AFA Alaska

Association of Flight Attendants-CWA Alaska Airlines Master Executive Council

Click here to report an issue to AFA
Menu
  • Local Councils
    • Anchorage (Council 30)
      • Officers
      • Committees
    • Los Angeles (Council 18)
      • Officers
      • Committees
    • Portland (Council 39)
      • Officers
      • Committees
    • San Diego (Council 15)
      • Officers
      • Committees
    • Seattle (Council 19)
      • Officers
      • Committees
    • San Francisco (Council 35)
      • Officers
      • Committees

    • More About Local Councils >>
    Close
  • Master Executive Council
    • Officers
    • Close
  • Committees
      • Air Safety, Health, & Security (ASHSC)
        • Air Quality
      • Benefits
      • Communications
      • Employee Assistance Program & Professional Standards
      • Government Affairs
      • Grievance
      • Hotel
      • Human Rights
      • Inflight Service
      • Inflight Training
      • Membership
      • Mobilization
      • Reserve
      • Retirement
      • Scheduling
        • Pairing Construction
        • Preferential Bidding System (PBS)
      • Uniform

    • More About Committees >>
    Close
  • Contract
      • Contract Home
        • Current Contract
        • Ask Contract Questions
      • Contract Resources
        • Read Contract Q&A
        • Explanatory Videos
      • Contract Negotiations
    • Close
  • Resources
      • Issues & Campaigns
      • Newsroom
        • AFA Alaska News Now
        • Message from the MEC President
      • Event Calendar
      • Membership Services
      • New Members
      • About
      • Links
      Close
    • Negotiations
    • Contact Us
    You are here: Home / Latest News / MEC Grievance Update June 7, 2013: Washington Family Care Act (WFCA) Ruling

    MEC Grievance Update June 7, 2013: Washington Family Care Act (WFCA) Ruling

    June 7, 2013 16:45

    June 7, 2013

    Dear Flight Attendants,

    Another win for AFA and all Washington-based Flight Attendants! 

    On Friday, May 31, 2013, Judge Robart of the United States District Court for the Western District of Washington, ruled that the Railway Labor Act (RLA) did not preempt the Washington Family Care Act (WFCA) in Alaska Airlines v. Schurke, Case No. C11-0616JLR, Document 101. This is a very big deal with national ramifications. So how did we get here?

    Let’s start at the beginning.  Around the time that the former vice president of Inflight Services implemented her Sick Leave Improvement Plan, management also began cracking down on perceived abuses of our right to use our paid leave to care for sick family members.  They were assessing Emergency Drops (EDs)  if a Flight Attendant didn’t have enough sick leave to cover the absence. A number of Flight Attendants then filed charges with the Washington Department of Labor and Industries (L&I), alleging that Alaska had violated their rights under the Washington Family Care Act.  These cases were all settled.

    Meanwhile, Alaska Airlines management filed a federal lawsuit asserting that the RLA preempted the WFCA and therefore L&I could not enforce the Washington Family Care Act against the Company.  The court dismissed the case because there was no Flight Attendant who had actually been harmed by Alaska’s failure to follow the WFCA. Shortly thereafter Flight Attendant (and AFA Council 19 SEA President) Laura Masserant called in sick child for a trip.  She did not have enough sick leave to cover the sequence, so she asked to use her accrued vacation time.  Management refused, saying that bid vacation could not be used.  Laura filed with L&I, who ruled in her favor.

    Alaska Airlines management then did two things—it appealed the L&I order, and it re-filed the federal suit.  Management and L&I agreed to dismiss the appeal and concentrate on the lawsuit.  It was understood that the appeal would be reinstated if Alaska Airlines lost the case.

    This all happened late last fall.  AFA grew increasingly concerned that our voice wasn’t being heard in the lawsuit.  L&I was on our side, but as a government agency has its own interests which might not always be identical to ours.  We were also concerned about the parties settling, which would stick us with whatever outcome they reached.

    AFA International allocated significant financial resources to this case, allowing us to hire a legal expert in these matters: Seattle attorney Kathy Barnard.  She filed a motion to intervene (meaning to enter into a suit as a third party for one’s own interests) in the federal court case, which the judge granted.  Consequently, AFA officially became a party to the lawsuit with the right to file any necessary motions and be involved in any settlement talks.

    Earlier this year, the parties filed cross-motions for summary judgment.  The court granted AFA and L&I’s motions and denied Alaska’s motion.  That is, we won the case without having to go to trial!

    Two things can happen now:  Alaska Airlines management can appeal the judge’s ruling to the 9th Circuit Court of Appeals or it can forego that option and reinstate the appeal before L&I.  AFA is hoping that management gives up the fight against our rights under Washington law.  However, AFA would retain our intervenor status in a federal appeal and we would ask for such status in an appeal before L&I.

    So what does this all mean?  It means that Washington-based Flight Attendants continue to have the right to file charges with L&I if Alaska Airlines management violates their rights under the WFCA. Additionally, the federal court agreed with AFA and L&I that our WFCA rights exist separate from the collective bargaining agreement. It means that Alaska Airlines management must adhere to state law. Finally, it means that all of us stood up to Alaska Airlines management and its contracted legal help and kept our rights.

