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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

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.

AFA Alaska Update – May 28, 2021

In This Edition

  • Grievance Committee Update
  • Join the Delta AFA Campaign
  • UNCF Commitment Aircraft
  • Mental Health Awareness Month

Grievance Committee Update

Grievance Committee

Our Grievance Committee has been very hard at work ensuring disciplinary due process and contractual compliance on your behalf.  The collective bargaining agreement (CBA) requires a minimum of 13 arbitration dates yearly to dispute discipline/termination cases and contractual issues.  AFA typically prioritizes termination cases to return a Flight Attendant back to work as soon as possible; however, we seek a balance between discipline and contractual cases.  AFA and management mutually decide which cases to arbitrate next based on many factors. 

Steps of discipline are confirmation of oral warning (COW), written warning (WW), suspension (varied number of days) to termination.  COWs, WWs, and suspensions remain in the Flight Attendant’s file for 18 months, and then are removed.  If a Flight Attendant is in a step of discipline and gets another violation, the new violation will build on the previous violation.  Management doesn’t always progressively travel up the steps of discipline.  There is no middle ground or progressive discipline for certain violations.  If management investigates a Flight Attendant for theft or abuse of sick leave, for example, management will terminate the Flight Attendant if there is evidence to support its findings; if there is no evidence, then the Flight Attendant will most likely be issued a record of discussion (ROD).  A ROD is not considered discipline.  

For Your Information – Block2Block Team Messaging

Everything that Flight Attendants and other employees type in the team messaging feature of Block2Block is recorded, saved, and regularly reviewed by management.  Anyone in the company who has access to the system can log on to a flight and use the system to communicate or just see what is being said. Also, if they choose, they can go back and review conversations from past flights.  

Subjects of Most Recent Discipline

  • Sick leave and FMLA abuse—terminations on the rise due to travel audits among other things.  Anything written in the advertising comments on trip trades and personal drops can be seen, even if later deleted.  Also, recorded telephone conversations with Crew Scheduling can be referenced for use by management in discipline.  If management determines abuse it results in termination.  The Company will be looking at sick leave patterns around holidays as well.  This means, for example, if a Flight Attendant has called in sick for 3 of the last 3 Mother’s Days, s/he may be called in for a sick leave abuse meeting.  
  • Timecard fraud—for example: delaying boarding door closure to obtain sit pay.  Management has terminated for this violation.
  • Drug/alcohol violations
  • Theft.  Anything other than an opened/used bottle of water, unused pilot crew meal or purchased food removed from the aircraft will result in termination.  
  • Harassment and discrimination
  • Reserve Flight Attendants commuting during the reserve availability period (RAP) even if self-assigned a trip and/or not being in base for the entirety of the RAP (except as provided for in §11.C.5 on the last day of the block).  Management has terminated for commuting during the RAP several times.
  • Commuter Violations
    • Flight Attendant released from DHD and used D8Y home
    • Flight Attendant used D8Y when they picked up out of base
    • Flight Attendant used D8Y to/from incorrect cities
    • Flight Attendant used D8Y for pleasure travel.  Commuter audits are being used for researching whether commuting reserve Flight Attendants are in base for their full RAP, and if not, it typically results in termination.
  • Social media violations including sending friend or follow requests to passengers on social media based on information gained from Block2Block.  Also, postings which can be deemed harassing or discriminatory typically result in discipline ranging from written warning to termination.
  • Lost IMD or other required items
  • Failing to complete CBT—even if Flight Attendant just forgets to hit the close out x at the top to switch it from in process to complete.
  • Uniform Issues—Flight Attendants can and have been pulled from working their flights without pay for uniform non-compliance and/or issued discipline.

Recent Arbitration/Mediation

ArbitrationOctoberContractual Grievance
ArbitrationNovemberContractual Grievance
ArbitrationDecemberContractual Grievance
ArbitrationJanuaryDisciplinary Grievance

Recent Arbitration Awards

Grievance No.:  36-99-2-29-20-Violation of §30.C.4 Computer Based Training (CBT).  The Company’s violation of Collective Bargaining Agreement [Training], past practice, and all related sections of the Collective Bargaining Agreement when on or about January 21, 2020, it significantly increased the number of evaluated drills conducted during recurrent training (RT) and considerably changed the requirements to demonstrate proficiency and pass said drills. To pass all 36 drills with the required perfect score, the Company published 39 videos for Flight Attendant viewing with total watch time of 39 minutes and 40 seconds, none of which Flight Attendants were compensated for watching.

