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Management vs. State and Local Laws – Part 3

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Management vs. State and Local Laws – Part 3

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

This is the third 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.

In This Edition

  • WA Long Term Care (Cares Fund)
  • CA 2021 COVID-19 Supplemental Paid Sick Leave

WA Long Term Care (Cares Fund)

Management will unilaterally decline to initiate payroll deductions for flight crew in January 2022

The Washington Cares Fund is the nation’s first state-administered long-term care insurance program. Benefits will be funded by a 0.58% employee-paid payroll tax beginning January 1, 2022. However, Alaska Airlines management has unilaterally taken the position that the WA Cares Fund does not apply to flight crew and therefore will not initiate payroll deductions this coming January. In an email titled “Important Information About Washington’s Long-Term Care Act” (July 8, 2021), management advised all WA-domiciled Alaska Airlines Flight Attendants that flight crew may still consider pursuing a permanent one-time opt-out of the Program and all associated taxes and benefits by obtaining private long-term care insurance prior to the deadline of November 1, 2021. Currently, there is no opt-out option for any employee who becomes domiciled in (i.e., employed in) Washington after the applicable deadlines.

If management will not deduct flight crew contributions, then why bother opting out?

Flight Attendants may eventually change jobs within the Company (i.e., transfer to another position that is not classified as flight crew) or work for other employers within Washington. Additionally, the Company’s position regarding flight crew is currently untested from a legal perspective. It is entirely possible that the courts may eventually require Alaska Airlines to withhold WA Cares Fund payroll contributions on behalf of flight crew.

Grossly unfair to non-resident employees

Although all WA-domiciled flight crew would otherwise theoretically be required to contribute to the fund (except for management’s unilateral position regarding flight crew and certain state and local laws), only Washington residents may utilize Care Fund benefits. This is grossly unfair to non-resident flight crew (i.e., out of state commuters). Consequently, AFA Alaska has taken steps to join with ALPA Alaska in filing legal objections with Washington State regarding our concerns that the WA Cares Fund violates the Dormant Commerce Clause, which is inferred from Article I of the US Constitution, and the Privileges and Immunities Clause, which is derived from Article IV, Section 2 of the US Constitution. Resolution under this path could take a very long time, so this is another reason that non-resident WA-domiciled flight crew might consider opting out if possible.

Challenges with opting out

Unfortunately, it is extremely challenging to opt out unless you started applying for private insurance many, many months ago—especially if you are younger. AFA is unaware of any private insurers who are currently offering new long-term care policies. Additionally, there is a significant administrative backlog of applications with all known private insurers, so it is very concerning—and unknown—whether all pending policies will be executed prior to the November 1st deadline.

Will I be required to directly contribute to the WA Cares Fund or pay back contributions not made on my behalf?

Quite simply, it is unclear but doubtful. Again, AFA Alaska has taken steps to join with ALPA Alaska in filing legal objections with Washington State regarding our concerns that the WA Cares Fund raises due process problems insofar as the law does not specify who bears consequences for an employer’s failure to remit employee premiums or what those consequences would be. However, there is no mechanism for employees to make direct contributions to the WA Care Fund, and there is no provision in the law to recoup contributions not withheld and made by the employer.

Interestingly, Alaska Airlines management personnel from the People Team (i.e., Human Resources) have advised individual Flight Attendants who have directly inquired with them that the Company would “likely” be required to pay back the contributions owed on behalf of flight crew if Washington State came back and said that flight crew are required to pay such contributions. This is presumably under a scenario in which the State of Washington prevailed in the courts pursuant to this almost-inevitable dispute. However, Alaska Airlines management has not responded to the Association’s inquiry to confirm such guidance prior to publication of this update.

