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Recent Changes to COVID-19 Policies – Part 3

Master Executive Council (MEC) and Grievance Committee

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

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.

Council 35 News September 2021

Important Dates

  • September 30:  Last day of COVID Points Forgiveness-today!
  • October 1:  Vacation Round 2 opens
  • October 15: Last day to submit vaccination record for $200
  • October 18:  Vacation Round 2 closes
  • October 25:  Vacation Round 2 Awards posted
  • Various dates (see below):  How-To Series

Hotel and Reserve Committee Opportunities

Council 35 has chair openings in the Hotel and Reserve Committees.  Please review the duties and responsibilities of each position which can be found on our website. If you are interested in volunteering, please submit a letter expressing your interest to sfo@afalaska.org.  

How-To Series Starts October 1st

Council 35 is happy to announce a new learning series to help Flight Attendants navigate a variety of scheduling and reserve activities.  In collaboration with Inflight Base Managers Cierra Lewis and Benito Pasia-Garcia, our very own Virginia Fritz, SFO Scheduling Chair, is hosting these events along with PDX Reserve Chair, Anthony Eskander.  Each event will include a short lesson about a scheduling or reserve topic followed by live Q&A.  These short live events will be held throughout the month of October via Teams.  Can’t make the event you want?  No problem!  All live events will be recorded and posted for FAs unable to attend.  To view live events, past recordings or more information, visit the How-To website on Alaskasworld. Schedule and details can be found in the following links:

October 1: Personal and Management Drops
October 4:  Bidding Strategies for your Seniority
October 13:  Splitting and Advertising Reserve Days  
October 14:  Trading Reserve Days
October 15:  Posting and Shifting Reserve Days and Understanding Coverage
October 15:  TO and Non-TO Days and Open Time
October 26:  Lineholder’s Picking up Reserve Days  
October 28:  Precancellations

COVID MOU Sunsets

The Memorandum of Understanding (MOU) negotiated to remove points for COVID related absences will sunset today, September 30.  AFA requested that management extend the MOU however the suggestion was not accepted and management will discontinue the COVID points forgiveness program as planned.  Please be sure to submit for COVID related absences according the guidelines in the MOU.  Flight Attendants returning from leave on October 1 have 14 days to submit documentation.  Additionally, any FA that has a continuous absence that begins in September but carries over into October will also be considered for point forgiveness if reported in a timely manner.  Please review the COVID Points Forgiveness MOU for more information.  Reminder to CA based Flight Attendants:  Please review the State Laws Part 3 communication for information on CA COVID laws.

Call to Action:  Possible Government Shutdown

Transportation is one of the many industries that will be affected by a government shutdown.  Join other AFA members and let your state’s representatives know that avoiding the shutdown is important to Flight Attendants.  For more information and how this impacts our jobs, please read No More Shutdowns and take part in this important mobilization effort.

Save the Date: California Local Council Membership Meeting

The next membership meeting for Council 35 members will be Thursday, November 18, 2021 at 1100 via Zoom. The purpose will be to discuss news and events happening in California bases at Alaska.  This meeting will be a combined council meeting and open to all Council 35 (SFO), 18 (LAX) and 15 (SAN) members in good standing (up-to-date on dues).  Agenda, time and registration details will be sent in a separate communication.

AFA Membership Dues – Update

by LEC Secretary and Membership Chair, James Ikehara
Approximately 300 Council 35 members are in arrears with their monthly AFA dues based on the September 2021 report from AFA International’s Membership Services department.  Although the amount of months in arrears vary widely, a member that is only one month late ($50) can fall into a “Bad Standing” status if the amount owed is more than 90 days delinquent; there are approximately 102 members that fall into this category. A delinquency may have been caused by the following

  • A type of leave of absence you incurred in the past and were not coordinating enough sick leave or vacation to cover your dues
  • You flew low TFP’s in any given month and there was not enough money for an auto-deduction
  • When you are on any type of leave and you are completely off payroll (not coordinating any sick leave or vacation time) you are obligated to pay the first 3 months during your leave according to the AFA-CWA, Constitution & Bylaws.  Once the 3 months have been fulfilled you have met your obligation and you do not owe union dues until you return to work. 