Details:  Unfortunately, the arbitrator found in favor of the Company.  The arbitrator did recognize the merits of the Union’s case; however, the CBA did not provide for the decision for which we hoped.  

Recent Grievance Settlements

Grievance No.:  36-99-2-45-17-Violation of §10.S Pre-Cancellation and Schedule Changes.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §10.S [Scheduling:  Pre-Cancellation], past practice and all related sections of the Collective Bargaining Agreement when it altered Flight Attendant schedules due to a schedule change/flight retiming using inapplicable Pre-Cancellation language without prior notice to or approval from AFA.  

Details:  All pre-cancellations, retimes, flight routing changes and aircraft downgrades that occur in advance of the day of departure of a sequence will be handled under §10.S [Pre-Cancellations] beginning Tuesday, June 1, 2021, at 12:01 AM Pacific Time. Click here to read the settlement agreement. 

Grievance No.:  36-99-2-144-19-Violation §13.D.1 Uniform Allotment and Optional Pieces.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §13.D.1 [Uniforms:  Uniform Allotment/Credits], past practice and all related sections of the Collective Bargaining Agreement when it refused to give Flight Attendants the ability to purchase Luly Yang inspired by Alaska Airlines optional uniform pieces (which are or will be available for purchase at the Alaska Airlines Company store) with their contractual uniform allotted funds.  

Details:  The Company is not obligated to sell Luly Yang items at the Company Store; however, if it does, all Luly Yang items will be sold at cost to all Alaska Airlines Flight Attendants. Click here to read the settlement agreement.

Grievance No.:  36-99-2-165-19- Violation of Vacation Trading Past Practice.  This grievance alleges the Company’s violation of Collective Bargaining Agreement § 14 [Vacation], an established past practice, and all related sections of the Collective Bargaining Agreement when it violated an established past practice for a real-time, electronic vacation trading system and the subsequent failure of that system to allow SEA-based Flight Attendants to access and trade vacation at the established start time.  

Details:  On or about October 28, 2019, the Company’s Flight Attendant vacation trading system went down for 20 minutes affecting many Flight Attendants’ ability to trade their vacation. Approximately 57 Flight Attendants contacted AFA due to the outage.  The Company agreed to pay each of those 57 Flight Attendants 1.0 TFP no later than their March 19, 2021, paycheck.  Click here to read the settlement agreement. 

Grievances Recently Filed and Denied

Grievance No.:  36-99-2-384-20-Violation of §10.S Scheduling Notifications.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §10.S [Scheduling:  Pre-Cancellations], past practice, and all related sections of the Collective Bargaining Agreement when it used non-contractual scheduling notifications sent to Flight Attendants via the Crew Scheduling system in order to communicate and assign alternate flying or an obligation to call Crew Scheduling within a specific window of time.  If a Flight Attendant accepts such non-contractual scheduling notification(s), which is neither contact by Crew Scheduling via Company email nor via primary phone contact as defined in §10.S.1.a, the scheduling notification(s) violates the contract by abrogating the Flight Attendant’s ability to: (1) decline the alternate assignment and waive pay protection (§10.S.2.b), (2) decline the “out of original footprint by more than two hours” alternate assignment and call Crew Scheduling between 6:00 PM and 8:00 PM (local domicile time) the night prior to the start of the original sequence (§10.S.2.c), or (3) waive pay protection and be relieved of any further scheduling obligation (§10.S.3). 

Grievance No.:  36-99-2-386-20-Violation of §8.Q & §8.R Contactability and Notification of Delay or Cancellation. This grievance alleges the Company’s violation of Collective Bargaining Agreement §8.Q [Hours of Service:  Contactability] and §8.R [Hours of Service: Notification of Delay or Cancellation], past practice, and all related sections of the Collective Bargaining Agreement when it used non-contractual scheduling notifications sent via the Crew Scheduling system in order to communicate and assign revised flying to Flight Attendants who were off-duty on a remain overnight (RON). Such scheduling notifications are in violation of the contractually defined means of contact and/or the Flight Attendant’s obligation to respond pursuant to these provisions.