Estimated (theoretical) contributions

$25k gross annual earnings = ~$12/month | $50k gross annual earnings = ~$24/month | $75k gross annual earnings = ~$36/month | $100k gross annual earnings = ~$48/month

CA 2021 COVID-19 Supplemental Paid Sick Leave

Up to 80 paid hours for certain COVID-19 related absences from a separate employer-paid sick bank

One of the more notable temporary COVID-19 laws is California’s 2021 COVID-19 Supplemental Paid Sick Leave. The law was effective as of March 29, 2021, was retroactive to January 1, 2021, and ends soon on September 30, 2021.  It states that California employees will be paid up to 80 hours by the employer rather than through the employee’s own sick leave bank for COVID-19 related quarantines, vaccination appointments and vaccine symptoms. Click here for FAQs. Thus far, management has denied all requests from Flight Attendants to comply with the law, e.g., to pay out of the separate COVID-19 sick bank.  

Filing a claim

Any CA-domiciled Flight Attendant who has used Sick Leave for COVID-19 related absences between January 1st and September 30th should file a claim or a report of a labor law violation with the Labor Commissioner’s Office, which is the state agency charged with enforcement. Please file a claim as soon as possible, but our understanding is that the state accepts such claims for up to three years. Flight Attendants also always have the option to hire their own attorney at their own expense if so desired.

AFA Alaska representatives are here to help

Although AFA cannot represent any FAs regarding such claims, we would very much appreciate you keeping us posted on any developments. Outside counsel has already responded to some claims with very official-looking but in our opinion not entirely on point legalese. AFA Alaska representatives are more than willing to help by supplying basic information and tips, and we would cooperate with any requests from claim investigators. Do not let management’s legal tactics put you off from pressing forward with your rightful claim!

Management vs. State and Local Laws – Part 2

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Management vs. State and Local Laws – Part 2

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

This is the second 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.

In This Edition

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

Most Liberal of the Flight Attendant Domicile State Laws Definition of “Sick Family/Sick Child”

The Roberts Decision and LOA 5 Sick Family/Sick Child

AFA arbitrated Grievance No. 36-99-02-49-03 “Family Leave Benefits” in 2005, which resulted in a favorable ruling for AFA by now-deceased Arbitrator Thomas Roberts. This award, which is usually referenced as “The Roberts Decision” by AFA and management, was at least in part subsequently incorporated into the current contract via Letter of Agreement 5 “Sick Family/Sick Child”:

[W]henever the collective-bargaining agreement refers to a sick child, it is understood that this is a placeholder for “family member.” With the Association’s agreement, the Company will apply the most liberal of the laws of the states in which Flight Attendants are domiciled in determining the appropriate definition of “family member.” When this definition is determined, including any subsequent amendments pursuant to changes in the law or in the interpretation of the law, the Company will publish the definition and distribute it to the Flight Attendants.

Through arbitration and bargaining, the Company is required to apply the most liberal of the Flight Attendant domicile state laws definition of “family member” for whom a Flight Attendant may utilize sick leave to care for that individual, under what circumstances and whether Flight Attendants will receive points under the Attendance Policy for such absences.

Updated list of qualified family members for Sick Family/Sick Child (as of August 30, 2021)

“Family member” includes: • Spouse • Registered domestic partner • Child (biological, step, adopted, foster, legal ward, or registered domestic partner’s child) of any age • Parent (biological, adoptive, step, foster, parent-in-law, or registered domestic partner’s parent) • Legal guardian of the F/A, spouse, or registered domestic partner as a minor • Individual with whom the F/A has or had an in loco parentis relationship – persons in loco parentis are those with day-to-day responsibilities to care for or financially support a child, or who had such responsibility for the employee when the employee was a child • Grandparent • Grandchild • Sibling

Points for Sick Family/Sick Child (in dispute)

Generally, no points apply for time off to care for the above individuals unless the Flight Attendant does not have enough sick leave to cover the absence. See Bulletin #2021-0059 for more information about the Company’s application in these circumstances. Please note this application remains in dispute via ongoing litigation.

