Step by Step

Question:  This is my first experience with contract negotiations.  Exactly what are the steps for negotiating a new contract?

Answer:  The steps are laid out within the Railway Labor Act and are as follows:

The Steps to a New Contract…under the Railway Labor Act

1.  Intent to Change – Either the union or the company must notify the other  of an intent to change the contract at least 30 days prior to its ending date – and must meet within ten days of the notification.  At that time, they exchange proposed contract changes.

2.  Collective Bargaining – The union and the company must meet within 30 days of the first notice to change the contract.  Collective Bargaining begins at this point.  Progress, or lack of it, during this step determines whether it will be necessary to proceed with other steps of the Railway Labor Act.

3.  Contract Becomes Amendable – Under the Railway Labor Act, contracts never expire.  They continue as the “status quo” until amended.  The company may not change the contract and the union may not engage in any job actions until all steps of the Act have been completed and both parties are released.

4.  Mediation Options – Either the union or the company may choose to request the services of the National Mediation Board (NMB).  If neither requests that option, the NMB can and may intercede, and force both parties into mediation.  This often happens when the talks are deadlocked or broken off. 

5.  Mediation Mandatory – If the NMB intercedes, both parties must enter into the mediation process and a mediator is assigned by the NMB.  The mediator decides if negotiations are deadlocked and if either or both parties can proceed with other legal steps. 

6.  Binding Arbitration – Binding arbitration may be proposed by the NMB if mediation fails.  Binding arbitration requires both the union and the company to agree to it.  They must also agree upon a neutral arbitrator.  The arbitrator makes a decision, which is final and binding to both parties. 

7.  Cooling Off Period – If either the union or the company refuse the NMB’s offer of binding arbitration, both parties must observe a 30-day “cooling off” period.  If the President of the United States does not intervene in steps 8 – 11, then the whole process moves directly to step 12. 

8.  Presidential Intervention – The NMB may at this time request the President of the United States to intervene due to a “possible substantial interference with interstate commerce.”  The President, however, is not legally mandated to intervene. 

9.  Fact Finding Board – The President may, at his discretion, establish an Emergency Fact Finding Board to investigate the dispute between the union and the company, and make recommendations. 

10.  Board Findings – If the Board is appointed, they must make their recommendations within 30 days.  They may, however, ask either party for additional time to investigate.  The President may allow an additional 30-day extension for the Board to complete it’s investigation. 

11.  Cooling Off II – After the Emergency Fact Finding Board makes its recommendations to the President, the union and company must observe another 30-day “cooling off” period. 

12.  Self Help – At the end of the 30-day cooling off period, the union and the company are free of any legal restraint.  The company has the option of imposing its own work rules and wages.  The union has the option of accepting those rules and wages or electing to strike.

What Can Fly and What Can't?

Question:  What is the truth when it come to What Can and What Cannot be carried on an aircraft?  People started asking when the TSA started taking away lighters.  

Answer:  Here is a link to a TSA Bulletin dated March 11, 2005.  On it you will find a list of items that Can and Cannot be taken aboard the aircraft.  The list also includes checked baggage as well.

Sadly, the TSA is not always consistent with its enforcement of this list.  This can create frustration for Customers and Crew Members alike.  If the TSA questions you about an item cooperate as much as possible.  Remember, arguing only makes matters worse and the screener has the final say.

Remember Reserves...

Reserves may pick up trips from the open time at 3:00pm when returning from days off, airport alert unassigned, vacation days, personal drop days, and personal leave of absence days.

Did You Know? - Automatic Release Prior to Immovable Days Off

As per the Contract section 5.I.2 "...Reserves will automatically be released from duty at 1700 local time prior to immovable days off unless prior assignment has been made."Remember, this rule only applies to the immovable days off that were originally built into your Reserve Line.  If you have made changes to your immovable days (such as adding or reducing the number of days), this rule only applies to the remaining original days.

After 1700 you no longer need to answer phone calls from scheduling.  If, however, you do answer a call from Scheduling, they do have the right to utilize your services.

Did You Know? - Vacation and Adjustments

If you put in for a vacation fly thru, and you bid a line that conflicts with a carry-over trip, you will be subject to normal month to month line adjustments.  You will need to self adjust, or sit R-days.  Your vacation hours will not be used to cover for schedule conflicts.

If you do not do a vacation fly thru you will not be adjusted.

Did You Know?

If during a bid month with vacation days, you drop all of your remaining trips, the Company will show you as inactive for the month, and adjust your vacation for the following year by 1/12.  You must start at least one trip during your vacation month in order to avoid adjustment.  Carry-in trips from the previous month do not count.

On the other hand, if your vacation causes all of your trips to drop off your line you will not be adjusted.

Does Scheduling have to notify me of changes to my Trip / Schedule?

YES - Based on an Arbitrators decision,  Scheduling is required to "attempt" to contact you.  If they cannot reach you they can still make whatever changes necessary.  This is why it is critical that Scheduling have as many contact numbers, for you, as possible.  

Can Scheduling interrupt my minimum Crew Rest?

DEPENDS ON THE SITUATION - Scheduling can interrupt your crew rest only for emergency circumstances which include urgent personal situations (Death in the family, etc.) or for operational changes such as changes to your trip.

For a Reserve that is released to crew rest, Scheduling may only contact you during the LAST hour of the rest period at their home base.

Can a junior Flight Attendant, holding a line due to a Job Share, bump a more senior Reserve from a trip the Reserve has been assigned to?

NO - The line holder MUST be senior to the Reserve in order to bump them from a trip.  Being a Line Holder does not supercede seniority.

Do Reserves qualify for the Conscientious Commuter policy?

YES - As long as all rules are complied with, a Reserve qualifies just like everyone else.

As a Reserve, can Scheduling make me go down to the Crewroom for 30 minutes after coming in from a trip?

YES - However, the time begins from the time you contacted Scheduling (see Section 5, # 16 on page 5-32 of your contract.)  If a Scheduler tries to set different starting time, please note the Schedulers Name and the time that you called.  Bring this information to a Union Representative so we can begin your investigation.

Why do I lose my overs?

The Union tried to negotiate for better Overs Protection. However, the Company would only give them to us if Flight Attendants gave up their Pay Protection for Trips.  The Union felt that Trip Protection was better for the Flight Attendants in the long run then Overs Protection.  So our current compromise was negotiated.

As a Reserve, I'm good for 4 days, why can't I pick-up a 3 Day trip coming off of Unassigned Airport Alert or days off?

During our previous contract negotiations it was apparent that Reserves disliked being turned and having their days off rolled above all else.  To that end, the Company has chosen to interpret various work rules in order to minimize Reserves being turned and rolled.

In this situation, Scheduling has taken the position that the days are incompatible.  If there are exactly or not enough "4 Day" Reserves available to cover the 4 Day trips in open time then Scheduling will restrict what Reserves can pick up.

As an example, there are five 4-Day trips in open time for the next day.  On the FIFO list there are five Reserves good for 4 days or more.  In this situation Scheduling would NOT allow a Reserve good for 4 days to pick-up a 3 day trip because it would leave days uncovered.  The uncovered time might force Scheduling to turn or roll another Reserve.

We argue that is not the intent of the language of the Contract.   We currently have Grievances filed over this issue.