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        You are here: Home / Archives for grievance

        Filing an Individual Grievance in Regards to Applying Alaska Air Group Date of Hire to Non-revenue Travel Priority

        October 13, 2015 15:50

        Flight attendants have requested to file individual grievances per Section 19 of the Collective Bargaining Agreement in regards to Applying Alaska Air Group Date of Hire to Non-revenue Travel Priority.  If any member would like to utilize this provision, this is a reminder to contact the MEC Grievance Chair Jennifer Wise MacColl (jennifer.wisemaccoll@afaalaska.org) as soon as possible to receive a grievance number and instructions that will be sent to you during normal business hours. The issue is timely as management notified Flight Attendants on September 1, 2015, of the roll back.   In order to file a grievance per the 30 business days required by the contract, individual grievances should be filed by close of business at 5pm PT this coming Wednesday, October 14, 2015. 

         

        If you have any questions or concerns, contact your Local Executive Council president: ANC | SEA | PDX | LAX | SAN.

         

        In solidarity,

         

        Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Gesch, Lisa Pinkston, Laura Masserant, Cathy Gwynn, Sandra Morrow and Stephen Couckuyt; MEC Grievance Chairperson Jennifer Wise MacColl and AFA Senior Staff Attorney Kimberley Chaput

        AFA Alaska

        Filed Under: Grievance Committee, Latest News Tagged With: 2015, grievance, non-rev, non-revenue

        [Revised] Applying Alaska Air Group Date of Hire to Non-revenue Travel Priority Grievance Update

        October 10, 2015 09:00

        [Note: Individual grievances must be filed by close of business at 5pm PT Wednesday, October 14, 2015.]

         

        Management unilaterally changed the employee travel pass policy on May 1, 2012

         

        On May 1, 2012, Alaska Airlines management unilaterally made a significant change to the employee travel pass policy. Effective that day, almost all Alaska Airlines employees who had previous service with Horizon Air had their year of hire adjusted to their Alaska Air Group (AAG) date of hire for the purposes of non-revenue travel priority. AFA and ALPA filed grievances in response to the May 1, 2012, change.  More detailed background information can be found after the signature block and AFA Alaska logo below.

        Recent developments

         

        In recent developments ALPA settled its grievance, and management granted the AFA grievance. Management announced the intent to roll back the Alaska Flight Attendants and Pilots who are former Horizon employees and to return their travel priority to their Alaska Airlines date of hire. While all employees (formerly from Horizon) hired after July 2012 and those in the Flight Attendant and Pilot work groups are being handled consistently, a small number of employees remain in the other work groups who were not rolled back to their Alaska Airlines date of hire for travel seniority.

         

        Flight Attendants impacted by this decision were notified in early September that their date of hire for travel would revert to the Alaska Airlines hire date and that they would receive new badges. This has caused understandable disappointment and frustration for our members impacted by the change.

         

        AFA’s assessment

         

        AFA advised management that it does not believe that the resolution allowing a small number of employees to retain a date of hire boarding priority that is unavailable to the rest of the employees in the company is equitable and just, or a full resolution of the grievance. In our opinion the overall implementation of the policy changes since the original change in May of 2012 has been badly mishandled. The failure to fully review the original policy change, failure to consult with the Labor groups involved or to assess the potential conflict with their Collective Bargaining Agreements is unacceptable.

         

        Difficult decision

         

        AFA was left with the difficult decision on how to proceed. The Master Executive Council (MEC) consulted with our AFA staff attorney to determine if filing a new grievance in order to pursue a uniform policy for all employees, while upholding our contractual language regarding benefits and company seniority, was possible. Ultimately the advice was that a grievance initiated by AFA would be unlikely to succeed, as it would be attempting to change the policy for employees in other work groups, who are covered by their own collective bargaining agreements.

         

        After much discussion, the MEC decided that no further grievances would be filed on this issue, and that the rollback for flight attendants would stand (as will the rollback for pilots, based on ALPA’s settlement). This was a very challenging conclusion for all and the vote was not unanimous. The MEC has spent over three years attempting to resolve this difficult issue, constantly operating with the knowledge that no matter the resolution, one portion of our membership would be negatively impacted.

         

        Filing an individual grievance

         

        The MEC understands that our members who were formerly employed by Horizon feel very strongly about the issue.   Many have requested to file individual grievances per Section 19 of the Collective Bargaining Agreement. If any member would like to utilize this provision of the contract and file an individual grievance they have the ability to do so and should contact the MEC Grievance Chair Jennifer Wise-MacColl (jennifer.wisemaccoll@afaalaska.org) to receive a grievance number and instructions. The issue is timely as management notified Flight Attendants on September 1, 2015, of the roll back.   In order to file a grievance per the 30 business days required by the contract, individual grievances should be filed by close of business at 5pm PT this coming Wednesday, October 14, 2015.