Applicable State Laws

Summary

✅ = Honored | ⚠ = Partially honored and/or in dispute | 🚫 = Denied

State laws that AFA believes should apply to flight crew include but are not limited to:

  • Washington
    • WA Family Care Act (WFCA) – 🚫
    • WA Paid Sick Leave (WPSL) – 🚫
    • WA Paid Family Leave (WPFL) – 🚫
    • WA Long Term Care (Cares Fund) – 🚫
  • Oregon
    • OR Family Leave Act (OFLA) – 🚫
    • OR Paid Family and Medical Leave Insurance (PFMLI) – N/A
  • California
    • CA State Disability Insurance (CASDI) – ✅
    • CA Family Rights Act (CFRA) – 🚫
    • CA Family School Partnership Act – 🚫
  • All
    • Wage statement laws: AK, WA, OR – ✅; CA = ⚠
    • Supplemental/temporary COVID-19 leave laws – 🚫

Washington

WA Family Care Act (WFCA)

  • Reference:  RCW 49.12
  • Rule(s) of Interest to FAs:  Use of accrued vacation pay to care for qualified family members under certain conditions.
  • Status:  State of WA & AFA won lawsuit in 9th Circuit Court of Appeals; however, the Company continues to appeal at state level.
  • AS Compliance: No
  • Contact Information:  Washington State Department of Labor and Industries | Mailing Address: PO Box 44000 Olympia, WA  98504-4000 | Phone:  360-902-5800 | Website:  www.lni.wa.gov –> For Workers –> File a Workplace Complaint

WA Paid Sick Leave (WPSL)

  • Reference:  Initiative 1433
  • Rule(s) of Interest to FAs: (1) Employees can use sick leave for preventative care for themselves and/or applicable family members. (2) Discipline and infractions that may lead to discipline (including Attendance Points) cannot be assessed for use of paid SL. (3) Employees can use paid SL on the 90th calendar day of employment (i.e., during FA probationary period).
  • Status:  A4A is appealing summary judgment motion in favor of State of WA & AFA.  The State of WA won in the 9th Circuit Court of Appeals; however, the Company continues to appeal.
  • AS Compliance: No
  • Contact Information: Washington State Department of Labor and Industries | Mailing Address: PO Box 44000 Olympia, WA  98504-4000 | Phone:  360-902-5800 | Website:  www.lni.wa.gov –> For Workers –> File a Workplace Complaint

WA Paid Family Leave (WPFL)

  • Reference: Builds on FMLA & RCW 50A
  • Rule(s) of Interest to FAs: WPFL is a statewide insurance program that ensures paid family leave for various situations. WPFL usually covers 12 weeks of leave, or up to 18 weeks in certain circumstances, and workers receive between $100 and $1,000 per week depending on their income.
  • Status:  No known disputes currently. – Premiums were to be deducted starting January 1, 2019, and leaves were to be allowed beginning January 1, 2020. 
  • AS Compliance: No
  • Contact Information:  Employment Security Department | Phone:  1-833-717-2273 | Email:  paidleave@esd.wa.gov | Website:paidleave.wa.gov

WA Long Term Care (Cares Fund)

  • Reference:  RCW 50B.04
  • Rule(s) of Interest to FAs:  The WA Cares Fund was created to reduce pressure on the Medicaid system. Once vested, you will be eligible to access a maximum lifetime benefit of $36,500 (adjusted for inflation) to pay for expenses associated with needing assistance with activities of daily living (ADLs). Unlike private insurance that generally requires you to be unable to do two ADLs, the WA Cares Fund requires that individuals need assistance with three ADLs to qualify. Examples of ADLs: Dressing, bathing, cognitive impairment, and other basic functions of your daily routine. Benefits are not portable or payable if you reside outside of Washington state at the time the benefit is needed.
  • Status:  No known disputes currently. – Paid for by a 0.58% tax on employee wages starting January 1, 2022, with benefits beginning in January 2025.
  • AS Compliance:  No – The Company does not intend to collect premiums.
  • Contact Information:  Washington State Department of Social and Health Services | Email:  wacaresfund@dshs.wa.gov | Website: http://www.wacaresfund.wa.gov/

Oregon

OR Family Leave Act (OFLA)

OR Paid Family and Medical Leave Insurance (OPFMLI)

