AFA Alaska + Hawaiian

Representing the Flight Attendants of Alaska + Hawaiian

Click here to report an issue to AFA
Menu
  • Local Councils
    • Anchorage (Council 30)
      • Officers
      • Committees
    • Honolulu (Council 43)
      • Officers
      • Committees
    • Los Angeles (Council 18 pmAS)
      • Officers
      • Committees
      • Los Angeles/Seattle (Council 47 pmHA)
        • Officers
      • Portland (Council 39)
        • Officers
        • Committees
      • San Diego (Council 15)
        • Officers
        • Committees
        • Seattle (Council 19 pmAS)
          • 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 & Equity
          • Inflight Service
          • Inflight Training
          • Membership
          • Membership Engagement
          • Reserve
          • Retirement
          • Scheduling
            • Pairing Construction
            • Preferential Bidding System (PBS)
          • Uniform

        • More About Committees >>
        Close
      • Contract
          • Contract Home
            • 2025 Alaska Contract
            • 2025 Hawaiian Contract Extension
            • Ask Contract Questions
          • Contract Resources
          • Alaska Contract Negotiations (2022-2025)
        • Close
      • Resources
          • What To Do If You Encounter Contaminated Cabin Air
          • Issues & Campaigns
          • Newsroom
            • AFA News Now
          • Event Calendar
          • Membership Services
          • New Members
          • About
          • Links
          Close
        • Merger
          • Joint Negotiating Committee
          • Close
        • 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

        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.

        Latest News

        • Crew Meal Survey Closing Soon
        • AFA News in Review – May 22, 2026
        • When the Unexpected Happens in the Skies: How the Critical Incident Response Program (CIRP) Supports You
        • Council 43 (HNL) LEC Officer Election Results
        • Council 39 (PDX) LEC Officer Election Results
        • Hotel Committee Meeting Recap – May 2026
        • AFA Alaska + Hawaiian MEC Town Hall: Join Us Monday, June 8
        • AFA News in Review – May 15, 2026
        • Boeing 787 Seattle International Service Observation Period Update – May 2026
        • Council 19 (SEA pmAS) LEC Officer Election Results

        Crew Meal Survey Closing Soon

        May 25, 2026

        This message is for both pre-merger Alaska and Hawaiian Flight Attendants Our Joint Negotiating Committee (JNC) is committed to prioritizing your nutrition during the work day through our crew meal provisions. We are eager to hear your thoughts on which elements of crew meals are most meaningful to you, as we continue to advocate for […]

        When the Unexpected Happens in the Skies: How the Critical Incident Response Program (CIRP) Supports You

        May 19, 2026

        Navigating the challenges of our profession means looking out for one another, especially when things get tough. That’s where the Critical Incident Response Program (CIRP) steps in to ensure you never have to face a difficult day alone. What is CIRP, and How Does It Support You? CIRP through AFA EAP is designed specifically for […]

        Council 43 (HNL) LEC Officer Election Results

        May 19, 2026

        Polls closed at 12 PM PT today for the election of Council 43 LEC Officers, representing Hawaiian Airlines Flight Attendants based in Honolulu. The following AFA Flight Attendants have been elected to Local Council Officer positions: LEC President: Kela Chong IVLEC Vice President: Martin GusmanLEC Secretary: Soon Kim View the certified election results here >> These newly elected […]

        Council 39 (PDX) LEC Officer Election Results

        May 19, 2026

        Polls closed at 11 AM PT today for the election of Council 39 LEC Officers, representing Alaska Airlines Flight Attendants based in Portland. The following AFA Flight Attendants have been elected to Local Council Officer positions: LEC President: Krystle Shae BerryLEC Vice President: Melodie AnderesLEC Secretary: Kevin Sharp View the certified election results here >> These newly elected […]

        Hotel Committee Meeting Recap – May 2026

        May 18, 2026

        On Monday, May 11, our AFA Local Hotel Committee Chairpersons met virtually to receive an update about current layover hotels and transportation providers and discuss concerns with management. Representing you at the meeting were Dori Marron (ANC), Kelly Hepworth (PDX), Hilary Streem (SFO), Brian Sherill (LAX pmAS), and Kanani Vallot (SAN), with MEC Hotel Committee […]

        Recent Posts

        • Crew Meal Survey Closing Soon
        • AFA News in Review – May 22, 2026
        • When the Unexpected Happens in the Skies: How the Critical Incident Response Program (CIRP) Supports You
        • Council 43 (HNL) LEC Officer Election Results
        • Council 39 (PDX) LEC Officer Election Results
        • Hotel Committee Meeting Recap – May 2026
        • AFA Alaska + Hawaiian MEC Town Hall: Join Us Monday, June 8
        • AFA News in Review – May 15, 2026
        • Boeing 787 Seattle International Service Observation Period Update – May 2026
        • Council 19 (SEA pmAS) LEC Officer Election Results
        • Government Affairs Committee Update – 2nd Quarter 2026
        • Uniform Committee Meeting Recap – 2nd Quarter 2026
        • Crew Meal Survey Now Open
        • Navigating Recovery: Understanding FADAP and Other Support Options
        • Council 43 Update – May 10, 2026

        Local Councils

        • Anchorage
        • Honolulu
        • Los Angeles (pre-merger Alaska)
        • Los Angeles/Seattle (pre-merger Hawaiian)
        • Portland
        • San Diego
        • San Francisco
        • Seattle (pre-merger Alaska)

        Master Executive Council

        • MEC

        Contract

        • Contract Home

        Committees

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

        News By Month

        News By Category

        AFA News Now Air Quality Air Safety, Health, & Security Committee (ASHSC) Alternative Dispute Resolution (ADR) AS/HA Merger AS/VX Merger Benefits Committee Committees Communications Committee Contract Contract 2014 Negotiations Blog Council 15 SAN Council 18 LAX (pmAS) Council 19 SEA (pmAS) Council 30 ANC Council 35 SFO Council 39 PDX Council 43 HNL Council 47 LAX/SEA (pmHA) EAP/Professional Standards Committee Extension 2021 Blog Featured Government Affairs Committee Grievance Committee Hotel Committee Human Rights & Equity Committee Industry News Inflight Service Committee Inflight Training Committee JNC Blog Joint Negotiating Committee (JNC) Latest News Local Councils Master Executive Council (MEC) Membership Engagement Committee 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
        • YouTube

        Want To Stay In The Loop?

        Stay up-to-date on AFA Alaska + Hawaiian news and information by signing up for our email and text message updates. Click a button below to get started or update your preferences if you're already a subscriber.
        Sign Up for Emails
        Sign Up for Text Updates

        Connect With AFA

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

        Copyright © 2013-2026 Alaska/Hawaiian Airlines Master Executive Council, Association of Flight Attendants-CWA, AFL-CIO