The Master Executive Council (MEC) has been very hard at work ensuring disciplinary due process and contractual compliance on your behalf.  The ratified Joint CBA increased our arbitration dates from the previous 10 to 13 dates yearly to argue discipline/termination cases and contractual issues.  AFA typically prioritizes termination cases in order 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. The following is a list of open contractual grievances. 

Subject of Most Recent Discipline

• Sick leave abuse (there has been a noted increase in terminations due to travel audits and comments associated with posted trips)
• Drug/alcohol violations
• Social media violations (recent increase in terminations due to initiating contact with passengers based on information obtained from Block2Block) 
• Lost IMD or other required items
• Theft
• Harassment
• Cell phone usage on duty

Recent and Upcoming Arbitration/Mediation

Arbitration	April 4, 2019	Disciplinary Grievance
Arbitration	April 24, 2019	Disciplinary Grievance
Arbitration	May 16, 2019	Disciplinary Grievance
Arbitration	June 18, 2019	Contractual Grievance #36-99-63-17 (Withholding Sequences From Open Time)
Arbitration	July 17, 2019	Disciplinary Grievance

Recently Settled Grievances/Mediations

Grievance No.:  36-99-2-3-17-Violation §30.A.3.c. Failure to Pay for Lodging for Recurrent Training. This grievance alleges the Company’s violation of Collective Bargaining Agreement Section 30.A.3.c. [Reserve/Reserve Exchange of Days, Pick-Ups and Trades], past practice and all related sections of the Collective Bargaining Agreement when it failed to pay for a Flight Attendant’s lodging when she came to Seattle to attend required Recurrent Training.

Details:  Management paid FA a portion of her hotel room bill.

Grievances 36-99-2-137-17, 36-99-2-205-17, 36-99-2-104-18, 36-99-2-133-18, 36-99-2-351-18 & 36-99-2-22-19 (Computer Based Training Contractual Grievances) and 36-99-2-4-19 (Missing Required Items Grievances).

Details:  Management will ensure all CBT can be taken on a computer as well as IMD; make best effort to give FAs 60 days to complete; and make CBT due on the last day of the quarter as best practice, though it won’t be required to do so.  If FA doesn’t complete CBT by due date or reports to work without a required item:  FA will receive an email from management with AFA included, notifying of discipline and asking FA to respond with an explanation no later than 7 days from the date of the email.  Management will issue all oral warnings or written warnings by 5:00pm PST on the day of deadline via email and certified mail.  If the disciplinary action is a suspension or termination an in- person meeting will occur.

Grievances Filed and Awaiting a Response from Management

None

Grievances Recently Granted by Management

None

Grievances Previously Filed, Denied by Management and Currently Awaiting Arbitration Dates

Grievance No.:  36-99-2-22-14-Violation of Required Maternity Leave.  This grievance alleges the Company’s violation of Section 15.D. and all related sections of the Collective Bargaining Agreement when it failed to require Flight Attendants to begin Maternity Leave after the 28^thweek of pregnancy.  

Grievance No.:  36-99-2-41-15- Section 34.C.3. Alternative Hotel Selection/Site Visit.  This grievance alleges the Company’s violation of Section 34.C.3. and all related sections of the Collective Bargaining Agreement when it failed to include the hotel committee in the selection of alternate hotels; and when it failed to provide site visits on alternate hotels.  

Grievance No.:  36-99-2-5-16- Non-Negotiated Compensation.  This grievance alleges the Company’s violation of Collective Bargaining Agreement Section 21 [Compensation] and Section 32 [Attendance Policy], past practice and all related sections of the Collective Bargaining Agreement and the Railway Labor Act when it awarded, without prior consistent notice, policy and application, $5 gift cards to all Anchorage based Flight Attendants for meeting the daily attendance goal.

Grievance No.:  36-99-2-1-17- Violation of §32.C.5. Assessing Short Sick Call Points to Flight Attendant on FMLA.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §32.C.5 [Attendance Policy:  Short Sick Call], past practice, all related sections of the Collective Bargaining Agreement and Federal Law when it assessed short sick call points (2 ½) to Flight Attendants on qualified Family Medical Leave Act (FMLA) status when they called in sick within two hours of scheduled check-in. 