    Many thanks to AFA International and to Kathy Barnard and her team for their support. Congratulations to us all!

    In solidarity,

    Your MEC – Jeffrey Peterson, Terry Taylor, Yvette Gesch, Melanie Buker, Laura Masserant, Cathy Gwynn and Sandra Morrow

    MEC Grievance Chair Jennifer Wise MacColl and AFA Senior Staff Attorney Kimberley Chaput

    “Five Bases, One Voice”

    www.alaskamec.org

    References:

    Alaska Airlines v. Schurke, Case No. C11-0616JLR, Document 101

    Print Friendly, PDF & Email

    Filed Under: Latest News

    Need Help?

    Have an issue or concern to report to AFA?  Click here to access the AFA Alaska online support center.

    Connect with Us on Facebook

    Connect with Us on Facebook

    Follow Us on Twitter

    Tweets by AFAAlaska

    Instagram

    February 1st marks the first day of Black History Month in the United States. This tradition dates back to 1925 when Harvard trained-historian Carter G. Woodson first introduced a week-long event to build awareness of the contributions made by Black individuals. Read more about Black History Month, learn about the accomplishments of Black Americans, and find out about events that you can take part in using the resource links below. Join the celebration by wearing your Black History Month AFA Pin during the month of February. If you need a pin, check with your Local Council for more information.
    Twenty-three years ago today, we tragically lost Alaska Airlines Flight 261, flying between Puerto Vallarta and San Francisco, when it went down in the Pacific Ocean between Port Hueneme and Anacapa Island off the coast of Southern California.
    The first set of observations under the Line Operations Safety Audit (LOSA) program begin today (January 27) and will continue through February 28. Similar to the Aviation Safety Action Program (ASAP), participation in LOSA is entirely voluntary and identifying information such as Flight Attendant names, dates, and flight numbers are never associated with observation data. If you have any questions about the LOSA program, please don’t hesitate to contact the AFA members of the LOSA Steering Committee.
    Read details from our Negotiating Committee about Session 8 of contract negotiations, including a tentative agreement on Hotels and updates on current progress.
    AFA and management recently agreed to a defined process for when a debrief meeting with management needs to be conducted following an operational safety event. The agreement ensures protections for Flight Attendants while guaranteeing pay, duty day limitations, and AFA representation. Details can be found in the Operational Safety Debriefs Letter of Agreement (LOA).
    Our AFA Scheduling Committee Chairpersons met on Tuesday, January 24 to discuss their ongoing program of work to represent Flight Attendants interests related to lineholder scheduling. The Committee also met with management to receive updates and discuss issues and problems that Flight Attendants are experiencing with scheduling, pairings, and bidding. Your Local Scheduling Committee is available to answer questions, provide clarification, or help to resolve any lineholder scheduling-related issues. Please don’t hesitate to reach out!

    Latest News

    • Celebrating Black History Month
    • Never Forget: Honoring Alaska Airlines Flight 261—January 31, 2000
    • LOSA Observations Are Underway
    • AFA Alaska News in Review – January 27, 2023
    • Operational Safety Debriefs
    • Scheduling Committee Meeting Recap – January 2023
    • AFA Alaska News in Review – January 20, 2023
    • AFA Disaster Relief Fund – California Severe Storms
    • AFA Alaska News in Review – January 13, 2023
    • January 2023 MEC Meeting Recap

    Celebrating Black History Month

    February 1, 2023 Leave a Comment

    Human Rights Committee February 1st marks the first day of Black History Month in the United States.  The celebration has a long tradition that can be traced back to 1925 when Harvard trained-historian Carter G. Woodson introduced “Negro History Week”, which sought to raise awareness of the contributions made by Black individuals to society and the […]

    Never Forget: Honoring Alaska Airlines Flight 261—January 31, 2000

    January 31, 2023 Leave a Comment

    Master Executive Council (MEC) Twenty-three years ago today, we tragically lost Alaska Airlines Flight 261, flying between Puerto Vallarta and San Francisco, when it went down in the Pacific Ocean between Port Hueneme and Anacapa Island off the coast of Southern California. We will never forget Flight Attendants Kristin Mills, Craig Pulanco and Allison Shanks; […]

    LOSA Observations Are Underway

    January 27, 2023 Leave a Comment

    Air Safety, Health, & Security Committee (ASHSC) As previously communicated, AFA and management agreed to conduct a Line Operations Safety Audit (LOSA) to help improve safety for Flight Attendants, other crewmembers, and passengers.  The LOSA program is jointly administered by AFA and management as outlined in the Inflight Line Operations Safety Audit (LOSA) Program letter of agreement. The […]

    Operational Safety Debriefs

    January 26, 2023

    Master Executive Council (MEC) In 2019, AFA filed grievance number 36-99-2-170-19, which alleged management’s violation of section 19.A of the collective bargaining agreement. The violation was related to an incident where management conducted a debrief meeting with Flight Attendants while they were still on duty following a slide deployment incident. As there was no contractual […]

