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Association of Flight Attendants-CWA Alaska Airlines Master Executive Council

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Recent Changes to COVID-19 Policies – Part 4

Recent Changes to COVID-19 Policies – Part 4

Master Executive Council (MEC) and Grievance Committee

Click here for Part 1 >

Click here for Part 2 >

Click here for Part 3 >

In This Update

  • No §32 Attendance Policy Points for Workplace Exposure Quarantines
  • Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19” Withdrawn
  • Reports of Bullying and Harassment

No More §32 Attendance Policy Points for Workplace Exposure Quarantines

In Inflight Bulletin 2021-0071 (AAG SSO required), Alaska Airlines management updated Company policy with regard to Section 32 Attendance Policy points assessed for unvaccinated  and “prefer not to state” Flight Attendants on a Company-directed COVID-19 workplace exposure quarantine.

A few facts:

  • Management began implementing a policy to assess attendance points to such Flight Attendants effective August 30, 2021.
  • AFA pushed back and reached an agreement with management by the end of September to retroactively forgive points assessed under that policy change.
  • Management once again implemented a policy to assess attendance points to such Flight Attendants effective October 1, 2021.
  • AFA preemptively filed Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19” on September 30, 2021, in anticipation of the policy change.
  • In the early days of October, MEC President Jeff Peterson brought forward concerns to management that assessing attendance points to unvaccinated employees who also have approved accommodations on file is discriminatory and therefore very likely illegal. This is because the accrual of attendance points can lead to discipline and potentially termination, and there is disparate treatment compared to vaccinated employees who do not receive attendance points for the same circumstances. Management was “looking into it.”
  • Buried under the heading “COVID-19 Vaccination Points” in the November 1st Bulletin Bundle, management quietly announced a revised policy retroactive to October 1st that rescinds the previous attempts to assess attendance points to such Flight Attendants.

Coincidence? Absolutely not! Not one word from management about AFA’s advocacy here, but we’re going to take credit for this one.

Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19” Withdrawn

AFA has subsequently withdrawn Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19” because management’s policy change resolved the contractual dispute.

AFA will continue to pursue a remedy for Grievance No. 36-99-2-230-21 “Violation of §16 Sick Leave/On the Job” because of the disparate treatment of unvaccinated and “prefer not to state” Flight Attendants, who are forced to use sick leave for a Company-directed COVID-19 workplace exposure quarantine.

Reports of Bullying and Harassment

Several Flight Attendants have contacted MEC leadership to report that they have felt bullied due to their COVID-19 vaccination status and/or their opinion about the Company’s COVID-19 policies. This goes both ways—we have received emails from both vaccinated and unvaccinated Flight Attendants. In general, the perceived bullying is not specific to an individual but rather to the groups of vaccinated or unvaccinated Flight Attendants. We wanted to take a minute to remind everyone that we are, first and foremost, all Flight Attendants. Our job is tougher than ever right now, and we need to be respectful of each other, both on the line and on social media.

Many Flight Attendants have applied for and received valid religious or medical exemptions to the vaccination mandate. Alaska Airlines management creates, controls, and monitors the process for applying for and approving or denying such exemption requests. This process is mandated by Title VII of the Civil Rights Act of 1964 to prevent religious discrimination and by the Americans with Disabilities Act (ADA) to prevent discrimination due to a medical condition. No Flight Attendant should be bullied or made uncomfortable because of exercising or not exercising their rights under the law. Since vaccination status in these cases is tied to a legally protected class, these laws prohibit discrimination and pervasive harassment against such individuals.

On the flip side, some vaccinated Flight Attendants report being bullied about voicing their questions, concerns, frustrations, and general opinions about working conditions: specifically, management’s accommodations process and testing protocol. Federal courts have upheld employees’ rights to openly discuss such concerns. For example, employees are legally allowed to state that they believe the accommodations process is too easy to manipulate or that management should place all employees with approved exemptions on unpaid leaves. Similarly, other employees may express support for the existing process.