If your delinquency is not corrected, the following is the progression of steps taken for non-payment based on AFA International’s bylaws:

  • Standing 2 (S2) – this letter indicates you are now in bad standing and this is the first stage of the AFA-CWA delinquency process.  A flight attendant goes into S2 when you have ONE or more dues billings that are over 90 days old and remain unpaid.
  • Standing 3 (S3) – this letter indicates that the FA remains delinquent after receiving the initial “Bad Standing” warning letter.  You now receive your S-3 letter via certified mail return receipt (if AFA International has an incorrect address on file, the LEC President or Secretary will put it into your co-mail file at work and it is treated as if it was sent via certified mail).  Nonpayment could result in discharge per our FA Collective Bargaining Agreement, Section 26 C & D.
  • Standing 4 (S4) – this is a pending status which means your International Membership Services department is researching your account for you.
  • Standing 5 (S5) – this is your final warning and this becomes very serious.  After receiving your S-2 and S-3 letters for nonpayment, our International AFA office in Washington, D.C. sends a letter to Alaska Airlines requesting discharge for nonpayment and a copy of this letter is also sent to your LEC President.

If you have received a text or email from me, or a letter from AFA International’s Membership Services department about your dues, it is important you contact AFA-CWA Membership Services by calling them directly at 844-232-2228, extension 3 (Mon-Fri, 9am-5pm Eastern), or by submitting an online inquiry via this link to verify the amount owed on your account. If you were on any type of leave, ensure you note the dates of your leave in the comments section and they will investigate and make the necessary changes. Debit and credit card payments can be made via this link.  

If you need to complete a Dues Check Off (DCO) form to ensure your dues are automatically deducted from your account, you can access the form here. After printing and signing the DCO, mail it to the Washington, D.C. address at the bottom of the form. Please note the following: the paycheck you receive on the 20th of each month (Advice Date) pays you for all of your flying for the previous month. However, the AFA dues that are payroll deducted from this check pays for the month it was deducted (i.e., the $50 deduction for October 20th will be for October dues, not for the previous month). For those returning to work from one of the mitigated leaves of absence, your dues may not be deducted since you were not active in the previous month.

If you are not able to pay your balance in full, payment options are available and can be coordinated with the Membership Services office. We are here to offer assistance in ways of paying your obligation so it is very important that we work together to ensure that Section 26 C, D & E of our Collective Bargaining Agreement are not applied for non-payment of dues which could result in termination once you have reached a Standing 5 status. We want to ensure the status of your AFA membership stays current and appreciate your prompt attention to correct this issue.

In solidarity,

Melissa, James and Brad

Melissa Osborne, LEC President •  Melissa.osborne@afaalaska.org • 415-275-1322
James Ikehara, LEC Secretary •  James.ikehara@afaalaska.org  • 415-289-9011
Bradley Young, Council Representative • Bradley.young@afaalaska.org • 916-508-3503

Important Dates

September 30:  Last day of COVID Points Forgiveness-today!
October 1:  Vacation Round 2 opens
October 15: Last day to submit vaccination record for $200
October 18:  Vacation Round 2 closes
October 25:  Vacation Round 2 Awards posted
Various dates (see below):  How-To Series

Hotel and Reserve Committee Opportunites
Council 35 has chair openings in the Hotel and Reserve Committees.  Please review the duties and responsibilities of each position which can be found on our website. If you are interested in volunteering, please submit a letter expressing your interest to sfo@afalaska.org.  

How-To Series Starts Oct 1
Council 35 is happy to announce a new learning series to help Flight Attendants navigate a variety of scheduling and reserve activities.  In collaboration with Inflight Base Managers Cierra Lewis and Benito Pasia-Garcia, our very own Virginia Fritz, SFO Scheduling Chair, is hosting these events along with PDX Reserve Chair, Anthony Eskander.  Each event will include a short lesson about a scheduling or reserve topic followed by live Q&A.  These short live events will be held throughout the month of October via Teams.  Can’t make the event you want?  No problem!  All live events will be recorded and posted for FAs unable to attend.  To view live events, past recordings or more information, visit the How-To website on Alaskasworld. Schedule and details can be found in the following links:

October 1: Personal and Management Drops
October 4:  Bidding Strategies for your Seniority
October 13:  Splitting and Advertising Reserve Days  
October 14:  Trading Reserve Days
October 15:  Posting and Shifting Reserve Days and Understanding Coverage
October 15:  TO and Non-TO Days and Open Time
October 26:  Lineholder’s Picking up Reserve Days  
October 28:  Precancellations

COVID MOU Sunsets
The Memorandum of Understanding (MOU) negotiated to remove points for COVID related absences will sunset today, September 30.  AFA requested that management extend the MOU however the suggestion was not accepted and management will discontinue the COVID points forgiveness program as planned.  Please be sure to submit for COVID related absences according the guidelines in the MOU.  Flight Attendants returning from leave on October 1 have 14 days to submit documentation.  Additionally, any FA that has a continuous absence that begins in September but carries over into October will also be considered for point forgiveness if reported in a timely manner.  Please review the COVID Points Forgiveness MOU for more information.  Reminder to CA based Flight Attendants:  Please review the State Laws Part 3 communication for information on CA COVID laws.

Call to Action:  Possible Government Shutdown
Transportation is one of the many industries that will be affected by a government shutdown.  Join other AFA members and let your state’s representatives know that avoiding the shutdown is important to Flight Attendants.  For more information and how this impacts our jobs, please read No More Shutdowns and take part in this important mobilization effort.

Save the Date: California Local Council Membership Meeting
The next membership meeting for Council 35 members will be Thursday, November 18, 2021 at 1100 via Zoom. The purpose will be to discuss news and events happening in California bases at Alaska.  This meeting will be a combined council meeting and open to all Council 35 (SFO), 18 (LAX) and 15 (SAN) members in good standing (up-to-date on dues).  Agenda, time and registration details will be sent in a separate communication.

AFA Membership Dues – Update
by LEC Secretary and Membership Chair, James Ikehara
Approximately 300 Council 35 members are in arrears with their monthly AFA dues based on the September 2021 report from AFA International’s Membership Services department.  Although the amount of months in arrears vary widely, a member that is only one month late ($50) can fall into a “Bad Standing” status if the amount owed is more than 90 days delinquent; there are approximately 102 members that fall into this category. A delinquency may have been caused by the following:

  • A type of leave of absence you incurred in the past and were not coordinating enough sick leave or vacation to cover your dues
  • You flew low TFP’s in any given month and there was not enough money for an auto-deduction
  • When you are on any type of leave and you are completely off payroll (not coordinating any sick leave or vacation time) you are obligated to pay the first 3 months during your leave according to the AFA-CWA, Constitution & Bylaws.  Once the 3 months have been fulfilled you have met your obligation and you do not owe union dues until you return to work. 

If your delinquency is not corrected, the following is the progression of steps taken for non-payment based on AFA International’s bylaws:

  • Standing 2 (S2) – this letter indicates you are now in bad standing and this is the first stage of the AFA-CWA delinquency process.  A flight attendant goes into S2 when you have ONE or more dues billings that are over 90 days old and remain unpaid.
  • Standing 3 (S3) – this letter indicates that the FA remains delinquent after receiving the initial “Bad Standing” warning letter.  You now receive your S-3 letter via certified mail return receipt (if AFA International has an incorrect address on file, the LEC President or Secretary will put it into your co-mail file at work and it is treated as if it was sent via certified mail).  Nonpayment could result in discharge per our FA Collective Bargaining Agreement, Section 26 C & D.
  • Standing 4 (S4) – this is a pending status which means your International Membership Services department is researching your account for you.
  • Standing 5 (S5) – this is your final warning and this becomes very serious.  After receiving your S-2 and S-3 letters for nonpayment, our International AFA office in Washington, D.C. sends a letter to Alaska Airlines requesting discharge for nonpayment and a copy of this letter is also sent to your LEC President.

If you have received a text or email from me, or a letter from AFA International’s Membership Services department about your dues, it is important you contact AFA-CWA Membership Services by calling them directly at 844-232-2228, extension 3 (Mon-Fri, 9am-5pm Eastern), or by submitting an online inquiry via this link to verify the amount owed on your account. If you were on any type of leave, ensure you note the dates of your leave in the comments section and they will investigate and make the necessary changes. Debit and credit card payments can be made via this link.  