    Scheduling Committee Meeting Recap – January 2023

    January 25, 2023

    Scheduling Committee On Tuesday, January 24, our AFA Scheduling Committee Chairpersons met to discuss their ongoing work to represent our Flight Attendants and push for improvements in our workplace. Representing you at the meeting were Heather Reier (ANC), Rita Tillou (SEA), Melodie Anderes (PDX), Jaqui Bellenie (SFO), Natalie Codd (LAX), and Kitty Cohen (SAN). Also […]

    Response to the November 18th Inflight Town Hall Webcast

    November 18, 2022 By Jeffrey Peterson (MEC President)

    California meal & rest breaks Management’s continued scare tactics and speculative “what-if’s” as put forward during the Inflight Town Hall webcast today regarding California meal & rest breaks are unnecessary and extremely disappointing. Although it is true there are some challenging aspects of compliance with California meal & rest break laws for commercial aviation, AFA […]

    ALPA Alaska Approves Tentative Agreement for Pilot Ratification

    September 23, 2022 By Jeffrey Peterson (MEC President)

    Master Executive Council (MEC) President Jeffrey Peterson The Air Line Pilots Association (ALPA) Alaska Airlines leadership recently announced they approved a tentative agreement (TA) with Alaska Airlines management for pilot ratification. Click here for the Alaska Airlines Pilots TA Quick Guide (September 2022) > At a quick glance, the TA contains impressive improvements to scope, […]

    Masks Are No Longer Required in Airports or Onboard

    April 18, 2022 By Jeffrey Peterson (MEC President)

    The CDC and TSA report the federal mask mandate is no longer in effect after today’s court ruling. Additionally, Alaska Airlines management just announced via multiple channels that the mask mandate is lifted effective immediately on all aircraft.

    RSS Negotiations News

    • Negotiation Session 8
    • Negotiation Session 7
    • What commuter improvements can we expect?
    • The commitment from management on industry leading pay is great news! However, pay rates are only part of the picture – are we sacrificing work rules and benefits for leading pay rates?
    • Can you clarify the pay components included in our Opening Proposal (Ground, Flight, Delay, Stranded)?
    • Negotiation Session 6
    • Negotiation Session 5
    • Can you clarify insurance premiums in the Insurance Benefits tentative agreement?
    • Why isn’t the Negotiating Committee publishing tentative agreements of each section?
    • Management has lawyers at the negotiating table – why don’t we?

    Recent Posts

    • Celebrating Black History Month
    • Never Forget: Honoring Alaska Airlines Flight 261—January 31, 2000
    • LOSA Observations Are Underway
    • AFA Alaska News in Review – January 27, 2023
    • Operational Safety Debriefs
    • Scheduling Committee Meeting Recap – January 2023
    • AFA Alaska News in Review – January 20, 2023
    • AFA Disaster Relief Fund – California Severe Storms
    • AFA Alaska News in Review – January 13, 2023
    • January 2023 MEC Meeting Recap

    Local Councils

    • Anchorage
    • Los Angeles
    • Portland
    • San Diego
    • San Francisco
    • Seattle

    Master Executive Council

    • MEC

    Negotiations

    • Contract 2022 Home
    • Negotiating Committee
    • Negotiations Feedback
    • Negotiations News
    • Negotiations Process

    Contract

    • Contract Home

    Committees

    • Air Safety, Health, & Security
    • Benefits
    • Communications
    • EAP/Professional Standards
    • Government Affairs
    • Grievance
    • Hotel
    • Human Rights
    • Inflight Service
    • Mobilization
    • Reserve
    • Retirement
    • Scheduling
    • Uniform

    News By Month

    News By Category

    AFA Alaska News Now Air Quality Air Safety, Health, & Security Committee (ASHSC) Alternative Dispute Resolution (ADR) AS/VX Merger Benefits Committee Committees Communications Committee Contract Contract 2014 Negotiations Blog Council 15 SAN Council 18 LAX Council 19 SEA Council 30 ANC Council 35 SFO Council 39 PDX EAP/Professional Standards Committee Extension 2021 Blog Featured Government Affairs Committee Grievance Committee Hotel Committee Human Rights Committee Industry News Inflight Service Committee Inflight Training Committee JNC Blog Latest News Local Councils Master Executive Council (MEC) Message from the MEC President Mobilization Committee Negotiations Pairing Construction Preferential Bidding System (PBS) Press Releases Reserve Committee Retirement Committee Scheduling Committee Uniform Committee
    • Email
    • Facebook
    • Instagram
    • RSS
    • Twitter
    • YouTube

    Want To Stay In The Loop?

    The best way to stay connected with up-to-date AFA Alaska news and information is through a subscription to AFA Alaska emails!  Click the button below to sign up.  Already a subscriber?  You can make changes to your email by clicking below!
    Sign Up

    Connect With AFA

    • Contact Us
    • Online Support Center
    • AFA International
    • CWA
    • AFA Alaska Social Media Guidelines
    • AFA-CWA Mutual Respect Policy

    Copyright © 2013-2023 Alaska Airlines Master Executive Council, Association of Flight Attendants-CWA, AFL-CIO