These are potentially divisive issues with passionate opinions on both sides, but we need to be kind to each other regardless. We may vehemently disagree with someone, but that does not mean a discussion about it—even if legally protected—is welcome or is not hurtful. Life during the pandemic has been extremely rough, but with less than a year to go to contract negotiations, we need to look out for one another now more than ever and to find strength in our solidarity.

AFA Alaska Special Update – November 3, 2021

In This Edition

  • November 4th Onboard Service Changes

November 4th Onboard Service Changes

Inflight Service Committee

On November 4th, management is planning to launch a significant reintroduction of onboard service that will continue efforts to return the passenger experience to pre-pandemic levels.  As a result of AFA advocacy, management did agree to postpone some items that were initially planned to launch, however most changes are still being implemented as scheduled.  In the case of main cabin snack offerings, the changes will exceed what was provided prior to the implementation of COVID-19 service reductions. Management has published more information about the upcoming changes on Alaska’s World, in the bulletin bundle, and in service guides located in GoodReader on your IMD.

During the lead up to the upcoming changes, members of our Inflight Service Committee and Air Safety, Health, & Security Committee (ASHSC) as well as several MEC Officers have been engaged with management to assess the changes for safety concerns and other potential impacts to Flight Attendants.  Your AFA representatives spent hours upon hours in meetings with management bringing forward numerous issues related to safety, health, operational and procedural challenges, and other concerns shared by Flight Attendants.

Despite these extensive conversations, it became clear that management and AFA are philosophically apart on the potential risks that Flight Attendants face as a result of expanding onboard service in the current environment.  Whereas management believes that the introduction of additional service elements does not pose any significant risk to Flight Attendants, AFA believes differently.  The health and safety risks posed by additional interaction time with passengers and increased challenges with enforcing the federal mask mandate are likely only to be amplified with more food and beverage items being offered on the aircraft.

Once the onboard service changes take effect on November 4th, it is critically important that any safety hazards related to the expanded service be documented in ReportIt! as a Flight Attendant Irregularity Report (FAIR).  If you encounter any issues related to onboard products, catering supply levels, or procedural concerns, please report them through the Catering Issues function in Block2Block.  Data provided through your reporting helps to strengthen the voice of our Inflight Service Committee and ASHSC in their conversations with management about onboard service.

AFA Alaska Update – October 15, 2021

In This Edition

  • System Board of Adjustment Interviews
  • Reminder: Zika Letter of Agreement
  • Understanding Panic Disorder

System Board of Adjustment Interviews

Master Executive Council (MEC)

The Master Executive Council (MEC) will be conducting interviews for one (1) member to serve on the AFA System Board of Adjustment.

Scope

Members are to serve on the System Board of Adjustment for the purpose of arbitrating any disputes or grievances that may arise under the terms of the Agreement between Alaska Airlines and its Flight Attendants.

Policy/Responsibilities

  • There shall be two members selected by the MEC from active members in good standing to represent the Association.  Members will be selected at-large without regard to Local Council or domicile. 
  • Any person seeking a position as a System Board of Adjustment Member must submit a resume.  Candidates must interview with the MEC.
  • System Board Members shall be selected for a two (2) year appointment period in accordance with the AFA Constitution and Bylaws.  At least one appointment will be reviewed in June of each year.  Selection shall be made, insofar as possible, to ensure that both members will not be new at the same time.  
  • The System Board Members will act in the best interest of the membership and the Association and will be consistent with the Agreement between the Flight Attendants and Alaska Airlines.
  • The MEC President shall have the ability, in the event of an emergency, to appoint a qualified member in good standing to fill an ad hoc position on the Board, should the alternate not be available.
  • The MEC on an ad hoc basis, by majority vote, may appoint an expert as a substitute for one member of the System Board of Adjustment.