  • Reference:  HB 2005​
  • Rule(s) of Interest to FAs: OPFMLI will provide 12 weeks of paid time off for various circumstances, with weekly benefits capped at $1215. The employee must have earned at least $1,000 in wages during the previous year. This leave will run concurrent with OFLA. 
  • Status: State pushing start date to January 2023 or later
  • AS Compliance:  N/A – Begins in 2023 or later, but AS will likely not follow the law.
  • Contact Information:  Oregon Employment Department | Mailing Address:  875 Union St. NE Salem, OR 97311 | Phone: 503-947-1394 | Email:  paidfamilyandmedicalleave@oregon.gov | Website: https://www.oregon.gov/employ/PFMLI/Pages/default.aspx

California

CA State Disability Insurance (CASDI)

  • Reference:  California Unemployment Insurance Code §2601 et seq.
  • Rule(s) of Interest to FAs:  Partial wage replacement for non-work disability: illness, injury and/or pregnancy. SDI contributions are paid by California workers covered by the SDI program.
  • Status:  No known disputes currently
  • AS Compliance:  Yes – Since 1987
  • Contact Information:  Employment Development Department | Phone numbers:  English: 1-800-480-3287; and Spanish: 1-866-658-8846 | Website:  https://askedd.edd.ca.gov or https://edd.ca.gov/Disability/SDI_Online.htm

CA Family Rights Act (CFRA)

  • Reference:
  • Rule(s) of Interest to FAs: CFRA includes a generous pregnancy disability leave (PDL) and other family care and medical leave provisions under The Fair Employment and Housing Act. Requires 1250 hours in the prior 12 months. CFRA is like FMLA, but CFRA also covers domestic partner and domestic partner’s children. An employer can require the employee to use vacation pay, but the employee cannot use sick leave if not for the employee’s own medical condition. Health benefits must be continued during the leave if the employer is part of a group plan.
  • Status:  No lawsuits known to AFA at this time.
  • AS Compliance:  No
  • Contact Information:  Department of Fair Employment and Housing | Mailing Address: 2218 Kausen Drive, Suite 100, Elk Grove, CA 95758 | Phone: (800) 884-1684 | Email:  contact.center@dfeh.ca.gov | Website:  http://www.dfeh.ca.gov/

CA Family School Partnership Act

  • Reference:  CA Labor Code 230.8
  • Rule(s) of Interest to FAs: Employees may take 8 hours/month up to 40 hours/year to attend any day care or K-12 school function that is sponsored, supervised, or approved by the school, school board, or childcare facility. Time loss may be paid out of vacation pay, compensatory time off (CTO), personal time off or unpaid. Attendance Points may not be assessed for using this leave. Applies to parents, grandparents, or guardians with at least seven days’ notice.
  • Status:  No known disputes currently. – AFA encourages eligible and willing California FAs to request time off under this law and then to file a complaint with the state when denied.
  • AS Compliance:  No
  • Contact Information:  CA Dept of Industrial Relations | Phone Numbers: 1-844-619-8786 or SFO 415-703-5300, LAX 213-620-6330 or SAN 619-220-5451 | Email:  DLSE2@Dir.CA.gov | Website:  https://www.dfeh.ca.gov –> Complaints

Filing a Claim with the Appropriate Agency

AFA cannot file claims on behalf of Flight Attendants, but we’re here to assist

AFA does not have the ‘standing’ to file complaints with state or local agencies on behalf of affected employees–even if those employees are AFA Alaska members. However, we are very much interested in guiding and supporting members to file such complaints. Flight Attendants should reach out to their local AFA Benefits Committee representatives to discuss the law in question, and we will refer you to the applicable state agency so you can file a claim. Flight Attendants should copy an AFA rep into any email correspondence with the state.

Helpful tips

When filing a claim, the Flight Attendant will need to provide evidence of the Company’s refusal to comply with the law. Flight Attendants are encouraged to keep a documentation trail and to file timely as there may be filing timelines. We encourage Flight Attendants to tell any state agency representative that Alaska Airlines is knowingly disregarding the law.  AFA is hopeful that the states will act against Alaska Airlines management directly and compel the Company to comply with applicable state laws.   