         

        * * *

         

        If you have any questions or concerns, contact your Local Executive Council president:

        ANC | SEA | PDX | LAX | SAN.

         

        In solidarity,

         

        Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Gesch, Lisa Pinkston, Laura Masserant, Cathy Gwynn, Sandra Morrow and Stephen Couckuyt; MEC Grievance Chairperson Jennifer Wise MacColl and AFA Senior Staff Attorney Kimberley Chaput

         

        AFA Alaska

        Additional Background Information

         

        On May 1, 2012, Alaska Airlines management unilaterally made a significant change to the employee travel pass policy. Effective that day, almost all Alaska Airlines employees who had previous service with Horizon Air had their year of hire adjusted to their Alaska Air Group (AAG) date of hire for the purposes of non-revenue travel priority. Prior to this change there was a long standing past practice that any employee who entered a work group covered by a Collective Bargaining Agreement did not retain their AAG date of hire for non-revenue travel priority. The May 1st change directly affected over three hundred (300) employees and their travel seniority changed—approximately one hundred fifty (150) of them flight attendants.  Some of those employees now had travel seniority greater than Alaska Flight Attendants who had been hired at Alaska before the former Horizon employees transferred to Alaska. In effect, the change impacted all Alaska Flight Attendants.

         

        Then in July of 2012 management changed its policy again and determined that all former Horizon employees hired after July 1, 2012, would receive only their Alaska date of hire as their travel seniority. This left the group of 300 as the only employees utilizing their AAG date of hire for non-revenue travel priority. There have been numerous questions regarding longevity for retirement and if this change negates previous service with Horizon Air for purposes of retirement eligibility. The short answer is that this changes impacts date of hire only for non-revenue travel priority.

         

        AFA and ALPA filed grievances in response to the May 1, 2012, change.  This was not something we undertook lightly, because many of our flight attendants are former Horizon employees.  Ultimately, however, the Master Executive Council (MEC) filed the grievance because we felt—and still feel—that the Company’s actions abrogated our seniority.  Seniority is the bedrock of our contract and the guiding principle governing our work rules.  The grievance was intended to protect our contract and the workgroup as a whole, not to hurt a group of flight attendants.  In addition the MEC weighed the decision of taking no action and the implication that would have if AAG were to acquire new carriers.   The MEC was concerned that not grieving the May 1, 2012, change would adversely affect our ability to protect the travel seniority of our Flight Attendants—including former Horizon flight attendants.

        Filed Under: Grievance Committee, Latest News Tagged With: 2015, grievance, non-rev, non-revenue, travel

        Maternity Leave Grievance

        September 25, 2014 20:00

        This is an important communication regarding the Maternity Leave provision of the Collective Bargaining Agreement, Section 15.D and Company policy as stated in a newly published Maternity Leave Handbook. If you are currently on/or beginning MLOA please read this entire article.

        Over a year ago, management reached out to AFA to express concern that Section 15.D.2 (shown below), might be in violation of The Pregnancy Discrimination Act of 1978.

        …[A] Flight Attendant may continue to work through the twenty-eighth (28th) week of pregnancy. After the twenty-eighth (28th) week of pregnancy, the Flight Attendant will be presumed disabled due to her pregnancy. After the twenty-eighth (28th) week of pregnancy, or whenever such Flight Attendant’s Doctor determines that she is unable to work due to her pregnancy, whichever occurs first, the Flight Attendant will request maternity leave.

        Management asserts that presuming a Flight Attendant is disabled due to pregnancy after 28 weeks may be discriminatory under Federal Law. Since adoption of the original language in 1994, the Association is not aware of any Flight Attendant who has requested to continue working after 28 weeks of pregnancy. AFA and management had a series of brief discussions regarding a change to the language, which would preserve the intent of the language and eliminate any concern with compliance under the Act.  Management proposed much broader changes to the language than AFA felt were necessary and unfortunately the discussions quickly ended.

        Management advised AFA that it was considering imposing a new company policy allowing a Flight Attendant to continue working after 28 weeks. AFA responded that an immediate grievance would be filed, due to the clear contract language in Section 15.D.2.

        In July 2014, AFA became aware that management had posted a new Maternity Leave of Absence Handbook online, without notice to AFA or communication to the Flight Attendant group. On page 4 of the handbook a single sentence was added,

        If you do not intend to continue to fly after the twenty-eighth week of pregnancy, your leave may begin on the date indicated on this form (the first day of the twenty-ninth week of pregnancy).