Qualifications

  • Current Alaska Airlines Flight Attendant
  • Willingness to attend the requisite grievance training(s)
  • In depth knowledge of the contract
  • Understanding of the principles of just cause
  • Adherence to Grievance Committee policies, procedures, and standards of ethical conduct
  • Ability to maintain confidentiality of sensitive and personal information
  • Maintenance of member-in-good-standing status
  • Ability to remain in good standing with the company
  • Ability to analyze written data and information with high attention to detail
  • Strong written and communication skills
  • Strong computer skills.

Term of Appointment

The selected candidate will serve the remainder of a term of appointment that concludes on June 30, 2023.

Expressing Interest and Interview Scheduling

The MEC will hold interviews of eligible candidates during the December Regular MEC Meeting on December 7, 2021.  If you’re interested in interviewing, plan to bid around this date or adjust your schedule accordingly to accommodate.  All interviews will be conducted using Google Meet videoconferencing.

Interested candidates should submit an expression of interest and resume using the online expression of interest form.  The deadline for submissions is 5 PM Pacific time on Tuesday, November 30, 2021.  After the submission deadline, MEC Secretary-Treasurer Linda Christou will contact eligible candidates to arrange a specific interview time.

Please note that to submit an expression of interest, you must have a Google account.  If you do not have a Google account, you can create one for free at https://accounts.google.com/signup.

Questions?

Any questions regarding the position or application process should be directed to MEC Grievance Committee Chairperson Stephanie Adams at stephanie.adams@afaalaska.org.

Reminder: Zika Letter of Agreement

Grievance Committee

In 2017, AFA and management signed a letter of agreement (LOA) establishing protections for Flight Attendants who are pregnant, attempting to become pregnant, or whose partner is attempting to become pregnant and are scheduled to fly to a Zika-affected area.  The LOA outlines the protective provisions and associated procedures that eligible Flight Attendants are responsible for following.

As Alaska Airlines is beginning service to Belize in November, it is timely that we offer a reminder that this LOA is still active.  Belize is considered a Zika affected area by the Centers for Disease Control & Prevention (CDC) which triggers the protections outlined in the LOA.

Questions?

If you have any questions about the Zika LOA or the procedures associated with using the protective provisions of the LOA, please contact your Local Grievance Committee.

Understanding Panic Disorder

Employee Assistance Program (EAP)/Professional Standards Committee

What is Panic Disorder?

Panic disorder is a psychological condition that shows up in the form of sometimes serious physical symptoms. These symptoms, called panic attacks, can literally make the victim feel as though he or she is dying: rapid heart rate, difficulty breathing, excessive sweating, dizziness, trembling, intense anxiety, a feeling of loss of control, and helplessness. Imagine what it would be like to jump out of an airplane only to find your parachute won’t open – that’s pretty close to what panic attack victims are feeling in the moment.

When the attacks occur regularly or appear to be caused by a specific set of circumstances, then panic disorder is the cause. There is no specific treatment for a panic attack, per se. But the underlying condition, panic disorder, can be treated with a combination of medications and psychotherapy.  

What Causes Panic Disorder?

Like many psychological conditions, panic disorder can originate in many different ways, some of them making little logical sense. A person with a phobia such as fear of heights or enclosed places might experience a panic attack if he or she is in this situation. Alcohol, drugs, and trauma can trigger it.   But the cause itself has no bearing on the reaction to it because the threat felt by the victim is one entirely of perception rather than reality.

What to Do if You Have a Panic Attack

The only way to stop a panic attack is to allow it to end, and the only way to do that is to diminish the underlying fear that causes the symptoms. If you allow yourself to experience the symptoms, with a clear realization that there is no real danger, then the attack may be shortened. Breathe deeply and don’t give in to dangerous impulses such as running away or jumping off something. Know that the effects will pass. The more you experience even the smallest triumph of logic over fear, the less intense your attacks will become.  If the attacks continue, seek help from a medical professional.