In the Next Edition (Publishing Monday)

  • WA Long Term Care (Cares Fund)
  • CA 2021 COVID-19 Supplemental Paid Sick Leave

We Will Never Forget – September 11, 2001

Click here to visit the AFA Never Forget Website

United Flight 175

Robert J. Fangman
Amy N. Jarret
Amy R. King
Kathryn LaBorie
Alfred G. Marchand
Michael C. Tarrou
Alicia N. Titus
Captain: Victor Saracini
First Officer: Michael Horrocks
Customer Service Representatives: Marianne MacFarlane and Jesus Sanchez

United Flight 93

Lorraine G. Bay
Sandra Bradshaw
Wanda A. Green
CeeCee Lyles
Deborah Welsh
Captain: Jason Dahl
First Officer: Leroy Homer

American Flight 11

Barbara Arestegui
Jeffrey Collman
Sara Low
Karen Martin
Kathleen Nicosia
Betty Ong
Jean Roger
Madeline Sweeney
Dianne Snyder
Captain: John Ogonowski
First Officer: Thomas McGuinness
Customer Service Representative: Renee Newell

American Flight 77

Michele Heidenberger
Jennifer Lewis
Kenneth Lewis
Renee May
Captain: Charles Burlingame
First Officer: David Charlebois

AFA Alaska Update – September 3, 2021

In This Edition

  • September 11th Unity Remembrance Pin
  • Uniform Quality Issues – Your Help Is Needed!
  • Hotel Resources & Safety Reminders
  • Personal Strategies for Approaching the Anniversary of September 11th

September 11th Unity Remembrance Pin

AFA International

Our September 11th Unity Remembrance Pin was designed in solidarity with the Association of Professional Flight Attendants (APFA) to honor our heroes.  AFA and APFA members lost their lives on September 11, 2001, but Flight Attendants across the industry – whether in our unions or not – feel the significance of this day and promise alongside us to #NeverForget. We welcome all Flight Attendants across the industry to wear this pin representing the crews of all four flights and the bond we have as Flight Attendants. Wear this pin on September 11th and throughout the month of September, along with your official AFA pin. 

How Do I Get a Pin?

Local Councils will be distributing these pins in person starting this week.  Be on the lookout for a communication from your Local Council with more information on how pins will be distributed locally at your base.

Questions?

If you have any questions, please contact your Local Executive Council (LEC) Officers.

Uniform Quality Issues – Your Help Is Needed!

Uniform Committee

Our Uniform Committee is continuing to advocate for improvements in uniform quality and needs your help!  Committee Members have heard your concerns loud and clear and want to continue driving change that will improve the quality of our uniforms. 

Management and Unisync, the Company’s uniform vendor, currently have a matrix in place to “red flag” issues after hitting a threshold number of complaints. The more individual reports that are received by Unisync, the more likely a particular issue will get management’s attention.  Management is incredibly focused on this data and uses it almost exclusively to dedicate resources to making changes and resolving issues.  Our Uniform Committee is asking for your help by reporting every uniform quality issue that you have in a documented email to Unisync.

Some progress has already been made based on response to the most recent survey and emails sent by Flight Attendants. As of July 1, 2021, the following changes have been put in place:

  • All new production of pants, skirts and dress hems will be double-stitched at the factory.*
  • All hems performed at the distribution center will be double stitched and only done in-house.*
  • Thread loop counts will be increased on all buttons for new production garments at the factory.*
  • Unisync has increased inspections performed on new garments and returns coming into the distribution center and will repair any hems or buttons to the above standard.

* Please note that some residual stock may remain with the previous manufacturing method.

There are still more issues to be addressed such as fabric quality and accessory/detail pieces like wings and zippers.  Please help our Uniform Committee by taking the time to email Unisync with any quality issues you are experiencing.  Contact information for Unisync can be found below or on the Uniform Subsite under “Customer Service.”  When sending an email, please describe the issue with as much detail as possible and include a photo if possible.  Please CC your Local Uniform Committee Chairperson on the email so that the Uniform Committee can track the issues as well.

