AFA Alaska Settlement Agreement 36-99-2-45-17 “Violation of §10.S Pre-Cancellations and Schedule Changes”
After several years of periodic settlement discussions, AFA and management have settled Grievance No. 36-99-2-45-17 “Violation of §10.S Precancellation and Schedule Changes.” This settlement agreement becomes effective Tuesday, June 1, 2021, at 12:01 AM Pacific Time.
AFA filed Grievance No. 36-99-2-45-17 “Violation of §10.S Pre-Cancellation and Schedule Changes” back in June 2017 regarding retimes of between 15 and 21 minutes that were pushed to schedules in advance of the day of departure (prior to the first day) of a sequence. (Read the July 2017 Grievance Report for more details.) Management sustained the grievance (meaning they agreed the contract was violated) shortly thereafter in July 2017. However, AFA disagreed with management’s remedy (i.e., the “fix”) for the violation, and the parties have been in negotiations over the remedy since then.
We were somewhat close to achieving a mutually agreeable solution when the pandemic began, which delayed our progress. However, the pandemic did provide an opportunity to test drive a proposed remedy to the dispute starting on April 18, 2020, via the temporary COVID-19 Schedule Changes Letter of Agreement (LOA), which was extended through June 30, 2020. Please note that most but not all aspects of that temporary LOA were incorporated into this grievance settlement agreement.
This settlement agreement requires that all pre-cancellations, retimes, flight routing changes, and aircraft downgrades (i.e., from a four-position aircraft to a three-position aircraft) that occur in advance of the day of departure of a sequence will be handled under JCBA §10.S [Pre-Cancellations]. This will apply to Lineholders and to Reserves who pick up on days off. The language in §10.S Pre-Cancellations remains the same but will be interpreted to encompass the agreed-to definitive parameters around retimes, flight routing changes and aircraft downgrades.
The settlement makes it very clean in defining when the provisions of §10.S Pre-cancellations are used. Essentially any schedule change that occurs for Lineholders (and for Reserves who pick up on days off) prior to the first day of a sequence, except for a simple flight numbering change, will now always be handled as a pre-cancellation under §10.S. A simple flight numbering change in the absence of a retime or a flight routing change may occur at any time and does not trigger the contractual provisions of §10.S.
Summary of §10.S Pre-Cancellations
Note: The following is a summary of pre-cancellation provisions under §10.S. Please refer to the contract for a comprehensive description.
Alternate Assignment Offered During Initial Contact (§10.S.2)
If there is a schedule adjustment involving a pre-cancellation, retime or flight number change on the day(s) prior to the first day of a sequence, then Crew Scheduling will make initial contact and may offer an alternate assignment made up of one or more sequences with a check-in up to two hours prior to scheduled check-in and/or with a release up to two hours later than scheduled release. The two options are to (1) accept the alternate assignment (§10.S.2.a) or (2) to decline the alternate assignment and waive pay protection (§10.S.2.b). If Crew Scheduling does not have an alternate assignment available that meets the required criteria of falling within the scheduled footprint plus two hours on either side (before or after) when they first make contact with the Flight Attendant, then the Flight Attendant can opt to call Crew Scheduling between 6 PM and 8 PM local domicile time the evening prior to the sequence (§10.S.2.c).
No Alternate Assignment Offered During Initial Contact (§10.S.3)
If Crew Scheduling does not offer an alternate assignment when they make initial contact with the Flight Attendant, then the Flight Attendant can either (1) waive pay protection and be relieved of further obligation (10.S.3.a), or (2) they can opt to call Crew Scheduling between 6 PM and 8 PM local domicile time the evening prior to the sequence (§10.S.3.b).
Calling Back Between 6 PM and 8 PM the Evening Prior (§10.S.2.c and §10.S.3.b) or no Later Than Release Time if on Duty (§10.S.7)
When the Flight Attendant calls back between 6 PM and 8 PM local domicile time the evening prior to the sequence, either (1) an alternate assignment that operates within the exact footprint of the original sequence must be available (§10.S.2.c.1 or §10.S.3.b.1) or (2) the Flight Attendant is pay protected (§10.S.2.c.2 or §10.S.3.b.2). A Flight Attendant must call back no later than release time if on duty during those hours (§10.S.7).
Reassignments (§10.R) – Same Day and/or Sequence in Progress Schedule Changes
Same day and/or sequence in progress schedule changes are covered under §10.R Reassignments. Please note AFA and management have on multiple occasions confirmed their mutual understanding that Flight Attendants will neither be required nor offered to report earlier than scheduled for the first duty period of a sequence under §10.R Reassignments. The parties continue to work their way through several contractual disputes related to reassignments that are currently active, and AFA will keep you updated on any developments.
If you have any questions or need clarification, please contact your LEC president for assistance.