What to Do if You See Someone Having a Panic Attack

You may feel pretty helpless when encountering someone having a panic attack.  Tell them to keep breathing and assure them that there is no danger.  The problem here is that the victim will tell you that they are having a heart attack, can’t breathe, or feels like they are about to pass out, and odds are good that you aren’t qualified to assess the reality of that perception. Call for help quickly and do your best to calm the victim until help arrives. The best thing you can do when it’s over is offer comfort, assure the person that professional help is available and encourage them to seek that assistance.

Questions or Need Help?

Our AFA EAP Committee is available to provide assistance with referrals.  Please call (949) 470-0493 or visit afaalaska.org/eap for contact information.

Recent Changes to COVID-19 Policies – Part 3

Master Executive Council (MEC) and Grievance Committee

Click here for Part 2 >

Click here for Part 1 >

In This Update

  • Forgiveness of §32 Attendance Points Assessed for September COVID-19 Workplace Exposure Quarantines
  • Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19”
  • Management Unwilling to Offer or Negotiate School/Childcare Exposure Absence Mitigations
  • Applying for Medical or Sincerely Held Religious Beliefs Exemptions to the Vaccination Mandate
  • Reasonable Accommodations for Approved Exemptions
  • Employees Currently on a Continuous Leave of Absence
  • Non-Compliance

Forgiveness of §32 Attendance Policy Points Assessed for September COVID-19 Workplace Exposure Quarantines

AFA and management have reached an agreement to forgive all Section 32 Attendance Policy points that were assessed for any COVID-19 workplace exposure quarantines that began in the month of September. Otherwise, Section 32 Attendance Policy points potentially apply (unless reduced by Quarterly Point Reduction) for any Flight Attendants on a workplace exposure quarantine who disclosed that they were not fully vaccinated or who declined to disclose their vaccination status during the contact tracing intake conversation with management related to that workplace exposure. Management is currently working on implementing the points forgiveness, so Flight Attendants should expect to be notified of an adjustment in the coming weeks.

Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19”

Although the one-time agreement above resolves points accrued in the month of September, unvaccinated or “decline to disclose vaccination status” Flight Attendants are potentially accruing points for COVID-19 workplace exposure quarantines going forward beginning October 1st. Consequently, AFA has filed Grievance No. 36-99-2-241-21 “Violation of §32 Attendance Policy/COVID-19”:

The Company’s violation of Collective Bargaining Agreement §32 [Attendance Policy], past practice, and all related sections of the Collective Bargaining Agreement when on or about October 1, 2021, it unilaterally imposed an inequitable non-contractual policy of administering absences for Company-mandated COVID-19 workplace exposure quarantines under the Section 32 Attendance Policy solely to Flight Attendants who are classified as “unvaccinated” pursuant to Company policy, and thereby, potentially subjecting these Flight Attendants to disciplinary action up to and including termination resulting from such attendance points accrual. Vaccinated Flight Attendants do not accrue attendance points under this unilaterally imposed Company policy.

Management Unwilling to Offer or Negotiate School/Childcare Exposure Absence Mitigations

AFA has made several attempts to advocate to management for the need to offer or negotiate school/childcare COVID-19 exposure absence mitigations for Flight Attendants. It is extremely disappointing that management’s position regarding relief not just for FAs but for all employees with school age children is that you’re essentially on your own to manage your schedule and to do your best to not get fired for absences related to school/childcare quarantines. Is this doing the right thing?

Reminder: Flight Attendants may call out Sick Child if their child is ill, and they will not accrue attendance points if the Flight Attendant has sufficient sick leave to cover the entire absence. No attendance points apply for time off to care for a sick child unless the Flight Attendant does not have enough sick leave to cover the absence. See Bulletin #2021-0059 for more information about the Company’s application in these circumstances. Please note aspects of this application remains in dispute via ongoing litigation.

Applying for Medical or Sincerely Held Religious Beliefs Exemptions to the Vaccination Mandate

Management is now accepting requests for reasonable accommodation for medical conditions and/or sincerely held religious beliefs that prevents employees from getting vaccinated against COVID-19. An employee may apply for one or both if they qualify. The entire accommodations process (e.g., requests, review, determination, and administration) is directly between employer and employee. For liability reasons, AFA cannot and will not be a party to this process, but we will communicate what we know when possible. 

