Q & A

Updated Q and A – February 19, 2013

We would love to hear from you! Please fill out this form and we will post your questions below.
  • This field is for validation purposes and should be left unchanged.

Q & A February 19, 2013:

1. Will a more junior Flight Attendant with seven days of vacation be awarded trips in PBS before a more senior Flight Attendant?
Absolutely not.  Trips are always awarded in PBS in strict seniority order, meaning the senior FA always gets awarded trips first.  If you have a seven day block of vacation you have preference for building your line down to 40 but you are never processed before a senior FA.

The best solution payday loans

2.What does 8:00 hours rest really mean?
The TA states layover (RON) rest can be scheduled at 9:30 release to report, reducible to 8:00 hours release to report.  For domestic, that means:

  • 9:30 release to report (pure rest) = 10:45 block-to-block.
  • 8:00 release to report (pure rest) = 9:15 block-to-block.

Note:  All references in the TA are from release to report not block to block.

3.Do I need to be flying 15 days a month to accrue sick leave?
No.  You do not need to be at work 15 days a month to accrue sick leave.  Just as in the current East agreement you mean to be AVL, which means you are not on an unpaid leave of absence.  So for example if you fly two four days trips up to the 20th of the month before going on an unpaid leave, you would accrue sick leave.  While you only worked 8 days, you were AVL for 20 days.

4.After PBS implementation will trading or dropping trips cause me to lose my vacation premium?
No.  If your final line awarded through PBS contains all trips with a particular premium, you will receive that premium.  This like in the current East agreement, if your final line contains the premium you will retain it for your vacation time even if you subsequently change your line.  Trading away the trips through the ETB, using ISAP, or otherwise dropping/trading the trips will not impact the vacation premium.

5.Will the Company be providing any training for PBS/ISAP?
Yes. Training will be provided two ways.  One is that there will be a Joint Implementation Resolution Committee to resolve any developmental issues that arise. The other is that there will be trainers selected to educate all of us on the system beginning with the 90-day shadow bid period. Please refer to 10-5 through 10-7 of the TA.

6.Will Flight Attendants working over age 65 will receive health care?
Absolutely.  This is a rumor being spread which has no basis in fact.  The TA in Section 26.A.1. states that employees covered under the Agreement are eligible for health care coverage.  There is absolutely no carve out for employees over age 65.  Additionally, in Section 26.C 4 the TA states that age 65 and post-65 Flight Attendant retirees are not eligible for medical and dental coverage.  This is under the sub-section on retiree benefits and specifically references retirees.

Additionally, the Summary Plan Description of US Airways, Inc. Health Benefit Plan states: “If you or you’re covered Dependent(s) are enrolled in Medicare while you are actively employed, participation in this Plan will continue as long as you are an active employee and remain enrolled. This Plan will be the primary carrier and Medicare will be the Secondary carrier.”  Finally, the company must offer health insurance to active employees who are age 65 or older under the Medicare Secondary Payer Act.

7.What does paragraph D.2. of the New Tentative Agreement Letter of Agreement mean?
The language of this paragraph states:

The AFA-CWA agrees that it will not file or support any suit, grievance, or other challenge in any forum to the process described in this Paragraph D, or to the Conditional Labor Agreement between the APFA and US Airways, dated April 12, 2012, as modified and clarified by the Acknowledgment Letter from US Airways to the APFA, dated December 31, 2012 (collectively, the “CLA”), provided, however, that prior to any change in representation as determined by the National Mediation Board, AFA reserves the right to challenge the CLA’s applicability to the pre-merger US Airways flight attendants.

This paragraph affirms your rights under the law.  Just like we don’t have the right to challenge what APFA has negotiated on behalf of the American Flight Attendants they represent, management does not have the right to impose those provisions on you.  US Airways Flight Attendants cannot be bound to the terms of the CLA as long as AFA is your representative

Q & A February 13, 2013:

1.How will seniority integration be decided in an AA/US Merger?
Seniority integration is governed by federal legislation known as the McCaskill-Bond Amendment, which requires a fair and equitable integration of seniority lists in the event of an airline merger. McCaskill-Bond provides for direct negotiations between the unions to reach an agreement on seniority. The legislation further provides that if the unions were unable to agree on seniority integration, an arbitrator would determine how the list would be integrated. AFA and APFA have pledged to work together to resolve these issues. Review AFA/APFA joint letter >

2. Could you explain the health care sideletter?
The Patient Protection and Affordable Care Act of 2010 imposes an excise tax on health care plans whose cost exceeds certain thresholds. If the total cost of a health plan (employee and employer paid) is more than $10,700 for a single employee and $27,500 for two or more people in 2018, an excise tax of 40% is assessed on the Company to be paid on the dollar amount exceeding those limits.

The 2013 TA, if ratified, provides protections for US Airways Flight Attendants. Side Letter 6 addresses this issue through a process of negotiations. If it is determined a plan will exceed the limits above, AFA and the Company will negotiate necessary changes to the plan so as not to trigger the excise tax. The company must get all of the other employee groups to agree to this process as well. The most important point is if changes are necessary, the savings must all revert to Flight Attendants, in a manner determined by the parties or an arbitrator. That means rather than the Company getting a windfall from this legislation, we have secured language that ensures any savings created through a modified plan will be returned to Flight Attendants.

3. Do we have the option of going directly into MOU discussions without the 2013 TA?
No. In summer and fall of this year, the company took the position that the only way they would discuss merger related items with us is if we agree to give up the Labor Protective Provisions (LPPs) and agree to the language in the American Flight Attendant CLA for binding arbitration. We rejected that approach.