Smaller issues such as buttons falling off or hems coming out can be fixed at the Uniform Fit Center or through a tailor of your own choosing and submitted for reimbursement following the alterations guidelines; however, we ask that you still report to Unisync so the issues can be tracked and monitored.

How To Report Issues to Unisync

Email: alaskaservice@unisyncgroup.com
Phone: 1-833-5-ALASKA / 1-833-525-2752
Monday-Friday, 8 AM-6 PM Pacific time

When emailing, please include your Local Uniform Committee Chairperson on the CC line

Questions?

Thank you for joining us in this process. We want all of you to be proud to wear our uniform!  If you have any further questions or concerns, please do not hesitate to contact your Local Uniform Committee. 

Hotel Resources & Safety Reminders

Hotel Committee

Hotel Hotline Document

Each month, management publishes a resource document with information about layover hotels and transportation providers.  This document, called the Hotel Hotline, is available on both the Inflight website (Hotel Travel & Station > Hotel Hotline) and in GoodReader on the IMD (ASFASupplemental > Hotel Hotline).  In the Hotel Hotline, you’ll find a wealth of information including current local face covering requirements, food & beverage options and discounts, and other amenity information for each hotel.

Verify Your Transportation Provider

You can find information about the designated transportation provider for your layover in your trip information in Crew Access.  The Hotel Hotline document often provides additional details including what type of vehicles the provider operates, what they look like, and how they might be marked.  To ensure your safety, it is always a good idea to know who your transportation provider is and what the vehicle that will be picking you up should look like.

When a transportation provider arrives and indicates they are scheduled to transport your crew, ask the driver to verify the airline and flight number that they have been assigned to pick up. All drivers should have this information.  If the driver is unable to verify the flight number, call the transportation provider using the phone number listed in Crew Access or the Hotel Hotline to confirm that they have dispatched the driver.  If you are unable to get in contact with the transportation provider, call Crew Scheduling for additional verification before getting into the vehicle.

Layover Safety

Safety is always our primary responsibility while on the aircraft, but we should also remain focused on safety when on layovers.  Taking additional precautions and keeping personal safety at the forefront of your mind is always a best practice.  Here are a few tips:

  • If not staying at hotel, leave contact information with other crewmembers or a trusted contact if not traveling with other crew members.
  • Prop the guestroom door open with luggage while examining closets, bath, windows, under beds, and ensuring all locks are in working order—if there is an intruder, you have an opportunity to yell for help and quickly leave room.
  • Use the buddy system to ensure each crew member’s room is clear.
  • Always use chain latch/bar latch (secondary lock) while in room.  If you must open door, keep chain/bar latched.
  • Always use optical viewing port when available.
  • If anyone should request entry to room, verify with front desk that the individual has a need for access.
  • While moving about hotel (restaurant, lounge, pool area, etc.), if you feel that you are being followed or closely watched, inform the hotel front desk.  Remain at the front desk until a determination has been made concerning suspicion.
  • Leave TV on and turn volume up a little louder when leaving room.
  • During evening hours, when outside the hotel, walk in pairs—it is always a good idea to use buddy system.  Do not assume all areas are good areas to walk or jog.
  • Do not use back stairways and avoid dark areas around hotels.
  • Do not wear expensive jewelry on layover—do not be a target.

You can find more information about layover safety in the Flight Attendant Manual (FAM), section 7.600, pages 8–11.

Questions?

If you have any questions, please contact your Local Hotel Committee.

Personal Strategies for Approaching the Anniversary of September 11th

Employee Assistance Program (EAP)/Professional Standards Committee

As we approach the anniversary of September 11th, many of us will begin to plan how we’ll recognize this day. Anniversaries offer an opportunity to acknowledge our memories and experiences, to connect with others who share in them, and to pay tribute to our individual and collective journeys.  They can also serve as personal and professional milestones of our healing and resiliency.   For some, September 11th will be marked with private personal gestures such as observing a moment of silence, spending quiet time reflecting, or dedicating our flying to our profession.  For others, it will be marked with collective activities such as ceremonies and memorial services.