More Information

For more information, including the status of previously filed grievances, please visit the Grievance Committee Activity Page.

Questions?

Please contact your Local Grievance Committee if you have any questions about the Grievance Committee update.

Join the Delta AFA Campaign

AFA International

Volunteer Delta Air Lines Flight Attendants have been actively working to organize and build their Union and AFA continues to support them in their efforts.  Activities are continuing to ramp up and the AFA organizing team is seeking Flight Attendants from Alaska and other AFA airlines who would like to get involved.  If you have personal connections with Delta Flight Attendants, commute or travel regularly on Delta, or are interested in supporting the organizing effort, please take a moment to complete the online contact form or scan the QR code to the right.

Want to Know More?

You can read more about the Delta AFA organizing campaign at https://www.deltaafa.org.

UNCF Commitment Aircraft

Human Rights Committee

On April 26, 2021, Alaska Airlines proudly received its newest livery, an aircraft that symbolizes the Company’s support for education and equity – called “Our Commitment.”  This aircraft was inspired and designed in partnership with the Air Group Black Employees (ABEA) business resource group and others. The profiles on the side of the aircraft are 14 children and grandchildren of Alaska’s employees. Located at the L/R1 doors are two inspirational quotes: “The time is always right to do what is right,” (Rev. Dr. Martin Luther King, Jr.) and “Education is the most powerful weapon we can use to change the world” (Nelson Mandela).

Photo: Alaska Airlines

Alaska’s partnership with the United Negro College Fund (UNCF) began in 1991. Over the years, Alaska has supported UNCF’s fundraising efforts through donating tickets and event sponsorship. In 2017, UNCF became a LIFT Miles partner enabling students to attend college tours and travel back and forth during school semesters at Historically Black Colleges and Universities (HBCUs).  This is like other partnerships and sponsorships the Company presently has with many colleges and universities throughout the route network.

As this aircraft travels around our system, it represents Alaska’s commitment to promote equality and education. It encourages us as an airline to do the right thing by amplifying the conversation around education and equity.

Questions?

If you have any questions, please reach out to your Local Human Rights Committee.

Mental Health Awareness Month

Employee Assistance Program (EAP)/Professional Standards Committee

If you have a mental health condition, you’re not alone. One in 5 American adults experiences some form of mental illness in any given year. And across the population, 1 in every 20 adults is living with a serious mental health condition such as schizophrenia, bipolar disorder or long-term recurring major depression. Unfortunately, many people don’t seek treatment or remain unaware that their symptoms could be connected to a mental health condition. Trying to tell the difference between what expected behaviors are and what might be signs of a mental illness isn’t always easy. Each illness has its own symptoms, but common signs of mental illness in adults and adolescents can include the following:

  • Excessive worrying or fear
  • Feeling excessively sad or low
  • Confused thinking or problems concentrating and learning
  • Extreme mood changes, including uncontrollable “highs” or feelings of euphoria
  • Prolonged or strong feelings of irritability or anger
  • Avoiding friends and social activities
  • Difficulties understanding or relating to other people
  • Changes in sleeping habits or feeling tired and low energy
  • Changes in eating habits such as increased hunger or lack of appetite
  • Changes in sex drive
  • Difficulty perceiving reality (delusions or hallucinations, in which a person experiences and senses things that don’t exist in objective reality)
  • Inability to perceive changes in one’s own feelings, behavior, or personality (“lack of insight” or anosognosia)
  • Overuse of substances like alcohol or drugs
  • Multiple physical ailments without obvious causes (such as headaches, stomach aches, vague and ongoing “aches and pains”)
  • Thinking about suicide
  • Inability to carry out daily activities or handle daily problems and stress
  • An intense fear of weight gain or concern with appearance

If you’re concerned about any of these signs either in yourself, a love one or a flying partner, please reach out to your AFA EAP Committee for confidential support and assistance.  Call (949) 470-0493 or locate your local AFA EAP Committee Members at https://afaalaska.org/eap.  

AFA Update – May 7, 2021

In This Edition

  • Contract Extension Voting through May 12
  • Take the Flight Attendant Vaccine Status Survey
  • Upcoming AFA Board of Directors Meeting
  • Reporting Missing Airbus Oven Inserts and Racks
  • Concerned About A Loved Who Is Struggling with Alcohol or Drugs?

