What’s the 411 you ask? How does this negotiations thing work? What step are we currently at in the process? We voted down that last Tentative Agreement (TA), why aren’t we doing away with it and starting from scratch? Why don’t we reopen all sections? How do we know if a section is closed? Do we get to know the specifics of a section once it’s TA’d or closed?

 

All of these are great questions. We also know that there are many more. Remember, many of us have been hired since negotiations started three years ago!

 

This blog is a way of answering questions, providing education of the process and giving you a resource to search for answers to your questions that may have already been covered. It will also provide an easy way to give feedback or ask for more clarification. We value our flight attendants time and are hoping to keep this a simple and clear way for you to have all the information you need to stay informed.

 

 

 

Q: How does this negotiations thing work?

 

A: When our contract reaches the end of an agreed upon duration, unlike other non-railroad/airline union workers, our contract doesn’t expire. It becomes amendable. This is a fancy way of saying we can now take it and attempt to make changes. Because we don’t throw it out and start a new one, we take the current contract and attempt to fix or change areas that have been identified as important—thus creating a new contract to work under. The FA group has its list of things to fix/change and so does management. This is where the process of negotiations begins.

 

Step 1: Direct negotiations begins – Once we start meeting with management there is no 3rd party involved. It is us and them. We agree together on the dates and both sides come to the appointed times with ideas and begin to negotiate what will be changed or added and how. This process is usually helpful until we reach the areas of the contract that are most contentious. Our contract includes many sections, some of which neither party needs to or tries to make changes or additions. These sections are the easiest to complete and close rather quickly. Once we finish these sections we are now set to negotiate the sections that both parties will be the furthest apart on. As we attempt to find a resolution there can come a point where it is clear that a 3rd party is needed to help move one or both of the parties along in the process. We applied for mediation at Alaska in May 2013. That was an attempt to avoid even longer delays in reaching a TA.

 

Step 2: Mediation begins – Once either party applies for mediation, we are appointed a federal mediator by the National Mediation Board (NMB). This person is now deciding when, where and how we meet. This person’s sole job is to get both parties to come prepared to mediation to reach an agreement on the sections of the contract that have not been able to close. The goal of the mediator is to push the process along to get to a TA for members to vote on. The mediator is not primarily concerned with how good the contract is – just that it is finished.

 

Once all sections are closed, a draft of the entire TA is presented to the union’s Master Executive Council (MEC) at Alaska. The MEC will decide whether or not to put the contract out for a vote. If that happens, it is put out for members to evaluate and vote on. In our process this is what we are now referring to as TA1. (not sure what this last sentence means?)

 

Step 3: Membership vote – If a membership votes Yes (to ratify) a TA it becomes the new contract and is in effect until the agreed upon end date when it becomes amendable again. If the membership votes No (declining to ratify the TA) we are scheduled to sit back down and reopen sections according to members’ priority of importance.

 

Step 4: Mediations begins… again – At this point – TA2 negotiations – it is expected by the NMB that only sections of paramount importance are reopened, not all sections. Remember their goal is to direct the process for both parties and to move us towards agreement. Opening all sections is an indication to the NMB that we are not looking to get to a second TA quickly, and this doesn’t look good for either side to take this approach. Because of the request for mediation, the mediator now controls when and where we meet. They decide how many days we will meet at a time. If they are not convinced that we are serious about reaching a 2nd TA in as quick a way as possible, they have the right to decline scheduling any further meeting dates. Essentially putting our entire process on hold.

 

Step 5: 2nd TA is reached – once an agreement is reached, it is voted on by the MEC (your LEC presidents). If approved it then becomes the 2nd TA which is published for review and vote by membership. At this point the process of Step 3 – 5 repeats as necessary or directed by the mediator.

 

So what if the MEC decides not to put the TA out for a vote or we have a TA that’s voted down again? At this point we are left at the mercy of the NMB, and they have a couple of options:

 

• Promptly schedule us back to the table and continue mediation (kind of unlikely).

 

• Put us on the shelf and leave us hanging – Basically they either recess our negotiations formally, or refuse to schedule dates, or schedule dates and then cancel them. The Company is not obliged to meet with us if the NMB does not schedule dates.

 

• Offer us a Proffer of Arbitration (issues not agreed upon to be decided by binding arbitration). Ok, here’s where it gets complicated…

 

• If a proffer is offered and either party rejects the offer – we are put into a 30-day Cooling Off Period (this happened in 1993). During this period the goal continues to be to reach an agreement. The NMB generally schedules a brief negotiations session towards the end of the 30-day period. This is informally known as “super-mediation”.

 

• At the end of 30 days, the parties are released to Self Help – the union can strike, management can impose the same or worse work rules, and is permitted to lock out employees.

 

• However, during this Cooling Off Period, the NMB can recommend to the President of the United States that he convene a Presidential Emergency Board (PEB). If he agrees (one never has said no before) then the 30-day count stops.
  • A panel of ‘experts’ will meet and take a couple of months to craft a ‘possible new agreement.’
  • If either union or management rejects the ‘possible new agreement,’ then the 30-day count starts over again.
  • At the end of the 30 days, both parties are free to engage in Self Help: workers can strike and management can impose work rules that are outside of our contract agreement or lock out employees. But wait, there’s more….
  • US CONGRESS (both the House and Senate) can vote to mandate that the ‘possible new agreement’ crafted by the PEB would be our new contract, enact it as a statute and that would be game over. To date this has not happened on the airline side of the Railway Labor Act, but has happened on the railroad side.

