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Q
and A #1
After
completing the first half of Road Shows series the JNC has compiled a list of
the most frequently asked questions from members during the schedule. The
JNC will publish additional Q and A documents to address PBS, ISAP, Insurance
and other question posed to the committee.
Did
the JNC propose over $50 per hour in Compensation?
Yes.
Our initial proposal was over $60 per hour and we held at over $50 per hour
until the NMB refused to schedule more meetings if we continued to be so far
apart from the company. The Company started out proposing $41.51 (current East
rates).
How
do our wage rates compare with our Legacy competitors?
Date of
Signing in the TA is $46.00 at the 15 year step (one additional step added to
East contract).
United
(new TA) DOS - $43.73
Delta- $45.74
American- $46.00 (currently in bankruptcy)
CAL- $53.25 (very few work rules, i.e. duty
rigs)
Did
we keep our Me-Too with the pilots on per diem?
Yes.
If the pilots negotiate higher per diem such rates shall apply to Flight
Attendants.
Did
we keep Profit Sharing?
Yes.
The TA contains the current profit sharing provisions and formula.
Have
the East Scope protections been retained?
Yes.
The protections for Flight Attendants in the current East contract have been
maintained, including Labor Protective Provisions, strong successorhip language,
partial transaction language, and minimum aircraft language on the same basis as
the pilots. This was the final piece of the negotiations. The company and
the NMB tried every way to persuade the JNC to move off our demands that Scope
be retained. The JNC absolutely refused to compromise and in the end the
Company gave in to the JNC's demands.
Does
Paragraph B.4 of Scope mean that our scope clause goes away in the event of a
merger?
Absolutely not. B.4. provides that in addition to all other protections
in the Agreement, any flight operated by US Airways pilots operate a flight, a
US Airways Flight Attendant shall operate that flight. This is a catch-all
provision which does not replace the existing scope language but adds to it.
The
last sentence of Paragraph B.4 simply states that if US Airways pilots were to
reach a merged contract and an integrated seniority list prior to the Flight
Attendants, we would not necessarily only be flying with US Airways pilots.
With or without Paragraph B.4, this is what would happen. Consider if several
years ago, US Airways pilots had not gotten into a seniority dispute and reached
a deal with the company. They would have integrated the network and Flight
Attendants would not have necessarily flown with East or West pilots.
Paragraph B.4 adds to our existing scope language and does not diminish it in
any way.
What
are the Labor Protective Provisions in the Tentative Agreement?
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Labor Protective Provisions
retained, with the exception of the home purchase protection. LPP's retained
include:
- Three years of income maintenance if
income reduces in the event of a merger.
- Displacement allowance for up to
five years at sixty percent of salary, plus health care.
- Severance pay of up to one year of
salary in lieu of displacement allowance.
- Moving expenses and Filling of
Vacancies as provided for in the collective bargaining agreement.
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Combined these LPPs place a heavy
financial penalty if the company conducts a merger which leave US Airways Flight
Attendants without jobs.
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Eliminates home purchase protection
(lost in bankruptcy).
Does
Successorship language go away after 12 months?
Absolutely not. Both the East contract and the Tentative Agreement require a
successor which acquires all or substantially all of a carrier in a single
transaction or a multi-step transaction to adopt the collective
bargaining agreement. Additionally, the partial transaction language applies
to any transaction which involves the sale of more then 20% of the assets in a
12 month period. The Tentative Agreement defines a multi-step transaction as
any one which closes within a 12 month period. So for each transaction, one
would look back 12 months and see if it triggered these provisions.
Did
the JNC consider the new pilot regulations when negotiating the Hours of Service
Section? (Section 10 Hours of Service)
Yes. The JNC took a hard and detailed look at the new pilot regulations scheduled to
go into effect in 22 months. The new regulations eliminate 30 and 7 and
compensatory rest periods and are built around cumulative pilot duty time in a 7
and 28 day period. The new regulations limit a pilot's ability to fly
back-to-back trips and will make it difficult to get their monthly time in. The regulations allow pilots to fly up to 7 legs in a day worth 9 hours of block
time. Cumulative Duty Period limitations in the new pilot regulations will
impact pilot trip and line construction limiting flexibility and restricting
many back to back trip combinations we currently fly.