There is no right way or better way to recognize the anniversary; but, there are some suggestions that may prove helpful as we approach the anniversary of September 11th. 

  • Observe the anniversary in a way that’s comfortable for you.  Say no to events or activities that you sense may flood you with too many feelings.  Find more gentle ways of honoring the anniversary.
  • Don’t compare yourself to how others around you appear to be dealing with the September 11th anniversary.
  • Acknowledge that we all heal at different rates, in different ways, and with different outcomes.
  • Give yourself permission and time to be affected.  Though uncomfortable, anticipate and plan for having a stress reaction as the anniversary approaches.  Trust that if you have moments of difficulty, you’ll be able to pull yourself back together.
  • Try not to isolate yourself.  Pre-plan now to be with people if you know you have this tendency.

However you choose to structure your day this September 11th or however it just naturally unfolds, please remember that your AFA EAP Committee Members welcome being a part of it.  If you or a flying partner needs a confidential ear, please call us at (949) 470-0493 or find your Local EAP Committee contact information at afaalaska.org/eap.  Remember, we’re just a phone call away.  

Recent Changes to COVID-19 Policies

Recent Changes to COVID-19 Policies

Master Executive Council (MEC) and Grievance Committee

Summary of Recent Changes to COVID-19 Policies

The following is a general summary of what Alaska Airlines management announced in the “Our plan for keeping you and our guests safe from COVID” email that was sent earlier yesterday to all employees regarding the Company’s approach to vaccination and COVID safety measures:

  • No requirement for existing employees to be vaccinated against COVID-19
  • Requirement for new hire employees to be vaccinated against COVID-19 -> This was previously communicated via an August 30th email from VP Inflight Travis Gelbrich “Important updates to pay protection and new hire policies,” which also references exceptions for accommodations required by law for medical exemptions or sincerely held religious beliefs
  • $200 incentive if proof of vaccination is submitted byOctober 15, 2021
  • Pay protection for vaccinated employees during any Company-mandated quarantine period for workplace exposure (for Flight Attendants: as defined by the Inflight division’s contact tracing protocol) -> Already communicated earlier in the week via the email from Travis
  • No pay protection for employees who decline to confirm being fully vaccinated for all COVID-related absences including during any Company-mandated quarantine period for workplace exposure (for FAs: as defined by the Inflight division’s contact tracing protocol) -> Already communicated earlier in the week via the email from Travis and confirmed by the updated contact tracing protocol effective September 2, 2021
  • For employees who decline to submit proof of vaccination by November 1st:
    • Regular COVD-19 testing
    • Must always wear a mask regardless of federal, state, and local requirements
    • Mandatory vaccine education program and acknowledgement of the risks of remaining unvaccinated and the protocols to be followed

Duty of Fair Representation

We know there are very strongly held and polar opposite convictions regarding mandatory vaccination—because we have heard from many of you regarding your expectation that we advocate for your personal position on the issue. However, the reality is that AFA has a duty to fairly represent all Flight Attendants. Consequently, the MEC continues to represent the entire group by faithfully reporting to management:

  • This is a complex issue.
  • Some FAs are passionately opposed to mandatory vaccinations, disclosing vaccination status and disparate treatment of those who decline to disclose their vaccination status.
  • Some FAs are passionately demanding mandatory vaccinations and all efforts to move in that direction.
  • The entire group is experiencing a range of emotions regarding the announced policy changes.
  • Almost everyone seems to be disappointed with at least some aspect of the policy changes.
  • Several questions and concerns about how the new COVID-19 policies will be administered remain unresolved.

Unprofessional and/or Unsupportive Behavior, Disparate Treatment, Discrimination, Hostile Work Environment, and Harassment

The MEC has received concerns about unprofessional and/or unsupportive behavior, disparate treatment, discrimination, and hostile work environment. Regardless of the following legal minutiae, we understand that being at work lately has been more uncomfortable due to the divided opinions about vaccination and management’s recent COVID-19 policy changes.