 

 

Q: What step are we at currently in the process?

 

A: We are in Step 5. You will see though, that Steps 3-5 repeat as necessary and as directed by the mediator and the 3 NMB Board Members appointed by the President of the US.

 

 

Q: We voted down that last TA, why aren’t we doing away with it and starting from scratch?

 

A: Contracts are in a sense living things. We have a current contract that never goes away just becomes amendable. As we negotiated TA1 we worked from the current contract making changes to language and provisions. Our current contract is always the foundation from which we work. As we started the second round of negotiations we made proposals based on the survey results, still using the contract as the foundation and incorporating any changes that were deemed good from TA1. Had we started from scratch we would have lost all of the good that was contained within the first TA. This also would have created another lengthy process that was not necessary. The goal is to get to a TA that the FA group can ratify in the quickest way possible. Starting over and throwing out the bad AND the good isn’t in our best interest. What was proposed was doing away with the provisions the FA group did not support and keeping the ones they did. At the same time proposing new provisions to replace or the ones not supported in TA1 or areas of new concern.

 

 

Q: Why don’t we reopen all sections?

 

A: This answer is 2 parts – 1st, not all sections had provisions that needed to be changed or that the FA group as a whole found problematic. Once a section is reopened, it is opened for both parties. Additions we deemed good can be taken out by management. The goal in reopening sections is always to better the FA group’s position.

 

2nd – As mentioned in the question “How does this negotiations thing work?”, the step we are currently in almost requires that we only open sections that need the most work and are of paramount importance. To insist on opening sections where no change is needed or was found to be satisfactory by the majority of the group would send a message that ultimately could be detrimental to our goals. Management has just as much right to renegotiate provisions as we do.

 

 

Q: How do we know if a section is closed? 

A: On the new website you can see which sections are closed (Now they are all closed as we wait to present the deal to the MEC). If you are unsure if that section was ever reopened during this second round of negotiations you can look at our Opening Proposal (http://afaalaska.org/wp-content/uploads/2014/07/AFA-Alaska-2014-TA-2-Opening-Proposal.pdf) While we met in mediation, we always gave updates of what provisions were changed or stayed the same, in addition what sections have been recently closed. Sometimes we leave mediation agreeing to the provisions/concepts and agree to close a section but we need additional time to write the language to support the provisions within the body of the contract. This delayed writing is the way we use our time in mediation most efficiently.

 

 Q: Do we get to know the specifics of a section once it’s TA’d or closed?

A: We do our best to provide as much information as possible in the way of explanations of the agreed on sections or provisions within the limitations our mediator has set. The concern here is that while a section is rarely reopened again it is possible. It’s also important to only share as much as we can without compromising our negotiating position for future sections that may be tied to or connected with other provisions that are still being negotiated. Our mediator cautions us in sharing any detailed information while we are still negotiating but we have identified that this method is not what is best for our FA group. We are hoping that this blog will help to answers questions or misinformation we see during the process.

Question:   Wondering what your position is on this is article http://www.thestreet.mobi/story/12892492/1/american-flight-attendants-got-13-million-more-thanks-to-delta.html I expect us to exceed and surpass.   Answer:   Negotiations are a dynamic and fluid process.  Many external situations impact and complicate contract negotiations.  It is indeed an interesting and exciting story that at the final hour the Delta pay raise impacted the AA/US Airways negotiations and gave them the leverage to get even more money in the rates.   The Delta pay raise (and the AA/US Airways TA rates) alter the comps that are in the industry now.  However, if you compare the AA/US Airways TA rates to our TA1 rates in the chart posted on our website, you will see that our TA1 rates were higher in many steps.  Know that we intend to improve on those $ amounts even still.   Thanks for your comment and know that our outside economist consultant, Dan Akins, is the same person who was at the table advising the AA/US Airways Flight Attendant Negotiating Committee.  We have a great team representing our collective interests.

Comment:   Please communicate with the company during negotiations that we expect retroactive paychecks for all the time wasted since we voted down our last TA. A great number of us are simply going to vote NO again if we are not given retro checks. As always, thank you very much for your tireless efforts on our behalf.