Grievance No.:  36-99-2-52-17-Violation of §§11.H.3.b & 11.H.4 JCTE Denying Unlimited Trading of Reserve Days Due to Classification as a Reserve Block Split.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §§11.H.3.b & 11.H.4 [Reserve:  Reserve Exchange of Days, Pick-Ups and Trades/Reserve Day/Blocks], past practice and all related sections of the Collective Bargaining Agreement when its Jeppesen Crew Access (JCA) trading system denied unlimited trading of reserve days pursuant to §11.H.4 due to JCA incorrectly classifying such trade as a reserve block split pursuant to §11.H.3.b. 

Grievance No.:  36-99-2-54-17-Violation of §23.A.1 Flight Attendants Incurring a 3% Fee for Online Payments to COBRA Management Services.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §23.A.1 [Insurance Benefits:  Flight Attendant Insurance Plans], past practice and all related sections of the Collective Bargaining Agreement when for the convenience of the Company it used a third-party vendor to administer collection of healthcare premiums for Flight Attendants on leaves of absence; and the Company allowed their third-party vendor to charge the Flight Attendants a 3% fee for online payments to COBRA Management Services (CMS). 

Grievance No.:  36-99-2-55-17-Violation of §21.V Winds Aloft Adjustment of Sit Pay in JCTE.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §21.V [Compensation:  “Scheduled” or “Actual” For Minimum Pay Rules (MPRs) and/or Sit Pay], past practice and all related sections of the Collective Bargaining Agreement when its Jeppesen Crew Access (JCA) trading system displayed each posted trip as a static ‘snapshot’ taken at the time of posting rather than a ‘live’ view, thus denying the Flight Attendant the ability to determine whether a trip is eligible for 1.0 TFP of Sit Pay due to an automated scheduling adjustment (e.g. by the Winds Aloft program).

Grievance No.:  36-99-2-56-17-Violation of §15.C.4 Medical Leave of Absence.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §15.C.4 [Leaves of Absence:  Medical Leave of Absence], past practice and all related sections of the Collective Bargaining Agreement when in December 2016 it denied [a Flight Attendant’s] medical leave of absence (MLOA) because she did not also qualify for FMLA and because the MLOA was less than 10 days in duration.  

Grievance No.:  36-99-63-17 Violation of §11.C.3.c & §12.E.1.c-d Withholding Sequences From Open Time. This grievance alleges the Company’s violation of Collective Bargaining Agreement §11.C.3.c [Reserve: Classifications of Reserves/number of Extended Days (ER) and Conversion to ER/ER Conversion Contactability] & §12.E.1.c-d [Exchange of Sequences:  Open Time], past practice and all related sections of the Collective Bargaining Agreement when it removed pairings from Open Time and placed them on Reserve Flight Attendants’ lines for more than 15 minutes, outside of the time period 2pm-6pm, and hid the pairings from view on the Reserves’ schedules until the Reserves became available for contact or Extended Reserve (ER) conversion.    

Grievance No.:  36-99-2-64-17 Violation of §27.P.1.f-h Company Business Flight Pay Loss.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §27.P.1.f-h [General-Association:  Company Business Flight Pay Loss (CB)/Company Meetings], past practice and all related sections of the Collective Bargaining Agreement when it requested Flight Attendants attend an Inflight Announcement Focus Group on or about August 7, 2017, without compensating for company meeting pay nor the five percent (5%) override and “A” pay, and without regard to contractual duty day applications; alternatively it provided non-negotiated compensation.   

Grievance No.:  36-99-2-159-17-Violation of §12.A & §12.E Withholding Trips from Open Time and Suspended all Trading due JCTE Issues.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §12.A & E [Exchange of Sequences:  Unlimited Trading/Open Time], past practice and all related sections of the Collective Bargaining Agreement when on or about September 30, 2017, to October 1, 2017, for approximately 8 hours, it either withheld all trips in open time or suspended all trading due to an issue with its Jeppesen Crew Tracking system.

Grievance No.:  36-99-2-116-18-Violation of §10.J.4 Bidding Timelines.  This grievance alleges the Company’s violation of Section 10.J.4 [Scheduling:  Bid Packets and Bidding Timelines], past practice, and all related sections of the Collective Bargaining Agreement when on or about March 13, 2018, management re-opened its Preferential Bidding System (PBS), NavBlue, for a full bid re-award for April 2018 because it was not programmed to match the bid “duty on” preference on the new web application user interface.  However, due to system limitations the re-award required the PBS to reopen which allowed access for Flight Attendants to submit new bids after the contractual bid submission deadline.   