The 2013 Flight Attendant TA provides that we will enter into four-party negotiations after ratification of the TA and announcement of the merger. We did not agree to binding arbitration nor give up our scope language. So we will enter into MOU discussion but do so on our terms, not management’s. By reaching the TA first, we can enter MOU negotiations with the same wage rates as AA Flight Attendants and a myriad of other contract provisions that exceed provisions in the American CLA. That means instead of arguing during the MOU discussion about wage parity, we can focus on retaining and improving all of the other Flight Attendant priorities, such as sick, vacation, and work rules.

4. Did we use our leverage on the co-pairing issue to achieve improvements?
Yes. The Company saves $45 million each year a new agreement is not ratified, which far, far exceeds any costs of implementing the new pilot regulations. We pushed management to agree to new hours of service rules based on the new Pilot regulations, and focused our efforts on improving economics.

5. Can I put the $40,000 Early Out severance into my 401k?
At this point the answer is no as the 401k plan documents do not treat severance payments as eligible contributions. We will keep exploring this issue.

6. Did the pilots give up their minimum aircraft protections? How does that impact us?
The pilots did not eliminate their minimum aircraft language, they waived it for the purpose of the merger with American only. Section 1 of the Scope Section of the 2013 Flight Attendant TA states that Flight Attendants will be provided the same minimum aircraft and daily utilization protections as the Pilots. For the pilots, the minimum aircraft protections in the MOU were changed to block hour protections, which offer similar protections to the minimum aircraft/daily utilization language. The company will need to discuss a waiver and/or modification to block hour protections with AFA during our MOU discussions. This provision is not the only contract language included in the 2013 Tentative Agreement that protects our work.

Q & A February 1, 2013:

1. Pure and simple, what are the reasons to vote for this Tentative Agreement?
This Tentative Agreement best positions US Airways Flight Attendants for the future. It locks in immediate economic improvements, contains important job security protections, and contains a process to obtain even more improvements in four-party negotiations shortly following ratification/announcement of a merger with American Airlines. This TA was unanimously recommended for ratification by both MECs, all LECPs, and the JNC.

This TA includes over $45 million in annual improvements for Flight Attendants, including immediate top step pay increases of $5.64 per hour (East) and $9.56 per hour (West). It includes a signing bonus of $1700 and an Early Out offered after merger closure date with $40,000 buyout offered to eligible US Airways Flight Attendant with 15 years or more of Company seniority. And along with all of the other items, it retains the scope, LPPs and the profit sharing contained in the prior TA.

2. What will happen if this TA were not ratified?
Both East and West groups will continue to operate under their current contracts at their current rates of pay, including the Scope provisions of their existing agreements. The NMB has been clear that we would be placed in indefinite recess.  With current East bankruptcy rates topping out at $41.51 and West Flight Attendants stuck for years at a top rate of $37.59, our wages are a drag on the industry and a disadvantage in protecting our interests in a merger.  In addition, the company would save millions by paying us lower rates until we reached a combined agreement. Conversely, ratifying this agreement brings our pay up to industry average and is our ticket to merger talks – and it’s also our leverage to improve our contract further, protect our jobs and maintain our seniority.

Merger and MOU:

3. How do we know the merger is really going to happen?  What if it does not?

All available information indicates a merger with American Airlines is highly likely to be announced in the near future. This contract was negotiated to place US Airways Flight Attendants in the best position for a potential merger, whether it is with American or another partner as part of industry consolidation.

It’s also important to know that regardless of a merger, the National Mediation Board made it clear at our Status Conference that we were at the end of our negotiations.  The NMB will not schedule more sessions. The NMB’s statutory authority to schedule or not schedule meetings has been upheld by the courts. The Company has consistently refused to meet with us unless the meetings are scheduled by the NMB. Therefore, in the unlikely event this merger does not happen, the East and West Flight Attendants will likely continue to operate under their existing contracts indefinitely.

4. When will MOU negotiations commence?
The 2013 TA specifies that a four-party negotiations for a Memorandum of Understanding (MOU) will commence  following the public announcement of a merger with American ­and the ratification of the 2013 Tentative Agreement (TA).

 5. Who will participate in these discussions?
AFA, APFA, US Airways management and their partners at American Airlines. Securing this contract is the only way to guarantee our seat at the table in this merger. 

 6. What topics will be covered in these negotiations?
These negotiations will include a framework for integrating the two Flight Attendant groups, including our contracts – and protections that would apply until integration takes place. This will be our “second bite at the apple,” where we can address contract items that we want to improve, work to obtain many of the benefits included in the USAPA MOU and work with our colleagues at APFA to set the best process for securing a better contract for all of us.   These negotiations will not cover seniority list determinations, which will be handled in discussions directly between AFA and APFA, pursuant to applicable law.

7. Why doesn’t this deal contain all of the items of the USAPA/APA Pilot MOU?
The pilot deal is not a stand-alone US Airways deal but an agreement for terms at a new merged American/US Airways airline. It only goes into effect when the merger is closed. When we sit down with our Flight Attendant counterparts at American, rest assured we will model our proposals off the advantageous parts of the pilot proposal. We will get two “bites at the apple,” including the improvements from this TA and further improvements from the four-party negotiations that would commence after this agreement is ratified.

 8. How will the merger impact implementation of items such as PBS and the new Scheduling system?
The overall implementation timeline remains unchanged from the previous TA.  The difference is that we would have an opportunity to further address these issues during MOU negotiations.

