From: www.unitedafa.org

Our new Contract offers more opportunities for us to fly unlimited hours, earn certain incentives for keeping the operation “on-time,” as well as waive certain Contractual legalities that were previously “un-waivable” for a considerable period of our bargaining history. However, it is critical for all of us to understand that because the Union has negotiated for certain provisions to be waivable, we aren’t disregarding the language in any other section of the Agreement in order to do so.  Where waivers have been negotiated, the specific circumstances under which the waiver applies have been carefully delineated. Invariably, there may be circumstances where misunderstandings may result and this may ultimately lead to Contractual disputes.  It is important that each of us understands how to protect our rights when disputes occur.    

Of primary importance, the discretion to waive certain legalities belongs solely to the individual Flight Attendant, not management.  During the course of the next several months as we become familiar with the new provisions of the Agreement, there are bound to be questions and potential issues that arise. It is just as important under this new Contract to be aware of your legalities and to challenge anything that may be a violation of our Collective Bargaining rights. It is imperative that we all work together to enforce our Contract.  If we allow any Section of our Agreement to be disregarded repeatedly without challenging the actions of management in these misapplications we run the risk of changing the meaning of the language of the Agreement to the benefit of management and to our detriment. In short, we must actively defend the language in our Contract at all times and each of us has an equal responsibility to enforce the language of the Contract. 

What can an individual Flight Attendant do if she/he feels that a potential dispute exists?

Flight attendants should initially attempt to resolve disputes with the appropriate parties. It is important to understand that issues must be directed to the appropriate parties for resolution. For example, the Payroll department translates information from our Flight Time Records (DFAP) into the dollars and cents we receive in our paychecks. If the item(s) haven’t been posted to the DFAP, Payroll can’t “pay” us for the item. Conversely, Flight Time Records, the group responsible for updating our DFAPs with understaffing, holding, etc. cannot answer questions typically related to Payroll, such as withholding exemptions or taxes.

If, after speaking to the appropriate parties, the issue remains unresolved, you may initiate the Dispute Resolution Process by filing a worksheet with your Local Council, no later than 60 calendar days after the Flight Attendant(s) would reasonably have knowledge of the dispute.  Your Local Council reviews and evaluates every worksheet submitted. Be as detailed as possible and include any relevant document(s) that pertain to the issue. 

Once your issue has been received and reviewed by your Local Council, there are two possible outcomes.

• If the issue is found not to be a violation of the contract, you will be notified and provided an explanation. 
• If the issue is found to present a valid dispute of our Contract, your Local Council will file a Notice of Dispute (NOD) with the designated company personnel within 30 days of receipt of the worksheet. A series of stepswill follow in an effort to resolve your issue.  The goal of the Dispute Resolution Process is to obtain Interest-Based outcomes as quickly as possible, preferably at the local level.

What if there is an issue that affects more than one person?

If there is a Contract dispute that affects a group of Flight Attendants at your location, your Local Council President may file a group NOD. Or, if the issue affects more than one location, the Master Executive Council President may file a MEC Grievance on behalf of the entire group. These grievances are handled by your MEC Grievance Committee and our professional staff of Attorneys. If the issue is not resolved to the Union’s satisfaction or if not settled amicably between the parties, final resolution of the issue will be decided by the System Board of Adjustment where a final and binding resolution is made by a panel which normally consists of two Union representatives, two company representatives and a neutral Arbitrator.

Over the course of the next few weeks AFA will be distributing informational articles called AFActs, which will highlight how certain provisions of our new Contract are to be applied. The changes we negotiated will benefit our Flight Attendant community and ensuring everyone has a full understanding of these provisions is the most certain way to take full advantage of the improvements to our Contract.  Collectively, through this understanding we can ensure the negotiated Contractual improvements benefit Flight Attendants and the integrity of our Contract is preserved.