Grievance No.:  36-99-2-303-18-Violation of Airbus Transition Training Letter of Agreement CBT Pay.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §30.C.4 [Training:  Training Pay/Computer Based Training (CBT)], Airbus Transition Training Letter of Agreement (2.8.18), principles of just cause and due process, past practice and all related sections of the Collective Bargaining Agreement when its Transition Training CBT was allocated for four (4) hours, however based on initial feedback, the Association believes it likely takes longer than four (4) hours to complete, and therefore Flight Attendants will need to be paid accordingly.

Grievance No.:  36-99-2-321-18-Violation of §§21, 24, 30 & 34 Hotel at Domicile for Transition Training.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §21 [Compensation], §24 [General and Miscellaneous], §30 [Training] and §34 [Hotels], past practice and all related sections of the Collective Bargaining Agreement when some Flight Attendants requested and were provided hotel rooms at base for Transition Training while others who requested a room were not provided one.   

Grievance No.:  36-99-2-361-18-Violation of §24.A Jury Duty and Trip Trading.  This grievance alleges the Company’s violation of Collective Bargaining Agreement §24.A [General and Miscellaneous:  Jury Duty], past practice and all related sections of the Collective Bargaining Agreement when on several occasions management argued it did not have to pay the TFP actually scheduled on Flight Attendants’ lines when they were scheduled for jury duty.  These Flight Attendant subsequently traded their trip for another trip on the same days, and the trip ultimately dropped from the Flight Attendants’ schedules due to the Flight Attendant performing jury duty service.  

Grievance No.:  36-99-2-7-19-Violation of VX Grievance Procedure and SBA LOA Failure to Conduct a Full Investigation with Union Representation, Contractual Pay Provisions for Failing to Provide Doctor’s Notes.  This grievance alleges the Company’s violation of VX Grievance Procedure and System Board of Adjustment LOA, and all related sections of the Joint Collective Bargaining Agreement when beginning approximately January 2019 it issued progressive discipline to Flight Attendants for failing to provide doctor’s notes without conducting an investigation, providing Union Representation or honoring related contractual pay provisions.    

Grievance No.:  36-99-2-30-19-Violation of §28.G.2 Ground Commuting Policy.  This alleges the Company’s violation of Collective Bargaining Agreement §28.G.2 [Domiciles:  Commuter Policy/Ground Commuting Policy], past practice and all related sections of the Collective Bargaining Agreement when during the February 2019 Pacific Northwest snowstorms, it did not allow Flight Attendants to use the ground commuter policy because the Company did not consider a snowstorm-related ground commuting failure to be unanticipated.  

Grievance No.:  36-99-2-40-19-Violation §25.B Failure to Provide a Safe and Healthy Workplace. This alleges the Company’s violation of Collective Bargaining Agreement §25.B [Air Safety, Health and Security:  Safe and Healthy Workplace], past practice and all related sections of the Collective Bargaining Agreement when it failed to provide a safe and healthy workplace when it installed new bulkheads on the retrofitted Airbus (“Aura”) aircraft that effectively renders the aft assist handles near doors L1/R1 as unusable and unnecessarily increases the likelihood and potential severity of Flight Attendant injury during an emergency evacuation.

Grievance No.:  36-99-2-41-19-Violation of §25.D.2 Failing to Notify MEC President and ASHSC of Reconfiguration or Re-design Prior to Final Decision.This grievance alleges the Company’s violation of Collective Bargaining Agreement §25.D.2 [Air Safety, Health and Security:  Safety Information], past practice and all related sections of the Collective Bargaining Agreement when it failed to notify the MEC President of a decision to reconfigure or re-design the interior of the Airbus aircraft and when it failed to discuss with the ASHSC the parties’ interests and concerns for inflight safety prior to making a final decision on the reconfiguration/re-design. 

In Solidarity,
Your MEC – Jeffrey Peterson, Brian Palmer, Linda Christou, Lisa Pinkston, Terry Taylor, Mario de’Medici, Melissa Osborne, Tim Green, Brice McGee; MEC Grievance Committee Chairperson Stephanie Adams and MEC Grievance Committee Assistant Bianca Dew