going on strike, we strike select flights. The chaos that this creates for the Company gave this method of striking its name. Alaska Airlines Flight Attendants created CHAOS^™ in 1994 to achieve our agreement that year.

17. What are the main issues in mediation?

The main remaining issues are (in no particular order) compensation, retirement, medical Insurance, sick leave, attendance, scope (job and duties protections) and the contract duration.

If you have more questions, please email the Negotiating Committee at negotiations@alaskamec.org or fill out a VOICE comment card. We will continue to publish the answers on a regular basis.

Stay strong, stay informed and stay united!

In solidarity,

Your MEC – Jeffrey Peterson, Terry Taylor, Yvette Gesch, Melanie Buker, Laura Masserant, Cathy Gwynn and Sandra Morrow

 

Your Negotiating Committee – MEC President Jeffrey Peterson, Brian Tracy, Karina Cameron-Fetters, Jake Jones and AFA Staff Negotiator Paula Mastrangelo

 

“Five Bases, One Voice”

www.alaskamec.org

References:

Negotiations Procedures Under the Railway Labor Act: http://www.alaskamec.org/docs/Negotiations%20Procedures%20Under%20the%20Railway%20Labor%20Act.pdf

Negotiations Procedures Under the Railway Labor Act