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    You are here: Home / Archives for Virgin America

    AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks) – Part 2

    July 14, 2022 12:00

    Master Executive Council (MEC)

    • AFA has previously communicated several times regarding the Supreme Court ruling on Bernstein v. Virgin America, the potential impact, and how our perspective differs from that of management.
    • To clarify, AFA did not initiate this lawsuit but did file an amicus brief in 2020 in support of upholding the Ninth Circuit Court’s ruling on the case. AFA has been and remains ready to negotiate solutions but will not agree to categorically undermine the rights of our members as it applies to benefits under state law.
    • AFA International will be hosting a virtual union meeting on Wednesday, July 20th to discuss the facts about how the ruling will affect Flight Attendants in California.

    Alaska Airlines management hosted a series of webcast sessions last week for the Inflight division to discuss the recent Supreme Court ruling on Bernstein v. Virgin America (re: CA meal & rest breaks) and its potential impact

    As previously communicated, AFA has a very different perspective than management. 

    • Click here for “Part 1” (AFA Alaska – July 8, 2022) >
    • Click here for “Supreme Court Ruling on Bernstein v. Virgin America” (AFA Alaska – June 30, 2022) >
    • Click here for “Meals & Rest – Don’t Exempt, Negotiate” (AFA International – May 27, 2022) >

    AFA’s formal involvement in Bernstein v. Virgin America

    AFA did not file this lawsuit. Bernstein was initiated years ago by several Legacy Virgin America (L-VX) Flight Attendants prior to the merger between Virgin America and Alaska Airlines. The case then wound its way through the court system for years. In January 2020, AFA filed an amicus brief* (technically a brief of amici curiae*) in support of upholding the Ninth Circuit Court’s ruling on Bernstein. 

    Click here for AFA’s Ninth Circuit amicus brief in Bernstein v. Virgin America >

    * In American law, amici curiae (Latin for “friends of the court”) typically refers to interested parties who request to provide legal submissions so as to offer relevant alternative or additional perspective regarding the matters in dispute; the legal submission by the amici curiae is often called an amicus brief.

    A path forward

    AFA has been and remains ready to negotiate solutions but will not agree to categorically undermine the rights of our members as it applies to benefits under state law. However, there is potential for targeted legislative fixes or clarifications to California meal and rest requirements that do not neatly fit into the unique circumstances of Flight Attendant duties on commercial aircraft. AFA remains willing to work with the airline industry and other labor stakeholders to achieve a mutually agreeable path forward.

    Get the Facts: Bernstein and California Meal and Rest Break

    AFA International will hold a virtual union meeting for Flight Attendants only on Wednesday, July 20th at 2 PM Pacific time. Hear from AFA International President Sara Nelson, AFA General Counsel Joe Burns, and other experts on the facts surrounding the Bernstein case and what it means for Flight Attendants in California.

    Click here to RSVP

    Filed Under: AFA Alaska News Now Tagged With: Bernstein, California, meal, rest, Virgin America

    AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks) – Part 1

    July 8, 2022 17:00

    Master Executive Council (MEC)

    • Alaska Airlines management held a series of webcast sessions for Flight Attendants to discuss possible impacts of the recent Supreme Court ruling on the Bernstein v. Virgin America case.
    • AFA believes that management’s intent of the sessions was to motivate Flight Attendants to pressure lawmakers to pass laws that exempt the airline industry from applying worker-friendly state and local labor laws to flight crew.
    • At the same time, AFA is willing to work with the industry, other labor unions, and additional stakeholders to address the challenges presented by California meal & rest break laws through legislative clarification and/or alternate solutions.

    AFA Alaska has a very different perspective than that being offered by management

    Alaska Airlines management hosted a morning and afternoon webcast session yesterday for the Inflight division about the Supreme Court of the United States (SCOTUS) decision on Bernstein v. Virgin America, and AFA Alaska leadership participated in both sessions. The webcasts mainly focused on the implications of the ruling for California meal and rest break laws and management’s plans to comply with the law. Not surprisingly, AFA has a very different perspective than that being offered by management. 

    Why such dire warnings about potential base downsizing or closures?

    In our opinion, it is extremely premature and unnecessarily anxiety-provoking of management to suggest that downsizing or closing California domiciles is anything but a worst-case scenario. The reality is that it’s anyone’s guess what actual compliance with the law will look like at this juncture, so why would management “go there” with such dire warnings about potential base downsizing or closures in California? Or to even go so far as to suggest that this may happen in Washington and/or Oregon in the future? 

    Management’s ulterior motives – and why AFA opposes these efforts

    Management is citing transparency about the growing challenges of operating an airline in certain localities as “the” reason. Coincidentally, those same localities have very worker-friendly labor laws on the books. Although management’s desire for transparency may indeed be a factor, the MEC believes there is also an underlying ulterior motive: to motivate you – especially CA-, OR-, and WA-based FAs – to pressure your legislators to pass laws that completely exempt airlines from applying state and/or local laws to flight crew. Management was certainly keen to encourage Flight Attendants to lobby their legislators accordingly during yesterday’s webcasts!