9. What additional protections does the 2013 Tentative Agreement contain?
During negotiations for TA2, the Company tied an Early Out and other protections to AFA’s acceptance of binding arbitration and elimination of the LPPs. We rejected those restrictions and the 2013 Tentative Agreement retains the industry’s best scope and LPPs. In addition, we affirmed our rights under the law: there can be no changes to our contract without our approval (all US Airways Flight Attendants) as long as we are represented by AFA. Our leverage improves by ratifying the 2013 TA.  We will have a seat at the table and be able to use our new USA Flight Attendant single contract as the floor for negotiating improvements at the merged airline.

 Early Out:

10. I was out on furlough a number of years ago.  Will that affect my ability to take the early out?
It will not. The Early Out eligibility is based on Company Seniority. Your Company Seniority date is your first date of employment with the Company in any position. This date stays the same even if you are on furlough or leave of absence. If you only worked as a Flight Attendant, it would be your first day of training. If you worked in a previous Company position, it would be your start date in that position.

11. Could you explain the timeline of the Early Out?
The Early Outs will be offered to Flight Attendants at the Merger Completion Date.  Assuming a merger is announced, the Merger Completion Date is expected to be approximately 5-8 months from announcement date to when the merger closes after the necessary approvals from federal agencies and bankruptcy court.  At that point, the Early Outs will be offered for bid.  Flight Attendants will separate from the company based on their timing preferences in seniority order. Based on the number of Flight Attendants who accept the early-out, the Company intends to release everyone within twelve (12) months of the bid.

Ratification Bonus:

12. What are the eligibility requirements for the ratification bonus?  What if I am out on a medical leave or short term disability?
The ratification bonus states that a flight attendant must be in active status on the date of ratification.  For this purpose, a flight attendant must be active, on paid medical leave (using sick time) or on FMLA, Military, Maternity, Adoption, or Paternity leave.  That means if on the date of ratification you are on an unpaid medical leave (after the expiration of your FMLA period), you will not be eligible for the ratification bonus.   If you are on short term or long term disability you are not eligible for the ratification bonus, except if you are on a FMLA or MAT to your disability benefit.  Flight Attendants on light duty or receiving OJI salary continuance will be eligible for the ratification bonus.

13. Can I put my ratification bonus into my 401K?
Yes.   However, the easiest way to put more additional money into your 401K will be to defer some or all of your profit sharing check which will come the same month as the ratification bonus.   This will be simplest way to put extra money into your 401K.

You can also defer all or a portion of your ratification bonus.   Detailed instructions will be forthcoming.  Your ratification bonus will come on your regular paycheck (East –March 15th and West – March 20th).  You will be able to change your election for that paycheck.   Remember, however, that any election made will effect both your 401K and your regular paycheck.  Also you will need to be sure to change your election back prior to your next paycheck.

 14. Did we retain our profit sharing? What about the LPPs?
Yes, the profit sharing is unchanged and is included in Section 3.O. of the Tentative Agreement. Likewise, the LPPs remain unchanged from the August 2012 TA, extending these industry-leading protections to Flight Attendants in Phoenix as well.

Voting Questions:

15. What is the voting timeline?
Voting will commence at Noon Eastern on February 7 and close at Noon Eastern on February 28.  Voting will be by electronic ballot.

 16. Who generates my “Activation Code” that I need to vote?
You have been issued your Activation Code by Votenet Solutions, the leading provider of secure on-demand voting and balloting software and telephone voting for organizations including unions, membership associations, trade associations, and many other types of organizations.  The code is provided directly to the printer used by Votenet and does not pass through AFA.

17. What if I misplace or do not receive my Activation Code?
You may call your Ballot Certification Committee and they can assist you in having your code reset. Activation codes are generated through Votenet. If you need a replacement activation code is needed, contact the AFA Ballot Helpline at 1-800-424-2401, press 1 and then ext 706, Monday – Friday, between 9:30 am and 5:30 pm Eastern Time.  They will verify your email address and a new activation code will be emailed to you directly from the Votenet system.

 18. Once I have voted, how will I know that my vote has actually been cast?
You will be issued a confirmation code.  If you are voting over the phone, you may copy down the confirmation code for your records.  If you are voting on-line, you may print the confirmation screen containing your code for your records.

 19. Can anyone else see how I voted?
No, no one has access to how you voted.  Once you have cast your ballot it is sealed and cannot be viewed by anyone.

 20. Can I change my vote if I have already voted?
Yes, simply go back to the online ballot or call the ballot phone number, enter your username and password and submit a new ballot.  Remember that if you cast your vote again, your previous ballot will be discarded, just like with a paper ballot.  Only the last vote cast will be counted when voting closes on February 28, 2013 at Noon Eastern Time.

 

Q & A January 17, 2013:

1.    What is a status conference?
The NMB has termed this meeting as a status conference.  What’s important to recognize is that both management and AFA will be at this meeting.  It’s also an important point that the NMB is engaged in our Section 6 negotiations as opposed to placing us in recess or not responding to our requests to assist in our efforts to reach a single agreement.  It is positive that we continue to have a means to reach an agreement that would put us in a position of strength for merger discussions.
2.    What is the status of proposals? Can we rewrite the former tentative?
The NMB works to facilitate an agreement and in their view opening too many issues would lead to protracted talks, not an agreement.  For that reason, the NMB will require any remaining issue to be extremely narrow.  Typically at this stage in the Railway Labor Act Section 6 process, the NMB would limit the number of issues to be discussed.

