Master Executive Council (MEC)
- AFA has previously communicated several times regarding the Supreme Court ruling on Bernstein v. Virgin America, the potential impact, and how our perspective differs from that of management.
- To clarify, AFA did not initiate this lawsuit but did file an amicus brief in 2020 in support of upholding the Ninth Circuit Court’s ruling on the case. AFA has been and remains ready to negotiate solutions but will not agree to categorically undermine the rights of our members as it applies to benefits under state law.
- AFA International will be hosting a virtual union meeting on Wednesday, July 20th to discuss the facts about how the ruling will affect Flight Attendants in California.
Alaska Airlines management hosted a series of webcast sessions last week for the Inflight division to discuss the recent Supreme Court ruling on Bernstein v. Virgin America (re: CA meal & rest breaks) and its potential impact
As previously communicated, AFA has a very different perspective than management.
- Click here for “Part 1” (AFA Alaska – July 8, 2022) >
- Click here for “Supreme Court Ruling on Bernstein v. Virgin America” (AFA Alaska – June 30, 2022) >
- Click here for “Meals & Rest – Don’t Exempt, Negotiate” (AFA International – May 27, 2022) >
AFA’s formal involvement in Bernstein v. Virgin America
AFA did not file this lawsuit. Bernstein was initiated years ago by several Legacy Virgin America (L-VX) Flight Attendants prior to the merger between Virgin America and Alaska Airlines. The case then wound its way through the court system for years. In January 2020, AFA filed an amicus brief* (technically a brief of amici curiae*) in support of upholding the Ninth Circuit Court’s ruling on Bernstein.
Click here for AFA’s Ninth Circuit amicus brief in Bernstein v. Virgin America >
* In American law, amici curiae (Latin for “friends of the court”) typically refers to interested parties who request to provide legal submissions so as to offer relevant alternative or additional perspective regarding the matters in dispute; the legal submission by the amici curiae is often called an amicus brief.
A path forward
AFA has been and remains ready to negotiate solutions but will not agree to categorically undermine the rights of our members as it applies to benefits under state law. However, there is potential for targeted legislative fixes or clarifications to California meal and rest requirements that do not neatly fit into the unique circumstances of Flight Attendant duties on commercial aircraft. AFA remains willing to work with the airline industry and other labor stakeholders to achieve a mutually agreeable path forward.
Get the Facts: Bernstein and California Meal and Rest Break
AFA International will hold a virtual union meeting for Flight Attendants only on Wednesday, July 20th at 2 PM Pacific time. Hear from AFA International President Sara Nelson, AFA General Counsel Joe Burns, and other experts on the facts surrounding the Bernstein case and what it means for Flight Attendants in California.
Gina Crozier says
As per the listening session, it was stated that AS attempted to have a possible solution where FAs can waive the break(like in other types of jobs), but the Union was opposed. Were the members asked their opinion on this? I’m in favor of waiving my break. Keeping our CA bases is way more important to me than a break. I have plenty of time to have a break when I’m flying.
Brian Palmer (MEC Vice President) says
Management approached AFA well before the Supreme Court ruling to ask for support in their attempt to seek a complete and unconditional waiver from the State of California for meal and rest breaks for Flight Attendants. Management did not and has not expressed any interest in coming up with a solution to reach an agreement on meal and rest breaks that matches the realities of our work environment. Our MEC rejected supporting this approach, but remains willing to work with the airline industry and other labor stakeholders to achieve a mutually agreeable path forward.