AFA - CWA US Airways MEC E-Line - "Staying Informed"

The AFA Newsletter for US Airways Flight Attendants

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July 28, 2010    

  • COMPANY REINSTATES PASS TRAVEL FOR FLIGHT ATTENDANTS DEEMED TOTALLY AND PERMANENTLY DISABLED

  • Accessing Wings
  • AFA Local Numbers

Dear Members,

COMPANY REINSTATES PASS TRAVEL FOR FLIGHT ATTENDANTS DEEMED TOTALLY AND PERMANENTLY DISABLED

The Company has reinstated pass travel for Flight Attendants on SSB status- those Flight Attendants deemed totally and permanently disabled. The Company had unilaterally eliminated the contractually mandated travel for such affected Flight Attendants last year. Effective July 20, 2010, that pass travel has been reinstated. All affected Flight Attendants have been notified via a letter from the Company.

A bit of explanation is in order regarding the term "SSB".

With one exception, travel for Flight Attendants on LTD status has been governed by Company Policy. That exception applied to those Flight Attendants who are totally and permanently disabled (as determined by the Social Security Administration). Those Flight Attendants are designated "SSB"

In the years prior to 2005, the Company policy changed several times for Flight Attendants on LTD. For those on SSB status, the subset of LTD Flight Attendants determined to be totally and permanently disabled, the pass travel policy remained constant. In June of 2005, the Company made a change to the travel policy for Flight Attendants on Medical, LTD and SSB status. Previous to that change, Flight Attendants on SSB status were afforded pass travel based on their years of service with the Company. Prior to June, 2005 those benefits were:

Flight Attendants with ten (10) or more active years of service and their eligible family members received unlimited on-line pass travel while those with less than ten years of active service receive the same travel as employees on medical leave (at the time, unlimited on-line travel for the purpose of obtaining medical treatment and two (2) vacation/personal travel to be used anytime during the leave.

As part of the bankruptcy case, the Company sought AFA's approval of the Plan of Reorganization (POR) as part of the Bankruptcy Court's conditions for the Company to exit bankruptcy.

AFA was willing to sign off on, what is called, the "Confirmation Order", if the Company improved certain provision in our contract. The Master Executive Council (MEC) held two meetings in the summer of 2005 to decide what provisions we believed needed the most improvement. At those meetings, the MEC agreed to try to negotiate the following improvements:

  • The Company would be willing to pay sick time at 100% pay and credit for the first sick call in a calendar year up to a maximum of four consecutive days (AFA originally sought pay for the first two sick calls at 100%).
     

  • The Company would agree to extend Medical benefits from the negotiated 180 days to 270 days for Flight Attendants on medical/maternity leave at the active employee rate (AFA originally sought an increase up to 365 days).
     

  • The restoration of the prior pass travel policy for those Flight Attendants on SSB status.
     

  • The Company would agree to eliminate the letter entitled "Deadhead Pay and Credit". (During the course of our contract negotiation the pilots had filed a grievance regarding the VM/DH and the Company had negotiated a letter that said AFA would owe the Company $7.5 million dollars per year in additional cost savings should the pilots prevail in their grievance).

Once the MEC came up with these items the matter was turned over to AFA's bankruptcy attorneys to negotiate an agreement. The result of those negotiations was Side Letter 44 (located in our contract on pages L-44-1-3). Side Letter 44 was approved in the fall of 2005 by the members of the MEC.

With respect to pass travel for Flight Attendants on SSB status, the negotiations reversed an earlier Company policy and reinstated pass travel under the terms of the Side Letter for those Flight Attendants on SSB status at the time.

In November of 2008, the Company announced their intent to change the Company's Policy relating to pass travel benefits for employees on leave. The change was to eliminate the 2 passes per leave and allow unlimited travel for the first 90 days of a leave and then travel would be suspended (except in the case of seeking medical treatment).

Furthermore, as part of this change to Company policy, the Company took the position the terms of Side Letter 44 with respect to SSB pass travel no longer applied and Flight Attendants on SSB status would lose their contractual pass travel and fall under the new Company policy rather than what was negotiated. AFA believed the Company was violating the terms of Side Letter 44.

After several months of attempting to settle the dispute outside of the grievance and arbitration process (which can take years) the Company still refused to honor the terms of the Side Letter. In April of 2009 AFA filed a formal grievance alleging the Company's violation of Side Letter 44 with respect to pass travel for Flight Attendants on SSB status. In December of 2009, a Grievance hearing was held and on April 12, 2010, the Company denied the grievance. The AFA petitioned the System Board of Adjustment on May 13, 2010 to have the dispute arbitrated.

During this time period, AFA performed its due diligence and researched exactly what was negotiated and what the intent of the parties was when Side Letter 44 was drafted and agreed to by the members of the MEC and the Company in 2005.

Through notes from AFA bankruptcy attorneys and Company attorneys it was determined that both parties agreed to reinstate pass travel for those Flight Attendants on SSB at the time the pass travel was reduced in 2005. The notes clearly reveal that while the Company would reinstate that pass travel- or grandfather- SSB Flight Attendants they were not willing to extend unlimited travel to any flight Attendant deemed totally and permanently disabled on a "going forward" basis after Side Letter 44 was negotiated and agreed to.

The Company's decision to reduce pass travel for Flight Attendants on SSB status last year clearly flew in the face of that agreed upon language.

After AFA filed for arbitration in May, several more meetings were held with the Company in an attempt to solve the dispute and avoid a lengthy arbitration process which in the interim would have left those Flight Attendants on SSB status without any pass travel benefits (other than to seek medical treatment).

On January 24, 2010 the Company sent the Union a letter agreeing to reinstate pass travel for Flight Attendants on SSB status per the terms of Side Letter 44 and additionally to include anyone who went out on LTD and then was deemed totally and permanently disabled by the Social Security Administration between November 1, 2005 and the date of signing of the letter.

Throughout this process, the members of the MEC were briefed on the ongoing dispute and finally the Company's agreement to honor the language of Side Letter 44. A formal settlement letter was drafted and distributed to the MEC for their review and approval. A vote of the MEC was taken and the majority approved of the Company's letter honoring the terms of Side Letter 44. I signed the letter on behalf of the US Airways MEC on July 14, 2010.

Thank you,

Mike Flores, MEC President
The US Airways Master Executive Council
AFA-CWA



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www.afausairways.org

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AFA Local Numbers
 

Council 41 DCA 703-212-8090
Council 70 PHL 215-492-0840
Council 89 CLT 704-527-0325


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