3.    Is AFA concerned about the future of US Airways Flight Attendants?
AFA is taking action for us and considers our future the highest priority of the union. Our International President Veda Shook has made clear that defending our rights and best positioning us for this merger has the full support and resources of our union. We also have the full support and resources of CWA. We will achieve the best results through our solidarity, and we have the backing of 700,000 members who share our union.

Do not forget: AFA is the only legal representative of US Airways Flight Attendants and that does not change in the event of a merger announcement.

4.    Should we be involved in the MOU discussions with APFA?
Not at this time and under these circumstances. American Flight Attendants have supported Parker’s merger plan throughout this past year because they believe that is the strongest option for exiting bankruptcy and creating a successful airline. That’s why the limited description of their MOU, which is subject to their non-disclosure agreement (NDA) states, the “MOU further illuminates the financial benefits of a merger to AMR’s creditors.” American’s creditors are looking for the highest return on their bankruptcy loss – and they want to know that the plan Parker is putting forward will provide that for them. As we know all too well, a large part of bankruptcy is cutting and containing labor costs.  Without first securing a single agreement for US Airways Flight Attendants, we would be at an extreme disadvantage in those discussions surrounding American’s bankruptcy exit plan. A single agreement puts us in a position of strength not weakness.

5.    The press reported that APFA was discussing seniority integration. Is our future seniority being decided without us?
Regardless of what is being reported in the press or other sources, Management must bargain with AFA over the terms and conditions of US Airways Flight Attendants’ employment. Further, McCaskill-Bond protects your rights in seniority integration because one of the standards is that all affected parties (in this case AFA and APFA) must have a seat at the table. Please read a memo from our AFA International Officers earlier this year regarding AFA’s efforts to champion date-of-hire seniority integration and enforce the legal standards AFA also helped achieve as a minimum protection for Flight Attendants throughout the industry. Seniority Memo HERE>>>

6.  USAPA was invited to merger talks and negotiated a MOU that benefit US Airways Pilots.  Why isn’t AFA trying to gain access to merger talks in order to address wage parity, fences and base protections?

Recognize first that the pilots do not have the same options for addressing their concerns that we do through Section 6 overseen by the NMB.  The talks taking place within the American bankruptcy are conditional since there has not yet been a merger announcement.  AFA is the only legal representative of US Airways Flight Attendants and that does not change in the event of a merger announcement.  Management must bargain with AFA over the terms and conditions of US Airways Flight Attendants’ employment.

Our leverage in this merger rests with our work to achieve a single agreement.  Improvements and protections now, and a solid foundation for achieving additional improvements in a merger.  These are not slogans – this is reality.  We have a means to take part in merger discussions from a position of strength.  And the issues that would affect us in a merger must be addressed with AFA – our collective bargaining representative.

We need to get our single agreement to provide a baseline, in order to raise the bar for Flight Attendants at the combined airline.

7.  Are we talking with APFA?

Yes.  We have a long standing relationship with APFA and we talk and share information on a regular basis.  We also discuss how we can best support our Flight Attendant careers for the future – including within the context of US Airways and American creating the largest airline in the world.  Understand too that APFA is bound by the NDA they have signed as part of the bankruptcy reorganization merger plan discussions.  Our unions commit to further, dedicated discussions immediately following a merger announcement.  AFA is actively protecting the interests of US Airways Flight Attendants on all fronts and there is no doubt that the strongest position for us and all Flight Attendants is collaboration and unity.

8.  Once a merger is announced, how long would it be before issues of representation would be addressed?

As described in the letter signed by APFA President Laura Glading and AFA President Veda Shook, once the merger is announced AFA will meet with APFA to continue to address representation and other issues important to our respective members.

In terms of a merger timeline for representation resolution, expect that it will be at least a year before your representation would change or be modified.  When a merger is announced nothing changes immediately.  The merger still must navigate actual exit from bankruptcy, government approvals, shareholder approvals and the official merger closing.  All of this takes time.  Beyond that, a union or both unions must file for single carrier status with the NMB.  That is followed by an investigation and finding by the agency, which has taken anywhere from a few months to a little more than a year.  Your contract and representation would remain in place throughout this process.

9.  What is the status of contract proposals?  Can we rewrite our single agreement?

The NMB has stated that our negotiations are at a critical juncture.  The NMB works to facilitate an agreement and in their view opening too many issues would lead to protracted talks, not an agreement.  For that reason, the NMB will require any remaining issues to be extremely narrow.  So typically at this stage in negotiations of any agreement, the NMB would limit the number of issues to be discussed.

Q & A November 16, 2012:

1. Can we put out a sheet that illustrates how the new pilot work rules are going to effect the Flight Attendants? The documentation needs to be there so the Flight Attendants can see how it works.

We are working to compile a handout on the new pilot regulations along with examples of how these rules will likely impact our schedules and earning power One caveat is that the airlines, including US Airways, are still petitioning the FAA for waivers. Therefore, although we have the new rules, at this point no one knows to a certainty what might be waived.

2. What will we be striking for exactly?  

There is no certainty there will be a strike. We will present to the NMB the issues most important to Flight Attendants as a whole: economics and work rules, East and West. We must first convince the NMB that we have a focused, specific, and limited list of issues before it will consider directing the Company to meet with us. If and when the process is exhausted without an agreement, the remaining issues would be the “strike issues.”

3. If we push through the cooling-off period required prior to any strike determination and a strike is eminent after all other avenues are exhausted, there will be Flight Attendants that cannot afford to be out of work such as reserves already struggling, how will they be able to continue working while still supporting the union or will that not be an option?