If you need to complete a Dues Check Off (DCO) form to ensure your dues are automatically deducted from your account, you can access the form here. After printing and signing the DCO, mail it to the Washington, D.C. address at the bottom of the form. Please note the following: the paycheck you receive on the 20th of each month (Advice Date) pays you for all of your flying for the previous month. However, the AFA dues that are payroll deducted from this check pays for the month it was deducted (i.e., the $50 deduction for October 20th will be for October dues, not for the previous month). For those returning to work from one of the mitigated leaves of absence, your dues may not be deducted since you were not active in the previous month.

If you are not able to pay your balance in full, payment options are available and can be coordinated with the Membership Services office. We are here to offer assistance in ways of paying your obligation so it is very important that we work together to ensure that Section 26 C, D & E of our Collective Bargaining Agreement are not applied for non-payment of dues which could result in termination once you have reached a Standing 5 status. We want to ensure the status of your AFA membership stays current and appreciate your prompt attention to correct this issue.

In solidarity,

Melissa, James and Brad

Melissa Osborne, LEC President •  Melissa.osborne@afaalaska.org • 415-275-1322
James Ikehara, LEC Secretary •  James.ikehara@afaalaska.org  • 415-289-9011
Bradley Young, Council Representative • Bradley.young@afaalaska.org • 916-508-3503

Recent Changes to COVID-19 Policies

Recent Changes to COVID-19 Policies

Master Executive Council (MEC) and Grievance Committee

Summary of Recent Changes to COVID-19 Policies

The following is a general summary of what Alaska Airlines management announced in the “Our plan for keeping you and our guests safe from COVID” email that was sent earlier yesterday to all employees regarding the Company’s approach to vaccination and COVID safety measures:

  • No requirement for existing employees to be vaccinated against COVID-19
  • Requirement for new hire employees to be vaccinated against COVID-19 -> This was previously communicated via an August 30th email from VP Inflight Travis Gelbrich “Important updates to pay protection and new hire policies,” which also references exceptions for accommodations required by law for medical exemptions or sincerely held religious beliefs
  • $200 incentive if proof of vaccination is submitted byOctober 15, 2021
  • Pay protection for vaccinated employees during any Company-mandated quarantine period for workplace exposure (for Flight Attendants: as defined by the Inflight division’s contact tracing protocol) -> Already communicated earlier in the week via the email from Travis
  • No pay protection for employees who decline to confirm being fully vaccinated for all COVID-related absences including during any Company-mandated quarantine period for workplace exposure (for FAs: as defined by the Inflight division’s contact tracing protocol) -> Already communicated earlier in the week via the email from Travis and confirmed by the updated contact tracing protocol effective September 2, 2021
  • For employees who decline to submit proof of vaccination by November 1st:
    • Regular COVD-19 testing
    • Must always wear a mask regardless of federal, state, and local requirements
    • Mandatory vaccine education program and acknowledgement of the risks of remaining unvaccinated and the protocols to be followed

Duty of Fair Representation

We know there are very strongly held and polar opposite convictions regarding mandatory vaccination—because we have heard from many of you regarding your expectation that we advocate for your personal position on the issue. However, the reality is that AFA has a duty to fairly represent all Flight Attendants. Consequently, the MEC continues to represent the entire group by faithfully reporting to management:

  • This is a complex issue.
  • Some FAs are passionately opposed to mandatory vaccinations, disclosing vaccination status and disparate treatment of those who decline to disclose their vaccination status.
  • Some FAs are passionately demanding mandatory vaccinations and all efforts to move in that direction.
  • The entire group is experiencing a range of emotions regarding the announced policy changes.
  • Almost everyone seems to be disappointed with at least some aspect of the policy changes.
  • Several questions and concerns about how the new COVID-19 policies will be administered remain unresolved.

Unprofessional and/or Unsupportive Behavior, Disparate Treatment, Discrimination, Hostile Work Environment, and Harassment

The MEC has received concerns about unprofessional and/or unsupportive behavior, disparate treatment, discrimination, and hostile work environment. Regardless of the following legal minutiae, we understand that being at work lately has been more uncomfortable due to the divided opinions about vaccination and management’s recent COVID-19 policy changes.

