Friday, April 21, 2017
SETTLEMENT REACHED ON LUS ETB/ISAP PRESIDENTIAL GRIEVANCE
On April 14, 2017, APFA and American reached a settlement of the Presidential Grievance protesting the Company unilaterally reducing access to the Electronic Trade Board (ETB) and not implementing the Iterative Schedule Adjustment Process (ISAP) for LUS Flight Attendants. As provided for in the Settlement Agreement, all LUS Flight Attendants, who worked between March 1, 2015 and June 30, 2016, will receive 5 hours of pay.
The JCBA required the Company to have ETB and ISAP fully operational by March 1, 2015 when the Preferential Bidding System became effective. And under ISAP, management makes open time available for pick-up by Flight Attendants.
For approximately eighteen months after March 1, 2015, neither system was operating in compliance with the contract. The numerous functions that had been part of ETB were not available and they were frequently unreliable, suffering complete or partial shutdowns. Many of these problems arose from American’s decision to abandon the vendor it had relied on for providing access to ETB and to integrate this system into the Company’s own Crew Portal. In addition, ISAP was not fully functional; it could not, for example, distinguish between qualified and unqualified Flight Attendants in awarding the CSD position.
As a result of these failures, the Company deprived Flight Attendants of the scheduling flexibility to which they are contractually-entitled. Since trips were awarded on a first-come, first-serve basis, Flight Attendants, who were shut out from the system, lost assignments they could not recover.
Through lengthy settlement discussions, we were able to convince American to provide each LUS Flight Attendant with 5 hours of pay. The cost to the Company is approximately $2.5 million. In reaching this settlement we had to keep in mind that damages would be difficult to prove and that it was very possible the System Board would have awarded no monetary relief. Also, absent such proof, it was highly unlikely it would have required American to pay millions of dollars. The System Board may have only directed American to stop violating the JCBA. Considering that it is now complying with the JCBA, a cease and desist order would have been of little value.
Under the terms of the Settlement Agreement, the 5 hours of compensation will be paid on the April 30, 2017 paycheck. There will be a clear notation that the 5 hours is for a grievance settlement.