You highlight one of the reasons that the decision to authorize a strike is not taken lightly, and why CHAOS™ is such an effective weapon. We control how we will utilize the intermittent strike tactic – targeted flights, an entire station for an afternoon or the entire system for a day. We tailor the strike to the unique conditions at each airline. Everyone is expected to strike if called upon because everyone stands to gain from our negotiations.

We also keep a confidential list of those Flight Attendants who want to be called first to strike. It’s important too to remember that everyone plays a role during a strike and there will be many activities to volunteer for and many ways to help achieve our collective success. We are strategic in the way we implement the strike – and with CHAOS™ we control the timing and the manner in which we will strike using ALL of the information systematically compiled by our union.  This allows us to implement a strike with minimum risk for Flight Attendants and maximum impact on management.

4. Can we be fired for a CHAOS™ strike as a single crew since it is not all striking at one time?

No. Courts have held that the intermittent strikes that are the foundation of CHAOS™ are a form of self-help that is protected by the Railway Labor Act. It is a violation of the Railway Labor Act for a company to fire a Flight Attendant for exercising that right.

5. Instead of CHAOS™ aimed at flights, can it be aimed at specific airports?

Yes, CHAOS™ could be aimed at specific airports as well. That is the beauty of CHAOS™; it can be targeted in whatever way is deemed to be most effective.

6. How many Flight Attendants are eligible to vote and how many received?

As with the vote on the TAs, there are approximately 6600 eligible voters. We do not know how many Flight Attendants have submitted their votes to VoteNet, but we will after the voting closes.

7. It seems the NMB is not mediating but dictating. Doesn’t AFA have rights to assert that at some point we should be released to self-help? A never-ending recess (that the company would love) is not a mediation.

The law does not provide us with rights to protest or appeal the decisions of the NMB. As we explained during the ratification vote, under the Railway Labor Act (RLA) and Supreme Court rulings, the NMB has complete discretion as to the timing of negotiations and whether to release the parties to engage in self-help.

Of course we continue to argue forcefully for mediation dates and the ability to utilize the full process of Section 6 under the RLA, including our right to strike in order to encourage a conclusion to negotiations with incentives for both parties to reach agreement. Still, the process is determined at the sole discretion of the NMB.

8. What if the strike vote comes back way lower than anticipated, what then?

The purpose of the strike vote is to provide support for the bargaining position of your JNC. It would be an inconsistent message from the membership if we were to reject two TAs but not support the best efforts to achieve an acceptable contract. If the vote is not in favor or results show minimal support, your JNC would go back to the bargaining table without a credible position for improvements. It would make moving forward to reach an agreement difficult.

Based on our experience at other carriers, Flight Attendants routinely send back a strong message backing their negotiations team. In five strike votes this year at AFA carriers, Flight Attendants have all approved strikes by over 94 percent.

9. We know from some of those on the hiring committee that there is a mass hiring for the next 4 months. How do we know they are not going to replace as many of us as possible and fire those that strike?

Prior to AFA announcing a strike vote the Company was already planning its hiring for next year as part of normal operations.

At any rate, it is illegal to fire workers engaging in a legal strike. Workers can be “permanently replaced” during a strike, which means they could be replaced by another worker but return to work with full seniority when the strike is over and once there is an opening. One of the reasons we utilize CHAOS™ tactics is that it makes it very difficult for management to replace workers during the intermittent strike.  In a normal strike, the Company knows what the union is going to do and has plenty of time to train scabs to replace Flight Attendants. CHAOS™ was developed precisely to prevent this from happening.

10. A bit of a future question, but if we strike out of base in another city, then do we just pay for our own hotel and cost for a ticket home?

We will be providing much more information regarding CHAOS™ as we move forward. You can be assured, however, that if you are called to strike in another city, you will not be abandoned: your Union will be right there with you. All of these issues are planned for and taken into consideration when calling the strike.

11. What is a lockout?

As we mentioned, at the end of the thirty-day cooling-off period, the union has the ability to engage in self-help, which could include striking. Employers have the ability at the end of the thirty-day cooling off period to lockout striking workers.

A lockout occurs when the employer refuses to allow workers to come to work and either shuts down the operation or operates with “temporary replacements.” Unlike a strike, workers cannot be permanently replaced in an employer lockout. When the lockout ends the temporary replacements are released and all workers who were locked out must be offered their jobs back.

12. We have heard the NMB has said they would not meet with the union/company again and claimed to put the work group in recess. Do we know if past history with other airlines has presented re-negotiation after a strike vote?

The NMB has not refused to set any more meeting dates, nor has it placed the parties in recess. In order to get the NMB to schedule more dates we need to have a limited, targeted proposal for them to consider. AFA takes strike votes and following the strike votes routinely continues the negotiations process. Armed with a strike vote, when the union is able to go back to the bargaining table we can demand improvements. We intend to press the NMB for additional dates following the vote.

In the last year alone, Flight Attendants at five AFA carriers took strike votes. At two of the five airlines, we successfully concluded negotiations after the strike vote. The Flight Attendants have ratified contracts with improvements in place today. The other three groups of Flight Attendants have the attention of the National Mediation Board.

13. Why was a strike vote not taken after the first TA when the TA was turned down 75%-25%, rather than the second TA when it was turned down 51%-49%?