Medical exemptions

Management is requiring signed and dated medical documentation from a healthcare provider that indicates the medical reason for the exemption request. Applications lacking the required information will be denied. 

Click here to submit a request for medical accommodation (AAG SSO required) >

Sincerely held religious beliefs exemptions

Management does not require separate documentation to substantiate an exemption request for sincerely held religious beliefs, but you may attach additional documentation if you so choose. Management may also ask for additional supporting information.

Click here to submit a request for religious accommodation (AAG SSO required) >

Reasonable Accommodations for Approved Exemptions

Unpaid leaves or regular COVID-19 testing?

AFA has received numerous inquiries whether the reasonable accommodation will be an unpaid leave or regular COVID-19 testing. Management has indicated a strong desire to keep as many employees working as possible. The reality is the Company would have an extremely challenging time working through a staffing shortage in mid-December and beyond in almost every division. However, there are serious concerns and questions about how regular testing would be administered, and it is unclear if there will be a reliable supply of accessible COVID tests. 

Potential seniority violations?

There could conceivably be multiple forms of accommodation both within and between workgroups. Accommodations are usually granted and administered on a case-by-case basis, so this is yet another unprecedented situation courtesy of the pandemic. We are currently working with AFA Legal to determine how much influence the Association might have over the administration of multiple accommodations within the Flight Attendant group if those accommodations potentially create seniority violations.

Appealing and/or disputing a reasonable accommodation request

AFA has also received numerous inquiries how to appeal and/or dispute an approved accommodation request—particularly if the accommodation is an unpaid leave. Any request for appeal or a dispute arising from the accommodation process—regardless of whether an exemption is approved or denied—should be directed back to the employer by the employee. If the parties cannot reach a mutually acceptable resolution, then the employee should file a complaint with the appropriate government agency that owns regulatory oversight for that accommodation.  For a complaint related to a medical accommodation, an ADA complaint falls under the jurisdiction of the Department of Justice.  Complaints related to religious accommodations fall under the authority of the Equal Employment Opportunities Commission (EEOC).

Employees Currently on a Continuous Leave of Absence

Management has indicated that employees who are currently on a continuous leave of absence will be provided with adequate time to be vaccinated or request a reasonable accommodation upon their return to work and the associated deadline will be extended accordingly.

Non-Compliance

Finally, the big question: What happens if a Flight Attendant does not file for or is denied an exemption, and the Flight Attendant declines to be vaccinated? It is still too early to say with certainty because management is still developing the policy, but it seems very likely that management will pursue termination of employment if the employee cannot comply.  Despite this possibility, there is no firm direction from management at this time.

AFA will continue to monitor and provide updates as management offers clarification and/or additional information becomes available.  

Recent Changes to COVID-19 Policies – Part 2

Recent Changes to COVID-19 Policies – Part 2

Master Executive Council (MEC) and Grievance Committee

Click here for Part 1 >

In This Update

  • Presidential Executive Order Vaccination Mandate

Presidential Executive Order Vaccination Mandate

Alaska Airlines and Horizon Air are government contractors and their employees subject to the related vaccination requirements under the Presidential Executive Order

As you have almost certainly heard by now, Alaska Airlines and Horizon Air have determined that they are federal contractors and therefore their employees are subject to the vaccination requirements under the Presidential Executive Order. See the Company email to all employees “Important information about required vaccinations“ (September 30, 2021) for more information. Southwest, American, JetBlue and other airlines have likewise determined that the mandate applies to them.

What does this mean for Air Group?

First and foremost, vaccine mandates are legal and constitutional. The government has a compelling interest in public health, and the United States Supreme Court has upheld vaccination mandates in the past. Under the Executive Order (EO), all Alaska Airlines and Horizon Air employees will be required to be fully vaccinated or have an approved exemption on file as early as December 8, 2021 (unless this date subsequently gets pushed).