Unprofessional and/or Unsupportive Behavior

On this point, we agree with Travis: “Our individual views around vaccinations do not warrant unprofessional or unsupportive behavior towards our fellow employees.” We need to find a way to peacefully coexist with each other, or there will eventually be disciplinary consequences. If you or your peers are struggling with experiences of unprofessional and/or unsupportive behavior between union-represented employees, then the MEC recommends contacting AFA EAP/Professional Standards for peer-to-peer handling.

Discrimination

There is a difference between ‘discrimination’ in the sense of (1) inequitable application of a Company rule and/or contract provision and/or disciplinary action versus (2) discrimination of a legally protected class. We will address the former later in the communication. Regarding the latter, our analysis is that the recent COVID-19 policy changes do not qualify as prohibited discrimination of a legally protected class. Even if there were such discrimination, AFA does not have the legal standing to bring forward such complaints under the law–the employee must do that directly.

Disparate Treatment and Hostile Work Environment

The recent vaccination policy changes by management are not technically disparate treatment or creating a hostile work environment under the law because disparate treatment or hostile work environment situations must occur in conjunction with illegal discrimination of a protected class to qualify.

Harassment

If you experience unprofessional or unsupportive behavior, then it is best practice to resolve those concerns directly with the employee(s) or via referral to Professional Standards for peer-to-peer handling. If any Flight Attendant is truly feeling harassed, we recommend bringing those concerns forward to Human Resources. AFA will make our best effort to provide a union representative for support during any conversations with Human Resources. Alternatively, or additionally, you may consider filing a complaint with the relevant government agencies or consulting with an attorney to discuss legal options. 

Inequitable and Unilateral Application of Non-Contractual Company Policy

AFA filed Grievance No. 36-99-2-230-21 Violation of §16 Sick Leave/On the Job Injury in response to management’s recent inequitable and unilateral application of a non-contractual (i.e., extra-contractual) Company Policy:

[AFA is] requesting an investigation and hearing into the following issue:

The Company’s violation of Collective Bargaining Agreement §16 [Sick Leave/On the Job Injury], past practice, and all related sections of the Collective Bargaining Agreement when it announced beginning on or about August 31, 2021, that it would grant pay protection per §21.M [Compensation: Pay Protection…] to vaccinated symptomatic and/or COVID+ Flight Attendants for scheduling obligations removed due to Company-directed quarantine in response to high-risk COVID-19 workplace exposures and deny pay protection under similar or the same circumstances for unvaccinated Flight Attendants or for Flight Attendants who decline to disclose their vaccination status and would instead require them to be removed from their scheduling obligations by forcing them onto sick leave and paid through their sick leave bank or accrued vacation pay if the sick leave bank was depleted. Neither §16 nor §21.M contains any exceptions or distinctions based on vaccination status, yet the Company failed to bargain with the Association and unilaterally implemented such non-contractual exceptions or distinctions inequitably across the collective bargaining unit.

Essentially, we are grieving the fact that management has no basis for applying the contract to some but not all Flight Attendants. Specifically, this is about Flight Attendants who decline to disclose vaccination status or have acknowledged they are not fully vaccinated and management’s denial of access to pay protection vs. sick leave for such FAs. This is because these FAs are inequitably and unilaterally denied pay protection for mandated quarantines under the COVID-19 contact tracing workplace exposure protocol and instead forced onto sick leave regardless of whether they are sick or not. Conversely, FAs who have confirmed they are fully vaccinated are afforded pay protection under the same or similar circumstances. This grievance was filed in response to management’s inequitable application of contractual sick leave provisions and benefits across the collective bargaining unit and not in response to any position about vaccination.

Remaining Questions and Concerns

The MEC recognizes that several details about the recent COVID-19 policy changes remain unclear and possibly may lead to AFA filing additional grievances. We have at least one follow-up meeting already scheduled between management and MEC representatives to discuss questions and concerns, so stay tuned for subsequent developments soon.

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