Remember, shortly after the first TA was voted down, US Airways announced an intention to merge with American Airlines. The MECs and JNC made a strategic decision to get back to the bargaining table to negotiate an agreement Flight Attendants could vote on prior to the merger. The only way to get dates from the National Mediation Board in the time period required was to negotiate within the economic framework of the first TA.

14. Why hasn’t the survey been released? This would let us know what the majority of FAs are looking for.

The JNC took a survey following TA1.  We do not make the details public so as not to share the information with the Company. It should come as no surprise to anyone that the issues include compensation, scope, reserve, vacation, sick, rest and insurance.

15. Now that the election has been concluded, are we at a better position to return to mediation or be released into a 30 day cooling off period?

There is no way to know for sure what the National Mediation Board (NMB) will do. Certainly, now that the election is over we expect that our mediator and the Board Chairman will continue to work on our contract without interruption.

16. Since US Airways is profitable, why won’t they put more money into an agreement?

US Airways management has established an economic framework of what they have been willing to put in a Flight Attendant agreement. Since TA2 was voted down, the company has said both publicly and privately they are not willing to put additional money into another TA and are not working on another proposal. The only way to get a better offer from the company is to bring added pressure into the negotiations. That is why we are taking a strike vote—to change the dynamics of these negotiations.

17. Should we discuss the strike vote on Facebook?

Please keep in mind that online forums such as Facebook are not truly private forums. The decision to strike is an internal union decision and not one that we should allow management to be part of the discussion.

18. Does voting yes mean we are going to strike?

Strikes are rare. We are taking this strike vote, much like other Flight Attendant groups, as a way of backing up the negotiating committee and demonstrating that Flight Attendants are willing to do what is necessary to reach an agreement.

In order to actually strike at US Airways, a number of steps would have to occur. The NMB would need to schedule additional mediation sessions. If we were unable to reach agreement during mediation, AFA could ask for a release to strike over a limited number of strike issues. The NMB could decide to grant the release, continue mediation, or recess the negotiations. If the NMB did release us into a thirty-day cooling-off period, there would be further opportunity to settle the contract with the pressure of a strike deadline.

19. Why are we talking about a CHAOS™ strike rather than a full walk out?

Under US labor law, a company is allowed to permanently replace striking workers. The striking mechanics at Northwest Airlines in 2004 is an example of a group of workers who went out on a traditional strike and were permanently replaced. During a traditional strike, management knows exactly what to expect and can plan accordingly.

In a CHAOS™ strike, we control the timing and location of the strike. This has a number of advantages. First, intermittent strikes strategically implemented limit the ability of management to permanently replace Flight Attendants. Second, we can maximize the pressure on the company while limiting risk for Flight Attendants. Finally, unlike a traditional strike we are not locked into a method of striking. We can keep the company guessing. This keeps management off balance, maximizes our leverage and keeps Flight Attendants flying and earning a paycheck between CHAOS™ strikes even as we place tremendous pressure on management to reach a deal.

20. Instead of using CHAOS™ for just a select few flights (once we are released by the NMB for self-help), why don’t we publish in the press a date and then strike for a full 24 hours, shutting the place down completely to get our message across?

That’s it! You get the point of CHAOS™. Our options are limitless. In a traditional strike, we are locked into one way of striking and our greatest day is the first day – after that our power erodes each day as some cross the picket line and management is able to get permanent replacements working. The company knows exactly what is going to happen and can plan accordingly. In a CHAOS™ strike, management does not know what we are going to do. Therefore, in a CHAOS™ strike, we could strike a particular flight, certain city pairs, or if strategic could strike for a certain period as you suggest. That is why CHAOS™ is so much more effective than a traditional strike.

Q and A – October 15, 2012:

1) Why are we taking a strike vote?

The reason is simple. To go back to the bargaining table and credibly demand an improved offer, we need to demonstrate the support of the entire membership. An affirmative strike vote authorizes a legal strike once the Railway Labor Act Section Six negotiations process has been exhausted. But even before that point in negotiations a strike vote is a powerful tool for a union to demonstrate the full support of the membership for an improved contract.

2) Can we strike right away if members vote for it?

Taking a strike vote does not mean that we are able to strike right away. Under the Railway Labor Act, which governs negotiations in the airline industry, Flight Attendants are not free to strike until released by the National Mediation Board. We have not been released nor have we yet requested a release to strike.

3) Will the NMB release us to a 30-day-cooling off period and give us the right to strike if management fails to reach an agreement with us?

As we have indicated, getting a release from the National Mediation Board to strike will not be easy. It will require going in with a focused set of bargaining demands. It will also require us to mobilize and speak with one voice. We can’t control what the NMB will allow us to do, but we can control the message we send in what we are willing to do.

4) Do we have the right to strike in single contract negotiations?

Yes. When single contract negotiations began the status of each contract was different: the West contract was in Section Six negotiations and the East contract was closed. Single contract negotiations were not conducted under Section Six because only one contract was amendable, and US Airways Flight Attendants did not have the right to strike at that time in those negotiations. That changed when the East contract became eligible for negotiations with our contractual one year early opener on December 31, 2010. AFA filed for mediation right away and the contract became amendable the following year on December 31, 2011. The NMB combined the East and West negotiations cases and took control of the single contract negotiations under Section Six.

5) Assuming we vote for a strike, what would have to happen before we could strike?