In the
current East contract, we have no way to negotiate our own duty limits, rigs and
rest periods. Pairings and lines are built to accommodate the pilot FARs. With
the FARs changing the pairings and lines will have to be built to accommodate
the new pilot rules Under the current agreement Whatever the pilots get or
negotiate, we get (Current Agreement - Section 10.L) without any
negotiation from AFA.
Based
on the new rules, the JNC negotiated a three leg limit for any trip that has a
block time of over 8 hours. We reduced the duty day length the pilots will be
able to fly in almost all cases. In no case will Flight Attendants have a duty
day longer than the new pilot FARs. Flight Attendants will still have the
option to fly back to back trips. We increased our current contractual Home
Domicile and RON rest periods.
What
is an Involuntary Assignment? (Section 10, Scheduling Paragraph I and Section
12, Reserve Paragraph M).
The TA
does not allow for involuntary assignments to Lineholders other than in the very
limited circumstances in the current East contract. That means they can't
just grab a Lineholder or Reserve after a trip and assign them another trip. To
involuntary assign a Flight Attendant management must go through the very
detailed language in the Priority of Trip Assignment process (Section 12,
Reserve Paragraph M.) including assigning supervisors to fly before a Lineholder
can be assigned in reverse seniority order. The method of involuntary
assignment is the same language as in the current East contract.
The
only difference is that in the unlikely event management is able to jump through
all the hoops in the Priority of Assignment language and make an involuntary
assignment, they will have to pay a premium. Unlike the current East contract,
a premium of 150% pay for the pairing value is paid and the credit is 100% if a
Lineholder is involuntarily assigned.
What
happens if Crew Scheduling violates our contract if we are not co-paired?
(Section11, Hours of Service, Paragraph Q.5)
We
negotiated contract language providing penalty pay if Crew Scheduling violates
the contract. Once a Flight Attendant has commenced a pairing any violation of
the Scheduling, Hours of Service, LODO, International or Reserve sections of the
agreement shall cause the entire pairing to be paid at 150% and 100% credit.
How
many times can the company schedule aircraft swaps in a duty period? (Section
10, Paragraph B.1)
During
pairing construction, no more than 30% of duty periods which contain aircraft
swaps can contain more than one aircraft swap and never more than two swaps per
duty periods.
Is
there a limit to the number of four-day pairings the company can build?
(Section 11 Hours of Service, Paragraph K.5)
Yes. No
more than 30% of domestic pairing can be built as four day pairings in any
domicile.
Why
are we not co-pairing with the pilots as is the practice on the East?
In
order to co-pair, pilots and Flight Attendants groups must both have single
contracts. At this time, it appears very uncertain when the pilots will reach
a single agreement. Therefore, in concurrence with the Master Executive Council
(LEC Presidents), the decision was made to pursue a Flight Attendant agreement
with improvements and not co-pair rather than wait for the pilots to reach a
single agreement. Flight Attendants will continue to be co-paired on
Transoceanic International (TI) pairings.
Does
this mean East Flight Attendants have lost their "me-too" protections?
No.
All of the me-too clauses have been retained and in many cases improved. For
example, we now have our own duty rigs that are better than the current contract
and can only be changed by negotiations with the union - not changed by what
happens in pilot negotiations. Another example is Deadhead. Upon Date of
Signing of the TA DH will pay 100% pay and credit for Flight Attendants.
Can
we ever co-pair again? (Section 11, Paragraph Q.4)
The
company and the union have agreed that in future negotiations either party has
the right to propose to co-pair and negotiate such provisions without any
prejudice to our position.
Will
we co-pair on Transoceanic International trips? (Section 11, Hours of Service,
Paragraph Q.2)
Yes.
All Transoceanic pairings will be co-paired with the pilots.