Contract Extension Voting through May 12

Master Executive Council (MEC)

Voting continues on the contract extension tentative agreement and polls will remain open through Wednesday, May 12 at 9 AM PDT.  If you haven’t already done so, please take a moment to review the tentative agreement, virtual roadshow recordings, and other resources in order to help you cast an informed vote. 

Voting or Ballot Questions

If you have not yet received your ballot (voting instructions and 16-digit activation code), please review the information on how to request a new activation code on the Contract Extension Voting Information page of afaalaska.org.

Voting Eligibility Questions

If you have received an error message when attempting to use your activation code to vote or need to verify that your membership status prior to voting, please contact AFA Membership Services for assistance.  AFA Membership Services may be reached at (800) 424-2401 and then choosing option 7. 

Please note that the AFA International office is currently closed due to the COVID-19 pandemic, so everyone is working from home. Please leave a voice message with your name, Peoplesoft number and a good callback number. Someone will return your call as soon as possible during regular business hours (Monday through Friday from 9:30 AM to 5 PM EDT).

Take the Flight Attendant Vaccine Status Survey

AFA International

Have you gotten your vaccine yet? Since the first vaccines were approved, we’ve been advocating for Flight Attendants to be included with other essential workers in priority groups. The CDC announced that it’s safe for fully vaccinated (and masked!) people to travel, and we’re already seeing significantly higher passenger volumes. As we work to make sure our planes stay safe, it’s important for us to know whether members are able to receive the vaccine.

All adults in all states are now eligible to receive the vaccine. We are keeping our afacwa.org/vaccine up to date with the latest information on access and Flight Attendant prioritization.

Will you take our quick vaccine survey to help us track access? No personal information will be shared from the survey.

Upcoming AFA Board of Directors Meeting

Master Executive Council (MEC)

Our Master Executive Council (MEC) Officers, Local Executive Council (LEC) Presidents, and many other LEC Officers and Committee Chairs will be attending the 48th Annual AFA Board of Directors (BOD) meeting next week virtually using Zoom.  This annual meeting is where AFA conducts the business of our Union at the international level.

Schedule of Events

Tuesday, May 11 – Wednesday, May 12May Regular MEC Meeting
Wednesday, May 12Executive Board Meeting (MEC President from each airline)
Thursday, May 13 – Friday, May 14Board of Directors Meeting

BOD Meeting Agenda Items

Your LEC President represents you and the other members of your Local Council on the Board of Directors and will be casting votes on your behalf at the BOD meeting.  Your MEC Officers serve in an ex-officio capacity on the BOD but do not have voting privileges.

Each LEC held a Local Council meeting over the past several weeks to discuss the proposed agenda items and gain your feedback.  You can find details about the proposed agenda by contacting your LEC President.

Questions?

If you have any questions or thoughts about the BOD meeting or the proposed AFA-CWA budget, please contact your LEC President.

Reporting Missing Airbus Oven Inserts and Racks

Inflight Service Committee

The Inflight Service Committee has recently been working with management to attempt to resolve issues related to missing oven inserts and racks onboard Airbus aircraft.  The Committee has received numerous reports of Airbus ovens missing inserts and racks while at the same time management has not received corresponding reports.  Oven inserts and racks are considered standard catering equipment on Airbus aircraft and, if not present, should be reported in the same manner as other missing catering items. 

To ensure that we have the necessary tools and equipment to safely perform our duties, the Inflight Service Committee is looking for your help in reporting missing Airbus oven inserts and racks.  The next time you fly on an Airbus aircraft, please ask the “A” Flight Attendant to check to oven to determine if there is an oven insert and racks present.  If not, please report the missing equipment using the catering reporting function within Block2Block.  The more reports that management receives on this issue, the more effective the Committee will be in advocating to resolve the equipment shortage.

Questions?

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

Concerned About A Loved Who Is Struggling with Alcohol or Drugs?

Employee Assistance Program (EAP)/Professional Standards Committee

Watching a friend or family member struggle with alcohol or drugs use can be heartbreaking. But, with help, there is recovery.