The following steps would have to be exhausted before a strike could occur:

  • The NMB would continue to schedule mediation dates.
  • Either the union or management could request a proffer for arbitration.
  • In order to request a proffer, we would have to define our key issues – essentially “strike issues” affecting East and West Flight Attendants.
  • If one or both parties reject a Proffer for Arbitration, then the NMB would “release” the negotiations to a 30-day cooling-off period, followed by self help.
  • During the cooling-off period, the NMB invites the parties to further mediate the negotiations, with the Self Help deadline often providing a new incentive for the parties to reach an agreement.
  • If no agreement is reached by the end of the cooling-off period, and assuming no intervention by the President or Congress, we would then be free to strike or employ other self-help tactics to put economic pressure on management to reach an agreement. Management would have a similar right to engage in self-help tactics – like a lockout or imposed work rules – to pressure the Flight Attendants to reach an agreement.

6) What about the potential merger?

We cannot predict what will happen in the coming months. US Airways is actively involved in merger discussions and the situation may change. Our professionals are monitoring the situation closely and we will report the latest news to you. One thing is clear. US Airways Flight Attendants must join together to change our current experience and to ensure our voices are heard no matter what the future holds for our airline.

7) What was the framework that the NMB required for TA2 negotiations?

In order to produce that agreement that could be voted on, we had to get the National Mediation Board to schedule mediation sessions. We were able to do that within this framework:

  • Negotiate based on the parameters of first Tentative Agreement – which included over $40 million annual increases.
  • Identify the top priorities for Flight Attendants and narrow the negotiations to those issues.
  • Agree to discuss specific issues associated with a future merger through subsequent negotiations – which also preserved the industry-leading Labor Protective Provisions within the Tentative Agreement.

In order to provide you with industry-leading job protections that extended to every US Airways Flight Attendant and with the option for top of scale wage increases at 13% on the East and nearly 26% on the West, we worked diligently through every angle to achieve an agreement for your consideration. We did not leave anything on the table.

It was not enough – we have to change the dynamics at the bargaining table.

8) Does the National Mediation Board retain jurisdiction over our negotiations?

Yes. We are in mediation under Section Six of the Railway Labor Act. Once the US Airways East contract became amendable and AFA petitioned for mediation in that case, the NMB combined the US Airways West mediation case with the US Airways East case. The NMB retains oversight of our Section Six negotiations process. The process only concludes with an agreement or self help (the union’s right to strike, the company’s right to lock out the workers).

View more about the RLA Section 6 process >

9) Does taking a strike vote mean that we want to strike?

No. Taking a strike vote only authorizes a strike should it become necessary to reach an agreement that we can ratify. Even before we reach the point where we could legally strike, it sends a strong message of unity and support for addressing our issues at the bargaining table. A strong strike vote can be a game changer in negotiations.

2013 TA Q and A – 1

 

1.    Pure and simple, what are the reasons to vote for this Tentative Agreement?

This Tentative Agreement best positions US Airways Flight Attendants for the future. It locks in immediate economic improvements, contains important job security protections, and contains a process to obtain even more improvements in four-party negotiations shortly following ratification/announcement of a merger with American Airlines. This TA was unanimously recommended for ratification by both MECs, all LECPs, and the JNC.

This TA includes over $45 million in annual improvements for Flight Attendants, including immediate top step pay increases of $5.64 per hour (East) and $9.56 per hour (West). It includes a signing bonus of $1700 and an Early Out offered after merger closure date with $40,000 buyout offered to eligible US Airways Flight Attendant with 15 years or more of Company seniority. And along with all of the other items, it retains the scope, LPPs and the profit sharing contained in the prior TA. 

2.    What will happen if this TA were not ratified?

Both East and West groups will continue to operate under their current contracts at their current rates of pay, including the Scope provisions of their existing agreements. The NMB has been clear that we would be placed in indefinite recess.  With current East bankruptcy rates topping out at $41.51 and West Flight Attendants stuck for years at a top rate of $37.59, our wages are a drag on the industry and a disadvantage in protecting our interests in a merger.  In addition, the company would save millions by paying us lower rates until we reached a combined agreement. Conversely, ratifying this agreement brings our pay up to industry average and is our ticket to merger talks – and it’s also our leverage to improve our contract further, protect our jobs and maintain our seniority. 

Merger and MOU

3.    How do we know the merger is really going to happen?  What if it does not?

All available information indicates a merger with American Airlines is highly likely to be announced in the near future. This contract was negotiated to place US Airways Flight Attendants in the best position for a potential merger, whether it is with American or another partner as part of industry consolidation.

It’s also important to know that regardless of a merger, the National Mediation Board made it clear at our Status Conference that we were at the end of our negotiations.  The NMB will not schedule more sessions. The Company has consistently refused to meet with us without the NMB scheduling meetings. Therefore, in the unlike event this merger does not happen, the East and West Flight Attendants will likely continue to operate under their existing contracts indefinitely.

4.    When will MOU negotiations commence?

The 2013 TA specifies that a four-party Memorandum of Agreement (MOU) negotiations will commence within 30 days following the public announcement of a merger with American ­and the ratification of the 2013 Tentative Agreement. 

5.    Who will participate in these discussions?

AFA, APFA, US Airways management and their partners at American Airlines. Securing this contract is the only way to guarantee our seat at the table in this merger. 

6.    What topics will be covered in these negotiations?

These negotiations will include a framework for integrating the two Flight Attendant groups, including our contracts – and protections that would apply until integration takes place. This will be our “second bite at the apple,” where we can address contract items that we want to improve, work to obtain many of the benefits included in the USAPA MOU and work with our colleagues at APFA to set the best process for securing a better contract for all of us.   These negotiations will not cover seniority list determinations, which will be handled in discussions directly between AFA and APFA, pursuant to applicable law. 