Unprofessional and/or Unsupportive Behavior

On this point, we agree with Travis: “Our individual views around vaccinations do not warrant unprofessional or unsupportive behavior towards our fellow employees.” We need to find a way to peacefully coexist with each other, or there will eventually be disciplinary consequences. If you or your peers are struggling with experiences of unprofessional and/or unsupportive behavior between union-represented employees, then the MEC recommends contacting AFA EAP/Professional Standards for peer-to-peer handling.

Discrimination

There is a difference between ‘discrimination’ in the sense of (1) inequitable application of a Company rule and/or contract provision and/or disciplinary action versus (2) discrimination of a legally protected class. We will address the former later in the communication. Regarding the latter, our analysis is that the recent COVID-19 policy changes do not qualify as prohibited discrimination of a legally protected class. Even if there were such discrimination, AFA does not have the legal standing to bring forward such complaints under the law–the employee must do that directly.

Disparate Treatment and Hostile Work Environment

The recent vaccination policy changes by management are not technically disparate treatment or creating a hostile work environment under the law because disparate treatment or hostile work environment situations must occur in conjunction with illegal discrimination of a protected class to qualify.

Harassment

If you experience unprofessional or unsupportive behavior, then it is best practice to resolve those concerns directly with the employee(s) or via referral to Professional Standards for peer-to-peer handling. If any Flight Attendant is truly feeling harassed, we recommend bringing those concerns forward to Human Resources. AFA will make our best effort to provide a union representative for support during any conversations with Human Resources. Alternatively, or additionally, you may consider filing a complaint with the relevant government agencies or consulting with an attorney to discuss legal options. 

Inequitable and Unilateral Application of Non-Contractual Company Policy

AFA filed Grievance No. 36-99-2-230-21 Violation of §16 Sick Leave/On the Job Injury in response to management’s recent inequitable and unilateral application of a non-contractual (i.e., extra-contractual) Company Policy:

[AFA is] requesting an investigation and hearing into the following issue:

The Company’s violation of Collective Bargaining Agreement §16 [Sick Leave/On the Job Injury], past practice, and all related sections of the Collective Bargaining Agreement when it announced beginning on or about August 31, 2021, that it would grant pay protection per §21.M [Compensation: Pay Protection…] to vaccinated symptomatic and/or COVID+ Flight Attendants for scheduling obligations removed due to Company-directed quarantine in response to high-risk COVID-19 workplace exposures and deny pay protection under similar or the same circumstances for unvaccinated Flight Attendants or for Flight Attendants who decline to disclose their vaccination status and would instead require them to be removed from their scheduling obligations by forcing them onto sick leave and paid through their sick leave bank or accrued vacation pay if the sick leave bank was depleted. Neither §16 nor §21.M contains any exceptions or distinctions based on vaccination status, yet the Company failed to bargain with the Association and unilaterally implemented such non-contractual exceptions or distinctions inequitably across the collective bargaining unit.

Essentially, we are grieving the fact that management has no basis for applying the contract to some but not all Flight Attendants. Specifically, this is about Flight Attendants who decline to disclose vaccination status or have acknowledged they are not fully vaccinated and management’s denial of access to pay protection vs. sick leave for such FAs. This is because these FAs are inequitably and unilaterally denied pay protection for mandated quarantines under the COVID-19 contact tracing workplace exposure protocol and instead forced onto sick leave regardless of whether they are sick or not. Conversely, FAs who have confirmed they are fully vaccinated are afforded pay protection under the same or similar circumstances. This grievance was filed in response to management’s inequitable application of contractual sick leave provisions and benefits across the collective bargaining unit and not in response to any position about vaccination.

Remaining Questions and Concerns

The MEC recognizes that several details about the recent COVID-19 policy changes remain unclear and possibly may lead to AFA filing additional grievances. We have at least one follow-up meeting already scheduled between management and MEC representatives to discuss questions and concerns, so stay tuned for subsequent developments soon.

Council 35 News August 2021

Important Dates

  • September 7:  Vacation Bidding Opens
  • September 13:  Supplemental Insurance Open Enrollment Begins
  • September 21:  Vacation Bidding Closes 
  • September 24:  Supplemental Insurance Open Enrollment Ends 
  • September 28:  Vacation 2022 Awards Posted

Never Forget

It’s hard to believe the tragedy of 9/11/01 occurred 20 years ago…an event that changed our lives and industry forever.  To commemorate the milestone, AFA and APFA (representing American Flight Attendants) collaborated to create a new 9/11 pin.  Council 35 has enough pins for everyone, so please stop by the SFO Village supervisor’s office and pick one up.  