Here are some questions you might want to ask yourself about another person’s use of alcohol or drugs. If you answer yes to two or more questions, consider calling your AFA EAP for confidential support and next step options. Remember, many have been where you are.

  • Do you worry about how much your friend or loved one uses alcohol or drugs?
  • Do you lie or make excuses about their behavior when they drink or use drugs?
  • Do they get angry with you if you try to discuss their drinking or drug use?
  • Have you ever been hurt or embarrassed by their behavior when using drugs or alcohol?
  • Do you have concerns about how much time and money they spend on alcohol and drugs?
  • Do your resent having to pick up their responsibilities because they are drunk, high or hungover?
  • Do you ever get scared or nervous about their behavior when they’re drinking or using drugs?
  • Do you ever feel like you’re losing it–“going crazy”–just really stressed out?

Here are some important suggestions: 

  • Learn all you can about substance use disorders.
  • Speak up and offer your support.  Talk to the person about your concerns and offer your help, including your willingness to go with them and get help. 
  • Don’t wait for them to “hit bottom.”  You may be met with excuses, denial or anger, but be prepared to respond with specific examples of behavior that have you worried.
  • Don’t expect the person to stop without help.  You have heard it before — promises to cut down, to stop — but it doesn’t work.  Treatment, support, and new coping skills are needed for recovery.  

Contact your AFA EAP for peer support and treatment resources.  We have specialized programs that know how to work with Flight Attendants and their families. Call us at (949) 470-0493 or find your Local EAP Committee at https://afaalaska.org/eap.

AFA Update – March 19, 2021

In This Edition

  • How the First Amendment Applies in the Workplace
  • Benefits Enrollment Upon Returning from a Leave of Absence (including EVF or ELOA)
  • What’s the Difference Between a Fear and a Phobia?
  • REMINDER: Scholarship Opportunities

How the First Amendment Applies in the Workplace

Grievance Committee

The Grievance Committee is hearing a lot of chatter from Flight Attendants believing they are exempt from discipline from harassment or discrimination due to their First Amendment rights of freedom of speech and freedom of religion.  We’d like to give a brief overview of how the Amendment actually affects one who works for a private employer such as Alaska Airlines.

The First Amendment of the United States Constitution prevents the government from making laws which regulate an establishment of religion, or that would prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

The key word in the Amendment is government.  Alaska Airlines is a private rather than governmental employer.  It can legally establish system regulations or people policies enforcing its behavioral and disciplinary standards providing these policies do not violate state and/or federal law.  

Present federal law protections from discrimination regarding employment decisions are based on race, color, national origin, religion, gender (including pregnancy), disability, age (if the employee is at least 40 years old), and citizenship status.  The Equality Act is also adding protections based on one’s sexual orientation and gender identity.  These protections safeguard people who fit those categories from being discriminated against regarding employment decisions based on that status.  For example, Alaska Airlines couldn’t refuse to hire an otherwise qualified candidate only because s/he is 41 years of age.  

What the law doesn’t allow for is using your protected status as a defense to harass or discriminate against others.  For example, someone over 40 years of age may not harass another person based on their race because they believe themselves to be an “old school thinker” and are basing their actions on beliefs/feelings from when they were younger or when things “were different.”  This becomes an issue of harassment and/or discrimination and the harasser is not protected from discipline because they fall into the protected class of age.  This applies to all protected classes. 

The Alaska Airlines People Policy clarifies what constitutes harassment and discrimination, and the Grievance Committee has seen the Company discipline based upon those policies and the law.  While one may not intend to harass or discriminate, Alaska Airlines typically looks at the impact on the person being harassed and not the intent of the harasser.  So, while everyone is entitled to their private opinion or to share their opinion with their government, one can be disciplined for sharing an opinion deemed harassing, discriminatory or intolerant in the workplace or via social media if such nexus can be made to your private employer.  We share this information in the attempt to educate our fellow members and prevent any further discipline or terminations.

Questions?

Please contact your Local Grievance Committee if you have any questions.