7.    Why doesn’t this deal contain all of the items of the USAPA/APA Pilot MOU?

The pilot deal is not a stand-alone US Airways deal but an agreement for terms at a new merged American/US Airways airline. It only goes into effect when the merger is closed. When we sit down with our Flight Attendant counterparts at American, rest assured we will model our proposals off the advantageous parts of the pilot proposal. We will get two “bites at the apple,” including the improvements from this Tentative Agreement and further improvements from the four-party negotiations that would commence after this agreement is ratified. 

8.    How will the merger impact implementation of items such as PBS and the new Scheduling system?

The overall implementation timeline remains unchanged from the previous TA.  The difference is that we would have an opportunity to further address these issues during MOU discussions.   

9.    What additional protections does the 2013 Tentative Agreement contain?

During negotiations for TA2, the Company tied an Early Out and other protections to AFA’s acceptance of binding arbitration and elimination of the LPPs. We rejected those restrictions and the 2013 Tentative Agreement retains the industry’s best scope and LPPs. In addition, we affirmed our rights under the law: there can be no changes to our contract without our approval (all US Airways Flight Attendants) as long as we are represented by AFA. Our leverage improves by ratifying the 2013 TA.  We will have a seat at the table and be able to use our new USA Flight Attendant single contract as the floor for negotiating improvements at the merged airline.

Early Out

10.  I was out on furlough a number of years ago.  Will that affect my ability to take the early out?

It will not. The Early Out eligibility is based on Company Seniority. Your Company Seniority date is your first date of employment with the Company in any position. This date stays the same even if you are on furlough or leave of absence. If you only worked as a Flight Attendant, it would be your first day of training. If you worked in a previous Company position, it would be your start date in that position.  

11.  Could you explain the timeline of the Early Out?

The Early Outs will be offered to Flight Attendants at the Merger Completion Date.  Assuming a merger is announced, the Merger Completion Date is expected to be approximately 5-8 months from announcement date to when the merger closes after the necessary approvals from federal agencies and bankruptcy court.  At that point, the Early Outs will be offered for bid.  Flight Attendants will separate from the company based on their timing preferences in seniority order. Based on the number of Flight Attendants who accept the early-out, the Company intends to release everyone within twelve (12) months of the bid.

Ratification Bonus

12.  What are the eligibility requirements for the ratification bonus?  What if I am out on a medical leave or short term disability? 

The ratification bonus states that a flight attendant must be in active status on the date of ratification.  For this purpose, a flight attendant must be active, on paid medical leave (using sick time) or on FMLA, Military, Maternity, Adoption, or Paternity leave.  That means if on the date of ratification you are on an unpaid medical leave (after the expiration of your FMLA period), you will not be eligible for the ratification bonus.   If you are on short term or long term disability you are not eligible for the ratification bonus, except if you are on a FMLA or MAT to your disability benefit.  Flight Attendants on light duty or receiving OJI salary continuance will be eligible for the ratification bonus. 

13.  Can I put my ratification bonus into my 401K?

Yes.   However, the easiest way to put more additional money into your 401K will be to defer some or all of your profit sharing check which will come the same month as the ratification bonus.   This will be simplest way to put extra money into your 401K.

You can also defer all or a portion of your ratification bonus.   Detailed instructions will be forthcoming.  Your ratification bonus will come on your regular paycheck (East –March 15th and West – March 20th).  You will be able to change your election for that paycheck.   Remember, however, that any election made will effect both your 401K and your regular paycheck.  Also you will need to be sure to change your election back prior to your next paycheck.

14.  Did we retain our profit sharing? What about the LPPs?

Yes, the profit sharing is unchanged and is included in Section 3.O. of the Tentative Agreement. Likewise, the LPPs remain unchanged from the August 2012 TA, extending these industry-leading protections to Flight Attendants in Phoenix as well. 

Voting Questions

15.  What is the voting timeline?

Voting will commence at Noon Eastern on February 7 and close at Noon Eastern on February 28.  Voting will be by electronic ballot.

16.  Who generates my “Activation Code” that I need to vote?

You have been issued your Activation Code by Votenet Solutions, the leading provider of secure on-demand voting and balloting software and telephone voting for organizations including unions, membership associations, trade associations, and many other types of organizations.  The code is provided directly to the printer used by Votenet and does not pass through AFA. 

17.  What if I misplace or do not receive my Activation Code?

You may call your Ballot Certification Committee and they can assist you in having your code reset. Activation codes are generated through Votenet. If you need a replacement activation code is needed, contact the AFA Ballot Helpline at 1-800-424-2401, press 1 and then ext 706, Monday – Friday, between 9:30 am and 5:30 pm Eastern Time.  They will verify your email address and a new activation code will be emailed to you directly from the Votenet system.

18.  Once I have voted, how will I know that my vote has actually been cast?

You will be issued a confirmation code.  If you are voting over the phone, you may copy down the confirmation code for your records.  If you are voting on-line, you may print the confirmation screen containing your code for your records.

19.  Can anyone else see how I voted?

No, no one has access to how you voted.  Once you have cast your ballot it is sealed and cannot be viewed by anyone.

20.  Can I change my vote if I have already voted?

Yes, simply go back to the online ballot or call the ballot phone number, enter your username and password and submit a new ballot.  Remember that if you cast your vote again, your previous ballot will be discarded, just like with a paper ballot.  Only the last vote cast will be counted when voting closes on February 28, 2013 at Noon Eastern Time.