    From our point of view, if Alaska Airlines and the other Airlines for America (A4A) management groups had their way, then only federal laws and collective bargaining agreements would apply to flight crew. Although we acknowledge that management has some legitimate concerns, those concerns do not justify sweeping general exemptions from all state and local laws for all airline flight crew. Consequently, AFA will continue to oppose management’s efforts to categorically undermine worker’s rights laws in this regard.

    Where AFA and management are potentially aligned

    However, AFA is not opposed to the airline industry seeking reasonable and specific waivers or variances to California meal & rest break laws where applicable. AFA has also previously signaled our willingness to work with the airline industry and other labor stakeholders on potential legislative clarifications and/or fixes to problematic provisions in the California meal & rest break laws. AFA remains willing to do so. 

    Labor and management have a mutual interest in maintaining a heathy airline industry and to not unnecessarily disrupt the lives of our flight crews. By working together, we are confident that all parties can achieve a mutually agreeable path forward. 

    The MEC will communicate more details in Part 2 next week.

    Filed Under: AFA Alaska News Now Tagged With: Bernstein, California, meal, rest, Virgin America

    More Details Tomorrow: AFA’s Response to Management’s Webcasts About Bernstein v. Virgin America (California Meal & Rest Breaks)

    July 7, 2022 16:39

    Master Executive Council (MEC)

    • AFA Alaska leadership is participating in the Company’s webcasts today about California meal and rest break laws.
    • It is extremely premature and unnecessarily anxiety-provoking to suggest that downsizing or closing California domiciles is anything but a worst-case scenario.
    • Management is mischaracterizing AFA’s involvement in the Bernstein v. Virgin America case.  The MEC will communicate more details tomorrow after coordinating with the AFA International officers and with AFA Legal.

    Alaska Airlines management is hosting a morning and afternoon webcast session today for the Inflight division about the Supreme Court of the United States (SCOTUS) decision on Bernstein v. Virgin America, the implications for California meal and rest break laws, and management’s plans to comply with the law. AFA Alaska leadership is participating in both sessions and based on this morning’s session alone we will definitely share a different perspective with our members than that being offered by management. 

    In the meantime, we offer these initial observations/opinions: 

    (1) It is extremely premature and unnecessarily anxiety-provoking of management to suggest that downsizing or closing California domiciles is anything but a worst-case scenario when the reality is that it’s anyone’s guess what actual compliance with the law will look like; and 

    (2) Management is mischaracterizing AFA’s involvement in the Bernstein v. Virgin America case.

    The MEC will communicate more details tomorrow after coordinating with the AFA International officers and with AFA Legal.

    Filed Under: AFA Alaska News Now Tagged With: Bernstein, California, meal, rest, Virgin America

    More About ASAP

    December 26, 2017 12:00

    As previously mentioned in a communication from the AFA Alaska Master Executive Council (MEC), pre-merger Virgin America Flight Attendants will soon be participating in the Aviation Safety Action Program (ASAP).  ASAP is an FAA program that allows Flight Attendants to self-disclose unintentional violations of CFRs or company safety policy without fear of disciplinary action from management or enforcement action from the FAA.  The intent of the program is to improve procedure, processes, and training through increased reporting of safety-related incidents that might otherwise go unreported.

    Management will soon be putting out more information about ASAP, including a required computer based training (CBT) and information about the start date of the program for pre-merger VX Flight Attendants

    Your AFA ASAP Representative

    As part of the program, all ASAP reports received are de-identified (names and identifying information removed) and then reviewed by an Event Review Committee (ERC) made up of one representative each from AFA, the Company, and the FAA. Brad Young has been appointed as the AFA ASAP ERC Representative for pre-merger Virgin America Flight Attendants.

    About Brad

    Brad has been a San Francisco-based Flight Attendant with Virgin America for 8 years.

    In 2012 and again in July of 2013, Brad assisted with a handful of fellow Flight Attendants in approaching, educating, signing and achieving enough cards for a successful vote to help bring representation to the Virgin America Flight Attendants.

    “The Aviation Safety Action Program (ASAP) is a critical component in the success of the Alaska Airlines Flight Attendants and there is no better time to be involved in this unique and successful program to involve the Virgin America Flight Attendants.   With the assistance of AFA, my role in the ASAP will take us all to the next level of airline safety and security out on the line for our workgroup,” says Brad.

    Brad graduated from Sierra College with a degree in Criminal Justice: Law Enforcement and Psychology.  Prior to joining Virgin America, Brad worked for the State outside Sacramento, California.  Brad is currently studying several degree courses at Embry-Riddle Aeronautical University in Aviation Security and Safety Management.

