Presidential Grievance Filed on Pay Protection Provisions – LAA/LUS
APFA has filed a Presidential Grievance, protesting the Company’s recent practice regarding scheduling and deadheading pay protection provisions in the Red Book Agreement as well as its interpretation of similar provisions yet to be implemented under the JCBA.
The language in Section 10.J.9. of the Redbook that is currently in place for LUS, and ultimately to become effective for all Flight Attendants under the JCBA, states that if a Flight Attendant’s trip pairing is modified or rescheduled after reporting, then:
A Flight Attendant…will be guaranteed the pay value of his/her originally awarded or assigned pairing, as published…or actual time, whichever is greater, excluding canceled segments. A pairing which does not appear on the electronic bid package, e.g. ferry flights…will be pay protected to the posted value of the pairing prior to its award or assignment. This pay protection will also apply to a Flight Attendant who is replaced as a result of a crew or equipment substitution.
Additionally, Section 16.A. of the Redbook states:
A Flight Attendant required by the Company to deadhead shall receive full pay and credit based on scheduled block time or actual flight time, whichever is greater.
Since 2000, when this pay protection language was first negotiated, and as part of all subsequent LUS agreements including the Red Book Agreement, the Company consistently upheld the agreed upon language and interpretation. However, beginning in September 2016, the Company abandoned the agreed upon interpretation, resulting in violations of Sections 10, 11, 16 and other related sections of the Red Book.
The Company is now improperly deducting the pay value of canceled segments and is failing to properly credit Flight Attendants for deadheading time associated with a cancellation or crew substitution. Furthermore, they have announced their intention, in meetings with the Joint Scheduling Implementation Committee, to continue these violations going forward under the JCBA.
Based on the Company’s violations of the Red Book and JCBA, APFA demands the following relief:
- The Company shall make whole all Flight Attendants adversely affected by its wrongful violations;
- The Company immediately cease and desist from implementing its proposed interpretation of the pay protection provisions, whether through the BRD process or otherwise, for use under the JCBA;
- The Company shall otherwise comply in full with the JCBA;
- The grievance be handled on an expedited basis so that Flight Attendants can be made whole, and the JCBA can be properly implemented as quickly as possible; and,
- Any other relief deemed appropriate.
Despite management’s repeated statements to the media and shareholders that it is committed to gaining the trust and respect of its employees, its blatant disregard for negotiated agreements flies in the face of what has become little more than lip service.