What
is the Transoceanic International Delay Incentive? (Section 14, International
Paragraph N.9)
Anytime
a flight is delayed in a TI station by more than 10 hours an additional minimum
day will be added to the value of the trip. Once the delay is greater than 24
hours an additional minimum day will be paid and for each subsequent 24 hour
period or fraction thereof an additional minimum day will be paid. All
additional minimum day pay will also include all premiums associated with the
trip.
Does
the TA mean that if a Flight Attendant is 65 years old they lose their Company
Medical insurance? (Section 26 Insurance, Retirement and other Benefits
Paragraph A)
No.
All employees, regardless of age, are entitled to Company medical plans. This
is required by law and provided for in the TA. The TA also has language about
Retired Flight Attendants. Retired Flight Attendants age 65 and over are not
entitled to participate in the Company medical plans.
As long
as a Flight Attendant is working, regardless of age such Flight Attendant
remains eligible for medical insurance at active employee rates.
Does
the TA provide for a longer period of time a Flight Attendant on Medical Leave
is eligible for active rate medical coverage?
Yes.
The current East contract provides for 270 days of medical insurance at active
employee rates for someone on Medical Leave. The TA provides the same 270 days
plus the time available under FMLA legislation and the entire month the medical
leave starts.
Why
is a Reserve charged 3+56(30 day month) or 3+45(31 day month) for calling off
sick on an AVL day? (Section 9 D.2)
THE
NEW RESERVE SECTION WILL BE IMPLEMENTED IN CONJUNCTION WITH PBS AND THE NEW HOURS
OF SERVICE PROVISIONS. UNTIL IMPLEMENTATION, THE UNION HAS REACHED THE FOLLOWING
AGREEMENT AS PART OF THE IMPLEMENTATION OF THE AGREEMENT:
Prior to PBS implementation East Flight Attendants shall utilize the sick leave
charging language in Section 8. F of the East agreement, including the daily
reserve sick leave rate of three hours and thirty minutes (3:30). West Flight
Attendants shall utilize the provisions of 15.C of the West agreement, except
the daily reserve sick leave rate of three hours and thirty minutes (3:30), the
seventy five hour cap for utilizing sick leave shall be eliminated, and a Flight
Attendant shall not be required to call in sick each day of a trip.
POST
PBS IMPLEMENTATION THE FOLLOWING WILL BE IN EFFECT:
When a
Reserve calls in Sick for a trip or on an AVL day the Reserve is charged the
above rates or trips missed whichever is greater. The AVL day calculations are
based on the 75 hour guarantee. Each AVL day has a value placed on it based on
the following calculation:
75/19
AVL Days (30 day month) = each AVL day worth 3+56 toward the monthly guarantee
75/20
AVL Days (31 day month) = each AVL day worth 3+45 toward the monthly guarantee
If the
daily rate was 3+30 and a Reserve was off the entire month the Reserve would not
earn the full 75 hour guarantee.
Why
is a Reserve charged more than a Lineholder for sick leave?
They
are not. A Lineholder who misses a trip is charged the value of her/his trip
will be higher than 3+56 per day. A Lineholder who calls in on her/his day off
receives 3+30 but most Lineholders do not call in sick on a day off.
Lineholders who call in on a day are receive 3+30 a day because their line
guarantee is 71 hours.
Did
the Union propose the "former East" pre-LTO Reserve section? (Section 12
Reserve)
Yes.
The JNC proposed a return to the old system from the very start of
negotiations. The company absolutely refused to go back to the old system and
wanted to maintain the LTO system. We negotiated the Reserve section for well
over a year and reached an agreement on the Section in the TA, which eliminates LTO.
What
were the goals of the JNC in negotiating the Reserve Section?
