Source: www.unitedafa.org

We have heard reports from the field that United management has begun an escalation of suitcase searches. AFA has consistently opposed searches of the belongings and person of Flight Attendants for obvious reasons.  It is an embarrassing and humiliating experience to have your privacy invaded by having your personal effects exposed.  In addition, it is insulting to be suspected of theft or transporting drugs.  In suitcase searches, the innocent have cause for outrage. 

Arbitrators, however, have ruled that with reasonable cause, the company may conduct a search of an employee's belongings.  These arbitration rulings have in mind a company's right to protect its property from theft or illegal drugs.  If you are ever confronted with a demand to submit to such a search, you should:

1. Demand the presence of a qualified witness (preferably from the Union Grievance Committee) before you submit to any search or answer any questions.  Remember, the Contract says that you have 24 hours to obtain a witness of your choice.  If you are unable to obtain an acceptable witness, offer to lock your belongings in an airport office and give the key to an acceptable third party until the witness can be obtained. 

2. In the presence of your witness, demand that the company state the reasons why they are asking to search your belongings.  Remind the company official that any slanderous remarks about your taking of company property may be the basis for a lawsuit which you will initiate against them.  In addition, remind the company official that an invasion of your rights of privacy may be taking place.

3. Ask if a direct order is being made to you to open your belongings.

4. If the company still insists that you must open your suitcase, state that you will do so under protest.  In view of your witness, allow the company official to open and inventory your belongings.  Be sure to record the names of the company official(s) involved and contact your Local Council Grievance Chairperson or any of your other AFA Representatives.

Our Contract gives us a right to a witness of our choice present in any discussion with more than one management person which may lead to disciplinary action. In fact, the company must advise you of this right. You have a reasonable length of time (not to exceed 24 hours) to obtain your witness. Do not allow the company to select a Flight Attendant of their choice for convenience. You may delay the discussion until you find a witness who is satisfactory to you provided you do not exceed 24 hours to obtain this person.

Though the Contract provides a right to a witness when more than one management person is present, it is advisable to request representation even in a one-on-one situation. If your request is refused, notify your Local Council Grievance Chairperson as soon as possible.

One exception to the 24-hour rule would be if the evidence would disappear with time, i.e., being under the influence of alcohol or drugs. In such a case the employee may be required to obtain a witness more promptly. In all other cases, however, you are entitled to 24 hours to obtain the witness of your choice. A System Board Decision, MEC 1-79, states that the employee must be allowed up to 24 hours to obtain a witness even if the company wishes to complete a suitcase search prior to trip departure. Your right to a witness supersedes the company's wish to avoid replacing you on the trip. In such a case, you would be removed from the trip with pay.

If there is a question about your right to have a witness, refer to Section 26.F.6. of our Contract. Also, inform your Local Council at once if this representation is denied. This information as well as how to respond in other situations involving your rights is available on our website.