    Brad currently resides in San Jose, California where he enjoys being outdoors, being an aviation history nerd, landscape photography, cooking and studying to get his Private Pilots License (PPL) for recreation.

    Learn More About ASAP

    In addition to the company’s CBT that will be released soon, you can find more information about the program on the ASAP page of the AFA Alaska website.  ASAP resources are also available on the FAA website.

    Questions?

    ASAP-related questions can be directed to pmVX ASAP ERC Representative Brad Young at bradley.young@afaalaska.org

    In Solidarity,

    Melissa, Jamie, and Brad

    Filed Under: Council 35 SFO Tagged With: 2017, ASAP, Council 35, Virgin America, VX

    Aviation Safety Action Program (ASAP) Update

    December 18, 2017 05:00

    New FAA Memorandum of Understanding outlines program for both pre-merger Alaska and Virgin America Flight Attendants

    AFA is pleased to announce that a new Aviation Safety Action Program (ASAP) Memorandum of Understanding (MOU) has been signed by management, the FAA, and AFA, renewing the ASAP program for another two years.  The new MOU includes a provision to roll out an ASAP program to pre-merger Virgin America Flight Attendants in the near future and then integrate the pre-merger Virgin America ASAP program into the pre-merger Alaska ASAP program once a single collective bargaining agreement and integrated seniority list have been achieved.

    Click here to view the new ASAP MOU

    Along with the ASAP MOU, an accompanying letter of agreement (LOA) has been signed that specifically apply to the Flight Attendants at each specific pre-merger airline.  The LOAs spell out additional protective provisions of the program that complement the MOU.

    Click here to view the ASAP additional provisions LOA for pre-merger Alaska F/As
    Click here to view the ASAP additional provisions LOA for pre-merger Virgin America F/As

    IMPORTANT: ASAP Reporting Timeline Change for Pre-Merger Alaska Flight Attendants

    One important change to the ASAP program involves the timeframe for filing a report under the protective provisions of the program.  Previously, ASAP reports needed to be filed no later than 24 hours after the end of the sequence during which the event occurred.  Recently, the FAA has moved to a new standard template MOU that changes that timeline; this template was used to renew the AS ASAP program.  Under the new ASAP MOU, reports must be submitted no later than 24 hours after the end of the duty period during which the event has occurred in order to qualify for the protective provisions of the ASAP program.

    Coming Soon: ASAP for Pre-Merger Virgin America Flight Attendants

    AFA and management have also agreed to establish an ASAP program for pre-merger Virgin America Flight Attendants.  Please note that even though the ASAP MOU and LOA have been signed, the ASAP Program for pre-merger Virgin America Flight Attendants is not yet in effect.  A timeline for implementation is currently being discussed with management and more information will be communicated regarding training as well as the date the program will be effective.

    Questions?

    Pre-Merger Alaska Airlines Flight Attendants

    If you have questions about the ASAP program, please contact AFA ASAP ERC Representative Ronda Ruderman or a member of your Local Air Safety, Health, & Security Committee (ASHSC).

    Pre-Merger Virgin America Flight Attendants

    If you have questions about the upcoming ASAP program, please contact your Local Council Officers.

    In Solidarity,

    Your MEC – Jeffrey Peterson, Brian Palmer, Linda Christou, Lisa Pinkston, Terry Taylor, Mario de’Medici, Melissa Osborne, Tim Green and Brice McGee

    Filed Under: Air Safety, Health, & Security Committee (ASHSC), Latest News Tagged With: Alaska, ASAP, ASHSC, safety, Virgin America

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    Alaska Flight Attendants are struggling to afford living expenses, let alone enjoy holiday shopping for their loved ones. It’s time for Alaska management to prove they care with an industry leading contract!
    On December 14, 2023, United Airlines Flight Attendants will take to the picket line - their holiday spirit of unity and solidarity burning brighter than ever. They are determined to strengthen their power and demonstrate their unwavering commitment to securing a contract that genuinely values their work and contributions to United Airlines. As holiday travelers take to the skies, United AFA Flight Attendants will ensure their voices are heard loud and clear. They are unified and ready to do "Whatever It Takes" to get the contract they have rightfully earned!
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    Join The Picket Line: Support United Flight Attendants on Thursday, December 14

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    Master Executive Council (MEC) On December 14, 2023, United Airlines Flight Attendants will take to the picket line – their holiday spirit of unity and solidarity burning brighter than ever. They are determined to strengthen their power and demonstrate their unwavering commitment to securing a contract that genuinely values their work and contributions to United […]

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    Air Safety, Health, & Security Committee (ASHSC) As Flight Attendants, our top priority is ensuring everyone onboard the aircraft has a safe and comfortable experience. However, despite our best efforts, unexpected situations can still arise. One such situation is a fume event, which can be caused by smoke, fumes, or a strong odor in the […]

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