Immunity from a prior COVID-19 infection is not sufficient under the mandate. To be considered fully vaccinated prior to that date, your last Pfizer or Moderna shot, or your single Johnson & Johnson shot, must be no later than November 24, 2021.  Regular testing under the EO is not considered an adequate substitute unless it is part of an accommodation for an approved exemption on file for substantiated medical reasons or a sincerely held religious belief.

Medical / Americans with Disabilities Act (ADA) exemptions

If you are unable to receive any of the available vaccines for medical reasons, your employer must attempt to reasonably accommodate your disability.  An accommodation can involve making changes to your work environment to protect you and others, a long-term leave, or perhaps something in between, such as regular testing. The actual accommodation would depend both on the disability and the workplace and nature of the business. An employer is not required to make any particular accommodation you request, or to make an accommodation that would cause an undue hardship, which means great expense, inconvenience or disruption of the workplace. Alaska and Horizon management have not yet informed us how they intend to accommodate medical exemptions, or what medical evidence they will require to establish an exemption. Medical exemptions are rare, as most people can well-tolerate the COVID-19 vaccines.

Sincerely held religious belief exemptions

If an employee states that he or she has a sincerely held religious objection to vaccination, the employer must generally accept this as true—even if the religion (or other moral belief) is unfamiliar to the employer. However, employers are entitled to question and probe the belief, and may consider factors such as:

  • Whether the employee has behaved in a manner markedly inconsistent with the professed belief;
  • Whether the accommodation sought is a particularly desirable benefit that is likely to be sought for secular reasons; 
  • Whether the timing of the request renders it suspect (e.g., it follows an earlier request by the employee for the same benefit for secular reasons); and 
  • Whether the employer otherwise has reason to believe the accommodation is not sought for religious reasons.

Proof of vaccination

The vaccine mandate requires the Company to collect proof of vaccination from all employees who do not have a medical or religious exemption. You will not simply be able to attest that you have been vaccinated; you will be required to show one of the following:

  • A copy of the record of immunization from a health care provider or pharmacy;
  • A copy of the COVID-19 Vaccination Record Card;
  • A copy of medical records documenting the vaccination;
  • A copy of immunization records from a public health or state immunization information system; or
  • A copy of any other official documentation verifying vaccination with information on the vaccine name, date(s) of administration, and the name of health care professional or clinic site administering the vaccine.

Data privacy and HIPAA

This information is not protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), because employers such as Alaska Airlines and Horizon Air are not covered entities under HIPAA. According to the latest guidance from the Equal Employment Opportunity Commission (EEOC), the employer does, however, have an obligation to safeguard this as confidential medical information under the ADA that must be stored separately from the employee’s personnel file.

AFA leaders will be meeting with management soon to gain clarity on how the Executive Order will be administered. The bottom line is that the mandate does apply to us under federal law, and we cannot negotiate around it or grieve it.  AFA will continue to advocate on behalf of the entire membership and to fairly represent all Flight Attendants throughout these challenging times.

Stay tuned for more updates.

Grievance Committee Update – 4th Quarter 2024

Grievance Committee Our Grievance Committee has been very hard at work ensuring disciplinary due process and contractual compliance on your behalf.  The contract requires a minimum of 13 arbitration dates yearly to dispute discipline/termination cases and contractual issues.  Termination cases are usually given first priority in order to return a Flight Attendant back to work […]

Introduction to the Minimum Pay Rules Flow Chart

Scheduling Committee We’re introducing a valuable new resource from our Scheduling Committee! We’ve developed a visually engaging flow chart that breaks down the Minimum Pay Rules (MPRs) outlined in Section 21.D of our Collective Bargaining Agreement (CBA). This chart is your go-to tool for understanding the essential elements of your pay provisions, ensuring that every […]

Notice of Election for Officers of Joint Alaska-Hawaiian MEC

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De-Stress Your Holidays

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Upcoming Merger of Alaska and Hawaiian Master Executive Councils

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