Comment:   Hello, AFA negotiating team   I am a LAX Flight Attendant coming up quickly on my first year with the company. Not only am I a Flight Attendant, but I am also currently serving as active Air Force Reserve Airmen in the United States Air Force, something I have been doing for almost five years now. I am proud to serve, and also blessed by the protections in place by the USERRA act that allow me to pursue my career with this great company. I understand that negotiations for sick leave are still on the table and I wanted to bring to your attention some things that uniquely affect me as a Reservist in the U.S military. I am required to serve a minimum of one weekend a month, and 15 days annually in the Air Force Reserve. Often I do more time than that. When I go to work for the Air Force, I lose out on quite a bit of my benefits as a Flight Attendant. Each day I am gone I lose 5 TFP from my Reserve Guarantee, while I understand this, I am not working for Alaska Airlines on those days after all, Alaska told me many times that they were a Veteran friendly company. Many Veteran friendly companies offer pay to make up the difference from you military pay, or even pay you for a certain amount of days you are working for the military. Alaska offers neither of those benefits. Let me stop here to say that I do not feel that I am entitled to those benefits, though I would appreciate them, but I do feel entitled to say that Alaska Airlines should not boast about being a Veteran Friendly company when they do only what is required by Federal law under the USERRA act. Along with losing pay from Alaska Airlines, I do not accrue any sick leave the days I am on Military Leave. This becomes a serious problem when I attend annual tour, like I did in August and September of this year. I was out on military leave for over 23 days, and did not accrue any sick leave at Alaska Airlines. Even though I am serving in the Reserve those days, and not working at Alaska Airlines, I still get sick like every other person, and would like to receive some kind of sick leave when taking a required military leave. Jury Duty is paid, and is also a requirement from the United States government. When I serve in the military on my required days I am losing so much, sick leave, pay and money towards my retirement. I understand that there are not very many military reserve and guard Flight Attendants at Alaska Airlines, but this is a benefit I feel that all members should have. I ask for sick leave accrual, and pay while on military leave not only for myself, but for other Reservists and Guardsmen who plan on retiring from their respective branch. I am on my way out of the military, but you will still hear my voice asking for these benefits for our military men and women when I am a civilian again. Thank you for taking your time to read this, if you have any question feel free to contact me, I included my email above.   Answer: First of all, Thank you for your service and your commitment to our country’s security.   It is unfortunate, but in the airline industry, even in pilot contracts where military reservist activity is more common, the norm is compliance with USERRA.  Many companies support reservists and make accommodations and supplement reservist pay.  However, that is not common in the airline industry.   With regard to your sick leave concern, Alaska and Southwest are the only carriers in the US where the sick leave amount accrued is based on a percentage of credited TFP.  At all other carriers, it is based upon whether or not an employee is “active” for a majority of the month (usually 15 days).  The accrual is a set number of ‘Hours.”  If a reservist is absent for 2 weeks at another US carrier, s/he would typically not get any sick leave accrual for that month.  We agree that this is a bad situation, but unfortunately, it is the context in which our management looks at military accommodations in our contract.

Comment:   Horizon just added a flight to SCC. Now the ANC base has lost flying to SCC, FAI, and ADQ. We are hearing OTZ is NEXT?!? WE NEED SCOPE IN OUR CONTRACT or the ANC BASE WILL not doubt CLOSE. It’s just a matter of time before Horizon takes over all the arctic flying.

Comment:   My concern is regarding the SCOPE section in the current negotiations. PLEASE protect our flying! NO outsourcing of fa’s and flying of existing and future routes under AS or QX. any changes brought by management should be re-negotiated by our union! Thank you, NO compromises please!

Comment:   Getting more Concerned about Horizon taking over our flying in the state of Alaska. Some of us want to work day trips due to family obligations and more day trips are disappearing. Please look more into SCOPE for our contract. It might be another company soon

Comment:   Nothing in the Voice feedback box anymore. It’s online now. FYI

Comment:   SCOPE Outsourcing FA jobs Clarify the language regarding type of a/c, or number of seats that AS or AAG is allowed to outsource. i. e. 100 seat or more a/c must be flown by AS FAs

Comment:   Scope needs to be added and defined

Comment:   Please present and fight for SCOPE!!!! We need more money, benefit protection and retro pay, but Job Security is of utmost importance!!!!

Comment:   I would like to know if the length of the pay scale is even being negotiated.It takes 17years to reach the top of the scale and that’s ALOT longer than most of the other airlines . AA 12 years , Delta and Southwest 12 years I believe as well

Comment:   I am joining many of my co-worker concerns in regards to the language and protection or lack of, relating to “scope” language. My hope is that this item is a top priority as with the other top items to be discussed and taken into consideration in the up coming meeting in October. Lets get that contract we deserve!! Thank you!!

Comment:   Since sick/OJI is still on the table, I urge you to fight for those of us who have been seriously injured on the job. 3 months of continued medical insurance is not adequate. The COBRA premiums are unattainable when out on workers comp and living on a severely reduced income. The medical care from workers comp is beyond sub par, wrought with denials and/or delays. This is not how you get injured workers back to health and work. Please advocate for drastic improvements in this contract. The American TA is calling for 6 months of continued salary and benefits (more for certain incidents). I believe we should fight for at least that. Thank you for reading my comment.

Comment:   Before you go back into another session, I just wanted to re-iterate the importance of having very specific SCOPE language that protects our jobs and our flying specific aircraft. The other thing we should not compromise on is how we accrue sick leave. No hard time requirements. It needs to stay as it is. Past committees have fought hard to gain our sick leave policy and we need to stand firm. Thanks for your consideration.

Comment:   I would like SCOPE to be clear in our new contract so that AS Flight Attendants have job protection. Please open this up again so that there is clear language and protection for us. Thank you.