Tuesday, March 31, 2020
Phased Approach to Pay Protection and Elimination of Available Days
Arbitrator Weinstock today issued a decision in the APFA’s Presidential Grievance challenging the elimination of Available Days and the Phased Approach to Pay Protections, both of which took place in summer 2018. The hearing was held in July 2019.
The Grievance had charged that the Company had violated the JCBA and Implementation Timeline Letter of Agreement when (a) it eliminated Available Days in May 2018, without also implementing TTS and ETB; and (b) it adopted some, but not all, of the JCBA pay protections in May 2018, without also retaining all of the existing Interim Pay Protections.
Arbitrator Weinstock sustained the Grievance in part and denied it in part. With respect to Available Days, the arbitrator agreed with the Company that it was not contractually obligated to maintain Available Days up to the point when TTS and EBT became operative for LAA Flight Attendants. She therefore held that the Company had not violated the JCBA “when … it eliminated Available Days for all legacy American Airlines Flight Attendants prior to implementation of the Trip Trade System and the Electronic Trade Board.”
With respect to Pay Protections, Arbitrator Weinstock found two violations by the Company. First, the Company violated the JCBA when it imposed more stringent rest requirements on flight attendants in order to receive pay protections starting in May 2018. Second, the Company violated the JCBA by denying certain premium pay for Flight Attendants on flights actually flown. Thus, she held that the “Company violated the JCBA and the Implementation Timeline Letter of Agreement when in the course of partially implementing JCBA pay protections for legacy American Airlines Flight Attendants, it implemented a more stringent requirement regarding FAR crew rest, which was a reduction in benefit from the interim pay protections. In addition, any Flight Attendant due a premium on a flight actually flown may seek a remedy in accordance with the Opinion herein.”
While we are disappointed with the portion of the ruling regarding Available Days, we believe that it is crucial for the APFA to continue to fight for full compliance with all terms of our agreement, and are proud to have succeeded on the Pay Protection portion of the grievance.
The Arbitrator has ordered the Company to work with APFA to establish a procedure for Flight Attendants to receive a remedy for any and all violations. Once we have established this procedure, we will be in communication regarding the process and will continue to fight vigorously to make sure that every Flight Attendant received what they are owed and that the Company lives up to its obligations under our contract.
APFA National Vice President