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        You are here: Home / Archives for vaccination

        Recent Changes to COVID-19 Policies – Part 3

        October 12, 2021 12:00

        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.  

        Filed Under: Latest News, Master Executive Council (MEC) Tagged With: 2021, COVID-19, vaccination

        Recent Changes to COVID-19 Policies

        September 3, 2021 11:00

        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.

        Filed Under: Grievance Committee, Latest News, Master Executive Council (MEC) Tagged With: 2021, COVID-19, grievance, vaccination

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