Benefits Enrollment Upon Returning from a Leave of Absence (including EVF or ELOA)

Benefits Committee

As a reminder, Flight Attendants returning from a leave of absence, including EVF or ELOA, must complete the enrollment process again in order to maintain or reinstate company health benefits.  Optional coverages which were not in place during the leave such as FSA contributions or Supplemental Short-Term Disability must be re-added to your coverage.  Previously elected benefits do not resume automatically.  It is essential to contact Alaska Airlines Benefits at (844) 231-3476 or visit www.myalaskabenefits.com within 31 days from the date of returning to work to verify, enroll or make changes to benefits.  If enrollment is not completed during this window, no changes are able to be made until the next open enrollment period and your current health benefits may terminate, even if you maintained coverage during your EVF or other leave. 

Questions?

If you have any questions or need assistance, please contact your Local Benefits Committee.

What’s the Difference Between a Fear and a Phobia?

Employee Assistance Program (EAP)/Professional Standards Committee

Phobias come in many different forms. Acrophobia is the fear of heights. Trypanophobia is the fear of needles. Hodophobia is the fear of traveling.  Phobias are one of the most common mental health disorders with 11% of people experiencing at least one phobia over her/his lifespan.  So, what is the difference between a fear and a phobia? 

Fears have a protective purpose.  They make us alert to danger and prepare us to deal with it.  Phobias involve the experience of persistent fear that is excessive and unreasonable. A fear of being hit by lightning during a thunderstorm will result in most of us leaving the beach when a thunderstorm pops up. Most would call this a reasonable, if not healthy fear.  Once the thunderstorm clears, we go back onto the beach.  Those with a phobia about being struck by lightning, which is called astraphobia, may find it difficult to even venture outside with a concern that a thunderstorm could pop up anytime.   The key to distinguishing a fear from a phobia is whether the person is physically and/or psychologically impaired by her/his worry.  In short, a phobia is a fear of being afraid. It results in a person limiting or eliminating normal life activities just to avoid the triggering objector event.  

Most people generally don’t seek treatment for phobias. Only 6% of people with a phobia ever go in for treatment.  This low treatment rate is due in part because those with a phobia are not totally disabled by it. Many are able to successfully create routines to avoid their trigger(s).  Not before a person’s phobia is extremely severe or life limiting does one typically seek help.

Even though phobias can be very disabling and downright exhausting, the great news is that phobias in children, adolescents and adults are also very treatable. If you’d like confidential assistance with a phobia or other anxiety disorders, call one of your Local EAP Committee Members. You can find contact information on the EAP Committee page of afaalaska.org.

REMINDER: Scholarship Opportunities

AFA International

In a previous AFA Update sent out on January 22, information was shared about scholarship opportunities available to AFA and CWA Members as well as certain eligible dependents.  Details about both scholarships, as well as information on how to apply, can be found by following the links below. 

AFA Scholarship Fund

The Association of Flight Attendants Scholarship Fund is intended to provide financial assistance to dependents of our active members who will be attending a college or university.  The deadline for applications is April 10.  Details are available on the AFA International website at http://www.afacwa.org/scholarships.

CWA Joe Beirne Scholarship

The Joe Beirne Scholarship is offered by CWA. The deadline for applications is April 30.   Details on this scholarship are on the CWA website at http://www.cwa-union.org/pages/beirne.

Hawaiian Flight Attendant Seattle Domicile LOA Session #3 Roadshow Recording

The Seattle Domicile Letter of Agreement (SEA LOA) Presentation offers a comprehensive overview of the agreement with updates to the extended bidding timeline. The Question and Answer Post has also been updated to ensure that the latest information and additional inquiries are addressed.

Pre-Merger Alaska MEC Committee Chairperson Election Results

This message is for pre-merger Alaska Flight Attendants During this week’s MEC Meeting, our MEC held interviews for the position of MEC Reserve Committee Vice Chairperson—New Hire & Probation. We want to thank everyone who expressed interest in the available positions and their willingness to serve. After careful consideration and deliberation, the following candidate has […]

SEA Domicile Negotiations Update – January 2026

The Hawaiian Seattle Domicile Negotiating Committee has reached an agreement with management, confirming the “Rescinding the Award” provision and extending the bid timeline by one week to Monday, January 19 at 2359 HT. As of January 7, a total of 189 Hawaiian Flight Attendants have submitted bids for the new SEA Domicile, primarily from HNL and LAX. Discussions about the moving day process are ongoing, with further updates expected before the revised bid deadline.

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