The
goals were the following:
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Reserves paid a Minimum Day anytime they are called out to fly
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Eliminate the current actual time only language
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Return to a seniority based system where Reserves are processed every day in
future based on seniority and eliminate LTO
- Eliminate 24 hours on call
- Increase the guarantee
- Maintain Reserves being released into rest upon trip completion (eliminate the
West language on "tagging")
- Increase the call out time and eliminate the "must reside within 90 minutes of
the airport" language
- Reserves bid and are awarded lines via PBS bidding for the days off at their
preference rather than company pre-built reserve lines
- Fix
the OPR pay problem when an OPR is assigned a trip
- Minimize the amount of Reserves that have their days off moved to accommodate
coverage problems
The TA
accomplishes all of the above.
How
will Future Scheduling award trips to Reserves? (Section 12.J)
Future
Scheduling will award trips in Seniority order regardless of the number of days
of availability a Reserve has or the amount of time accrued for the month.
Will
a Reserve with four days of availability always have to fly a four-day trip?
No.
If the number of Reserves available with four or more days of availability is
greater than the number of four day trips then the Reserve may select a trip of
a different length or ROC (Pass).
When
would a Reserve have to take a four day trip and why?
If the
number of Reserves with four or more days of availability is equal to or less
than the number of four day trips to cover then a four day trip must be
selected. This is in order to prevent another Reserve from being assigned into
OFF days or a trip being split.
How
will a Flight Attendant be paid for flying a split trip? (Section 10 M.)
Any
replacement Flight Attendant and on all company-initiated split trip, will be
paid the Minimum Day. This means no more actual time (unless greater than the
VM) for someone who is awarded or assigned a split trip.
Has
Reserve "Tagging" from the West Contract been eliminated? (Section 12, Reserve,
Paragraph E)
Yes.
Once a Reserve has completed his/her trip assignment the Reserve is released
into their legal Domicile Rest period. A Reserve does not have to contact
scheduling to be released into their rest period.
How
does time on Aggressive Reserve count?
In
Daily Scheduling a Reserve, at her/his option, can opt to be an Aggressive
Reserve. She/he will be processed in seniority order. Time spent on
Aggressive Reserve will count as pay and credit. So a Reserve who wants
to fly and break guarantee would make herself/himself as an Aggressive
Reserve.
Time
assigned while on Aggressive Reserve will not count towards timing out.
The Company would not agree to return to a seniority system if it would cause
excessive numbers of Reserves to time out. All time in Future Scheduling and
non-Aggressive Reserve time assigned in Daily Scheduling still counts towards
timing out.
What
happens if this Tentative Agreement gets voted down?
This is
the key question facing US Airways Flight Attendants. As the ones dealing with
the Company at the bargaining table, we believe that it is unlikely you would
have another offer to vote on anytime soon for the following reasons.
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The Company has given us their final
economic offer. They were fine being put into recess if we could not agree on
economics a couple months ago, so the idea the Company is desperate to reach a
deal is not correct. The Company has been consistent on economics so there is
no reason that to believe the Company will improve the offer.
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The internal process for reaching a
merged agreement is not simple. The JNC would have to figure out why the TA was
voted down and would likely survey the membership. Then the committee East and
West would need to decide which sections to reopen. Remember, the Company could
do likewise.
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The National Mediation Board
determines when or if we meet. We cannot say what the NMB will do. However,
last fall the NMB was unwilling to schedule further meetings if we continued to
be so far apart on economic terms. There is no reason to believe their position
will change. (One rumor says the East or West could just return to their
separate Section Six negotiations. This is not true. The NMB has consistently
refused to schedule separate East or West only negotiations.)
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Then begins the hard part of trying
to get the Company to agree different terms. We believe to get the Company to
budge on their offer would require a strike vote and most importantly, a release
from the National Mediation Board. It is hard to get a release from the NMB at
a major carrier in normal times but it is particularly difficult in an election
year.
The economic landscape has
changed dramatically since we reached the TA. On the
day the TA was reached oil was priced at $85.00 a barrel. Today oil closed at
$107.00 a barrel.
Thank you,
Mike Flores, MEC President
Deborah Volpe, MEC President
Carol Austin, JNC Member
Eva
DeCastro, JNC Member
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