Alone in Mexico

Did you know our JCBA provides protection to Flight Attendants flying outside the US?  The JCBA§34.A.5.a states that no F/A will travel to a hotel outside the US by themselves.  There was a recent incident involving a Flight Attendant who was left behind in SJD after a scheduling change occurred.   This F/A was aware of the contract and reached out to AFA for assistance during the event.  This is a great example of why it’s important to know your contract, and when something goes wrong, AFA is here to help!

Trending Discipline

from the Grievance Committee

Reserve Not at Base

Reviewing the JCBA§11 which defines the AS reserve rules, the company expects that a reserve Flight Attendant will be within 2 hours of base at the beginning of the assigned reserve availability period (RAP). Commuting into base or being more than 2 hours aways from base at the start of RAP would be considered time card fraud and normally results in termination with the first offense.  Lineholders picking up reserve days should be aware of the reserve rules found in JCBA§11 in order to be familiar with the expectations.  Any reserve F/A or lienholder picking up reserve days who are interested in extra support or guidance, please reach out to the SFO Reserve Committee for assistance.

Delays

When a delay is caused by a Flight Attendant, either due to tardiness or forgotten required item, management typically initiates an investigation.  If it is confirmed that the delay was caused by the FA, discipline will most likely be issued. A first offense can expect a Confirmation of an Oral Warning (COW), unless other discipline is on file, which would increase to the appropriate step based on previous occurrences.

Supplemental Insurance Open Enrollment

from the Benefits Committee
National Group Protection (NGP) announces the open enrollment period for supplemental benefit plans for AFA members.  

NGP offers services to include:

  • Accident Insurance
  • Hospital Indemnity
  • Critical Illness Coverage
  • Whole Life Insurance

NGP offers the following options:

  • Supplemental – these plans supplement any existing coverage
  • Voluntary – members choose to participate
  • Limited Underwriting – no medical or physical exams required
  • Family Coverage – available with all of the plans
  • Portable – members can continue coverage if they leave the company
  • Payroll Deduction – premiums are paid through payroll deduction

The Virtual Enrollment for Alaska AFA members is open from September 13-24, 2021.  

Reminder:  COVID-19 MOU, Section 32 and CA Law

COVID absences are still a regular event for members.  Your Council 35 officers encourage F/As to submit for points forgiveness and follow up with CA state claims to seek additional benefits.  For more information, please revisit July’s Newsletter.

Celebration of Life for Tim Krailo

A message from SFO Chief Pilot Kat Pullis

I wanted to pass along the invitation for the Celebration of Life planned for our dear Tim Krailo and his wife Karen.  Please RSVP as the family is planning on serving dinner around 6:30pm.  If you’d like to attend in uniform to show support from our Alaska family, please feel free to do so.  His family sends a huge thank you to our team for the successful Go Fund Me that we did for their children.  It has been such a challenging year for their family as Tim’s only sister also passed away last month.  Sending all our thoughts and support their way.  

Thank you Majo!

Council 35 extends a warm thank you to Majo Tanco, LAX Benefits Committee, for all the help she provided since COVID-19 emerged on the scene.  Majo was kind enough to fill in and help Council 35 members while we looked for an SFO-based committee member.  We are happy to announce that our new Benefits Chair, Julie Pearson, is now ready to take over where Majo left off.  For inquiries regarding anything benefits related, such as FMLA, medical LOAs and Worker’s Compensation, SFO-based FAs should now reach out to Julie at sfo.benefits@afaalaska.org.  And thank you Majo for letting SFO “borrow” you while we searched to fill the vacancy!

In solidarity,

Melissa, James and Brad

Melissa Osborne, LEC President •  Melissa.osborne@afaalaska.org • 415-275-1322
James Ikehara, LEC Secretary •  James.ikehara@afaalaska.org  • 415-289-9011
Bradley Young, Council Representative • Bradley.young@afaalaska.org • 916-508-3503

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