AFA-CWA Constitution & Bylaws
Article XV – Ethical Practices Code
A. Every AFA-CWA officer and representative, whether elected or appointed, has a high fiduciary duty and sacred trust to serve the best interests of the members honestly and faithfully.
B. No AFA-CWA officer or representative should own or have a personal financial interest which conflicts with the full performance of her/his fiduciary duties. In particular:
1. No AFA-CWA officer or representative shall have any substantial financial interest in any firm which bargains collectively with the AFA-CWA.
2. No AFA-CWA officer or representative shall own or have a substantial financial interest in any firm which does business or seeks to do business with the AFA-CWA.
3. For purposes of these rules a “substantial financial interest” is one which either contributes significantly to the individual’s financial well-being or which enables the individual to affect or influence the course of corporate decision making. A substantial financial interest does not include stock in a purchase plan, profit sharing plan, or ESOP .
4. An AFA-CWA officer or representative shall not be deemed in violation of these prohibitions with respect to any investments which are held in a mutual fund or a blind trust.
5. No AFA-CWA officer or representative shall receive any compensation for serving on a corporate board of directors or similar position in which s/he serves as a representative of AFA-CWA, the flight attendants, or other employees of that airline. This paragraph shall not prohibit reimbursement for reasonable and customary expenses, or acceptance of travel passes, for the purpose of fulfilling the duties of such position.
C. No AFA-CWA officer or representative shall accept any personal payment of any kind from an employer that bargains collectively with the AFA-CWA, or from a business or professional enterprise which does business or seeks to do business with the AFA-CWA, other than regular pay and benefits for work performed. “Personal payment” as used in this paragraph does not include flight pay loss, passes, or similar benefits received pursuant to a collective bargaining agreement or in the normal course of union business.
D. No AFA-CWA officer or representative shall enter into any negotiations and/or agreements with an airline’s management concerning or referring to Flight Attendants without the express knowledge and consent of that airline’s Master Executive Council President or her/his designee.
E. No AFA-CWA officer or representative shall convert any property belonging to, or services purchased by, the AFA-CWA to the individual’s personal advantage.
F. Every AFA-CWA officer or representative shall carry out her/his AFA-CWA office or appointment in a manner that gives full recognition, in connection with affairs of the AFA- CWA, to the right of union members to assemble freely, attend AFA-CWA meetings, express views, arguments and opinions, nominate candidates for AFA-CWA office, run for AFA-CWA office, and vote in AFA-CWA elections, except to the extent such rights are limited by provisions in the Constitution and Bylaws of the AFA-CWA. No AFA-CWA officer or representative shall penalize, discipline, or otherwise interfere with, or retaliate against any union member for exercising such a right in connection with the affairs of the AFA-CWA.
G. No person who is convicted of any felony involving the infliction of grievous bodily injury, any crime of dishonesty, or any crime involving abuse or misuse of such person’s position or employment in a labor organization or an employee benefit fund shall serve as an AFA-CWA officer or representative.
H. This Code shall be enforced by the following process:
1. The International President of the AFA-CWA shall appoint a standing Ethical Practices Committee consisting of three (3) regular members and one (1) alternate member from the AFA-CWA Executive Board and one elected AFA-CWA International Officer who shall serve as Chairperson of the Committee. The term of office for the members and alternates shall be for two (2) years commencing the January 1 following their appointment, until reappointed, or until their successors have been appointed.
2. Charges of violations of this Code along with substantiating documentation, shall be referred by a member(s) of AFA-CWA to the Ethical Practices Committee for review and recommended disposition.
3. The Ethical Practices Committee shall have the authority to investigate and, where it finds reasonable cause to believe that a violation of the Code may have occurred, to bring the matter to an appropriate hearing before the AFA-CWA Hearing Board, if the matter is not otherwise resolved.
4. All charges and investigations shall be kept confidential unless and until the Ethical Practices Committee finds reasonable cause to bring the matter to a hearing. The Committee shall adopt reasonable measures to ensure that confidentiality is maintained, including enforceable sanctions for breach of confidentiality. Confidentiality applies throughout the process not only to the Ethical Practices Committee, but to all individuals involved.
5. Fundamental due process shall be afforded to the individual charged in connection with any such hearing.
6. Following completion of the hearing, the Hearing Board shall issue a written decision containing its findings and recommendations to the AFA-CWA International President and Executive Board.
7. Where a violation is found, the recommendations shall include an appropriate recommended penalty up to and including removal from service as an AFA-CWA officer, representative, and/or employee.
8. Notwithstanding the provisions of Article X. of the AFA-CWA Constitution, the Executive Board shall have the final decision in the matter and shall permit the individual charged a reasonable opportunity, upon request, to present his or her position to the Board prior to rendering a final decision. No appeal may be taken to the AFA- CWA Appeal Board.
9. There shall be no retaliation against any AFA-CWA officer, representative or member for filing a charge alleging a violation of this Code.