        Based on this change AFA has filed a grievance.

        Why is this happening now?

        Setting aside the legal arguments regarding the language, it appears the inflight management became concerned with this language because some Flight Attendants (depending on their respective state laws) qualify for both Short Term Disability and Unemployment. For example, a Flight Attendant could get STD because of her pregnancy, but could also claim unemployment because she was not being allowed to work when she was capable of doing so. In the last year, management has been reporting to Washington State that Flight Attendants are on a voluntary medical leave as opposed to a required leave, or due to disability. Alaska is reporting to the state that Flight Attendants who go out on Maternity Leave are able to perform their duties but are voluntarily choosing not to work. This has resulted in Flight Attendants’ having their claims denied and then having to go through the appeals process to obtain unemployment. Most have had to hire attorneys to assist with the process.

        State law stipulates the terms of unemployment, and the state (not the employer) ultimately determines if an employee is eligible for benefits. Flight Attendants for many years have qualified due to the unique situation in which they find themselves. They are medically disabled from performing their Flight Attendant duties; however, they are perfectly capable of working in a normal job. It is truly unfortunate that management is making the process more difficult for Flight Attendants. They have changed they way they report a maternity leave status to the state; they have removed the mention of unemployment from the Maternity Handbook; and they have unilaterally implemented a new policy allowing Flight Attendants to continue working after the 28th week of pregnancy.

        It is very concerning that these changes were made with no notice or communication to the Flight Attendant group. If management is so concerned about correcting what they see as a violation of Federal law why didn’t they immediately communicate it to Flight Attendants?

        If you are preparing to go out on a Maternity leave, the changed policy requires you to do the following:

        • Fill out the Maternity Notification From (S-131)
          • This notifies the company of your pregnancy
          • It gives you the option of choosing whether you want to continue to fly.
        • You may receive an email from your leave coordinator asking when you would like to go out.

        If you choose to continue working, you can do so until you elect to go out on leave (sometime after 28 weeks) or until your doctor determines that you are not fit to fly, whichever is earlier. If your doctor allows you to work until delivery, that would be acceptable under this policy.

        If you are currently out on a Maternity Leave, there may be benefits to returning to work under this new policy. Please contact your leave analyst to do so:

        • Sabrina Blevins (last names A-K) at (206) 392-6124
        • Beth Swanson (last names L-Z) at (206) 392- 6122

        The bottom line is that AFA does not condone discrimination based on pregnancy. The language in Section 15 was agreed to by the parties and has been in place for decades—through three contracts! It stipulates that Flight Attendants are disabled from performing their Flight Attendants duties, which is directly related to the physical requirements of our daily job and the limitations of advanced pregnancy. We do not agree that Alaska has the unilateral right to change a 20-year-old contract provision without our agreement—especially when its action can have a negative effect on our flight attendants! This is especially true given that we have never had a Flight Attendant raise an objection to the language in 15.D.

        This new policy places a tremendous amount of pressure on pregnant Flight Attendants, who are often relatively junior, to continue flying in order to obtain pay and medical coverage. The practical reality is that Flight Attendants may be forced to continue flying, resulting in an increase in sick online due to pregnancy.   In the extreme, it could cause a Flight Attendant to risk her health and safety by continuing to fly when she otherwise would not have done so. AFA objects not only to the new policy but the way it has been implemented, with little to no information nor explanation of what choices a Flight Attendant has available to them.

        AFA will be providing a list of requested edits to the Maternity Leave of Absence Handbook. In the interim, if you are going out or are currently out on Maternity Leave and have questions, we strongly encourage Flight Attendants to contact their local AFA Maternity Representative for assistance. You’ll find contact information at http://afaalaska.org, then by selecting your base from the local council menu.

        In addition, there will be a Seattle Maternity Roundtable on October 16, 2014 from 12:30 – 3:30. If you are considering starting a family or are currently pregnant, this is an excellent chance to receive important information regarding Maternity Leave.

        In solidarity,

        Your MEC – Jeffrey Peterson, Brian Palmer, Yvette Gesch, Becky Strachan, Laura Masserant, Cathy Gwynn, Sandra Morrow, Stephen Couckuyt, MEC Benefits Chairperson Terry Taylor and MEC Grievance Chairperson Jennifer Wise-MacColl

        MEC 5B Logo

        Filed Under: Benefits Committee, Grievance Committee, Latest News Tagged With: 2014, grievance, maternity

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